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Home My WebLink About01-13-2004 RDAMINUTES REGULAR REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 13, 2004 CALL TO ORDER The Regular Redevelopment Agency Meeting was called to order by Chairman Hickman at 5:00 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, Assistant Legal Counsel Miles, Community Development Director Brady and Clerk of the Board Kasad. 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 (17:40.1)(X:134.10) Legal Counsel Leibold announced the Closed Session discussion 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 6:55 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M.) Chairman Hickman reconvened the Regular Redevelopment Agency Meeting in Public Session Page Two — Redevelopment Agency Minutes — January 13, 2004 at 9:25 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, Assistant Legal Counsel Miles, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Police Chief Walsh, Information/ Communications Manager Dennis, City Treasurer Weber and Clerk of the Board Kasad. CLOSED SESSION REPORT Legal Counsel Leibold announced that the Redevelopment Agency Board met in Closed Session regarding Real Property Negotiations as listed above, with no reportable action. PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE No Comments. CONSENT CALENDAR Boardmember Magee indicated that he would be abstaining from vote in Items 1. a. and 1. b. as they preceded his seating on the Board. MOVED BY SCHIFFNER, SECONDED BY KELLEY 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 — November 25, 2003. b. Regular Redevelopment Agency Meeting — November 25, 2003. C. Regular Redevelopment Agency Meeting — December 9, 2003. (F:134.3) 2. Received and ordered filed the Investment Report for November, 2003. (F:12.3) Concurred with Council Action to Approve the Design Review for Industrial Project No. Page Three — Redevelopment Agency Minutes — January 13, 2004 I- 2003 -01, "Pasadena Business Park IP'. (F:86.2) I ere Mw 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 9:26 P.M. C__---DrARYL HICKMAN, CHAIRMAN REDEVELOPMENT AGENCY AT EST: '1 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, FEBRUARY 10, 2004 CALL TO ORDER Mayor Buckley called the Joint Study Session to order at 4:05 p.m. ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY 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, Information /Communications Manager Dennis, Lake & Aquatic Resources Director Kilroy, Public Works Manager Payne, Parks & Open Space Manager Fazzio and Deputy City Clerk Ray. DISCUSSION ITEMS City Attorney Leibold indicated there were three items for closed session. 1. Anticipated litigation (2 cases). 2. Public employee performance evaluation (City Manager). Consent Calendar 1. Minutes — Councilman Magee commented on Item 1 a page 8 that PAGE TWO -STUDY SESSION - FEBRUARY 10, 2004 he was listed as the Liaison to the Downtown Merchants Association. Councilman Hickman indicated that City Treasurer Weber was the Liaison. Councilman Magee requested making that change in the record. He also commented on Item lb page 3, fourth paragraph, John Tavaglione's name was spelled incorrectly and the last paragraph of that same page last sentence it was a TAKE permit not TANK permit. 2. Warrant List — Councilman Hickman requested clarification for various checks issued from Item No. 2, the Warrant List. Staff clarified the checks in question. Councilman Magee requested clarification for various checks issued from Item No. 2, the Warrant List. Staff clarified the checks in question. Mayor Buckley inquired why the City was paying for the gas leak on Main and Sulpher, and if it was because of the right -of -way. City Manager Watenpaugh confirmed that was correct. Mayor Buckley asked if the tanks were approved to build in the right -of- way. City Manager Watenpaugh explained the tanks that were removed had been in place years ago, and when the City did a renovation 10 years ago to the downtown area, the tanks were found; thus the City got to remove and abate the tanks. Mayor Buckley inquired if there was any potential that the original owner would remove the tanks. City Manager Watenpaugh explained the property had changed hands multiple times. He commented that the City was liable for the removal of the tanks. 3. Approval of Final Map 30492 — Pardee Homes, Inc. PAGE THREE -STUDY SESSION - FEBRUARY 10, 2004 Councilman Magee commented he would be abstaining from Items 3, 4, and 5 since the projects were all approved before he was seated on the Council. 4. Approval of Final Map 30492 -4- Pardee Homes, Inc. No comments. 5. Approval of Final 30754 — Pardee Homes, Inc. No comments. PUBLIC HEARING 21. Tentative Tract Map 31917 — K. Hovnanian Forecast Homes — Mayor Buckley inquired about Condition #16 (allow work on Saturday). He commented he had concerns about that Condition; and he noted that there were homes nearby although he had not received a lot of complaints recently, the past actions of the builder concerning their hours of operations and keeping the dust down was in his opinion awarding inappropriate behavior. Councilman Magee recalled in July of 2003, while attending a Council Meeting, listening to residents in the site area explaining the reasons why they were displeased with the way the grading operation had occurred and the hours of operation with respect to this particular builder. He indicated based on their past performance the complaints that were received from that particular housing group and page 4 of a City Manager's memo dated 2/6/04 "Forecast Homes had not been willing to work with Staff and will receive daily citations, beginning Monday, February 91h until compliant with their conditions of approval ". He commented he was not interested in rewarding a developer whose bad behavior continued seven months hence. Mayor Pro Tern Kelley inquired if they were currently in compliance with CR &R. PAGE FOUR -STUDY SESSION - FEBRUARY 10, 2004 City Manager Watenpaugh confirmed they were currently in compliance with CR &R. He indicated another issue that might come up was regarding a signal light. Councilman Magee asked City Manager Watenpaugh to explain. City Attorney Leibold joined the Study Session. City Manager Watenpaugh explained that Staff was working with the builder to require that they put up a cash bond or letter of credit; he explained that the condition in their existing plan allowed them nine more houses they could pull, but they reached the nine houses they could not pull anymore permits until the signal was in place. He noted unless the builder complied with a letter of credit or cash bond they would not be able to pull more than nine permits. Councilman Schiffner inquired if the builder had given an explanation of why they had not moved forward with the signal. City Manager Watenpaugh indicated the builder had ordered the controller prior to getting the signalization approved, but the controller received was not to the specifications the City uses, so they had to reorder. Councilman Hickman indicated that Horton in the Tuscany area was working seven days a week, and their sign stated until dusk they were allowed to work. He noted daylight savings would be upon us soon and they should be working 7:00 a.m. to 5:00 p.m. like everyone else and they were working that past Sunday. Mayor Buckley commented that in a number of other cities that failure to comply with hours of operations and dust remediation, not only meant the work had to end that day, but they also did not get to work the entire next day. He also commented as a City we should have far more strict penalties for failing to comply with work hours. He deferred to City Attorney Leibold inquiring how strict the City could become. PAGE FIVE -STUDY SESSION - FEBRUARY 10, 2004 City Attorney Leibold noted the City could establish hours of operation or construction activity as deemed appropriate. She indicated the noise ordinance specified that construction or grading activity had a specified time frame. Mayor Buckley inquired if to put in a penalty, the Council would need to change the L.E.M.C. City Manager Watenpaugh inquired if rather than penalizing all of the developers, was it possible to add something similar to Mayor Buckley's suggestion into the cost recovery program, so if the City charged it, then it became an issue of enforcement. City Attorney Leibold indicated it was possible for Council to impose a more restrictive condition than what was specified in the LEMC with discussion and a finding as to why a more restrictive condition was imposed. Mayor Buckley inquired if past bad behavior would qualify. City Attorney Leibold commented certainly with respect to a cost recovery concept suggested by the City Manager, because the City had historically incurred cost in the enforcement of that condition. She was not sure that past bad behavior justified a more restrictive time of operation, but felt Council could specified exactly what the consequences of violating the condition were. Councilman Schiffner indicated there must have been a reason why the time was extended to include Saturday and had to have been discussed at the Planning Commission and there must have been some comments. Community Development Director Brady indicated the applicant had requested additional time and the intent was the location of the tract was removed from the existing homes and the noise would not be as great. PAGE SIX -STUDY SESSION - FEBRUARY 10, 2004 Councilman Schiffner commented that the tract was further back and was not as close as the first tract. He indicated it should be conditioned upon there being no complaints; and in the event complaints were received the Council would eliminate Saturdays. Councilman Magee inquired about the lot sizes in the tract. Community Development Director Brady indicated the lots ranged in size from 6,000 sq. ft. to 27,000 sq. ft. and the average size was 10,114 sq.ft. Councilman Magee indicated on Condition #57 staff had discussed slopes greater than 2:1 and inquired if there were a significant amount of slopes greater than 2:1 in the tract. Community Development Director Brady indicated the City standard was 2:1. Councilman Magee indicated Condition #79 the last sentence read — "Signal shall be funded by CID monies and in accordance with the development agreement associated with the La Laguna Estates Specific Plan." He inquired if there was money in that fund right now or was it something that would be created in this particular phase. Community Development Director Brady indicated he was not sure of the amount of the balance of that CFD at that time. He would need to research that information. Councilman Hickman asked if Staff was requesting drip irrigation for the landscaping and possibly fertilization units. Community Services Director Brady indicated the landscape plan had not been submitted, but the HOA would maintain all the common open space areas. Slope areas that were in a lot would be the responsibility of the property owner. PAGE SEVEN -STUDY SESSION - FEBRUARY 10, 2004 Councilman Hickman indicated they had won an award at the State level in Tuscany Hills for their drip irrigation program. He suggested in the future Staff should consider drip irrigation instead of sprinklers, as it would conserve water and save money. Councilman Schiffner suggested adding into the Conditions of Approval — In the event of excessive number of complaints, Saturday work would be eliminated. 22. Tentative Parcel Map No. 29996, Mitigated Negative Declaration No. 2003- 04 and Design Review of Industrial Project No. I 2003 -05- Southwest of Collier Avenue on Hunco Way within the Collier Avenue Business Park. City Manager Watenpaugh gave an overview of the item. Councilman Magee noted on the bottom of page 1 there was discussion of when building permits could be pulled and on the next page the sentence began- "Buildings G and H as shown on the plans ", it was possible Staff dropped a sentence. Community Development Director Brady clarified in the staff report the condition was modified to allow the buildings to be constructed and the certificate of occupancy would not be granted until the storm drain was in place, so the last sentence on page 1 should read "Complete construction of the storm drain prior to issuance of any certificates of occupancy ". The Buildings G and H should not have been included. Councilman Magee inquired if there was a design of the storm drain available. Community Development Director Brady explained the drainage would go from Collier, take the drainage off the Home Depot site, take it through Hunco Way across Pasadena and into the Outflow Channel, which was under design. PAGE EIGHT -STUDY SESSION - FEBRUARY 10, 2004 Councilman Magee noted in the plans that were submitted to him, the upper right hand corner of the Tentative Parcel Map Engineer Dennis C. Fonsworth's license expired in the year 2000 and hoped he had an updated stamp and license before he submitted the plan. Business Items City Manager Watenpaugh commented that there was a request by the Water District to pull Item No. 33, the LEAPS Project. He noted Mayor Buckley had requested a written project in the packet that was given to Council, but the Water District would like to make a presentation. Councilman Schiffner explained they would need to agendize the matter because they would have more than two Director's at the Council Meeting. Mayor Pro Tern Kelley indicated that she would like to see a presentation on the issue. Councilman Magee echoed Mayor Pro Tern Kelley and commented that he was not comfortable with seeing the item on the agenda without receiving an update as a Councilmember. Mayor Buckley commented that the sudden arrival on the agenda was extremely inappropriate and he found it interesting that they decided to pull the item. He indicated at the last meeting Council was looking for a timeline and some sort of informational direction whether the City had to get involved or if the City could get involved, and what were the consequences if the City did get involved, which were basic questions. He noted if the City was a permitting agency it would absolutely inappropriate for the Council to consider a resolution of support as that could be conceived as predecisional in the permitting concept. Councilman Schiffner explained that the Water Department requested LESJWA to give the approval supporting the LEAPS Project, and he gave the approval of the City on the condition the City Council would approve it, so LESJWA could not approve the support until the Lake Elsinore City PAGE NINE -STUDY SESSION - FEBRUARY 10, 2004 Council had given their support, so he requested it be put on the Agenda and the Water District requested the opportunity to give a presentation. 31. July 4 "' Fireworks. Mayor Buckley commented it was a great idea to have the fireworks over the Lake. City Manager Watenpaugh deferred to Community Services Director Sapp. Community Services Director Sapp explained there were only two pyrotechnic companies available, the third company (San Diego Fireworks) was booked for that day. He explained that Fireworks America was located in Lakeside and provided a bid at $15,000 and $20,000. Pyro Spectaculars was located in Rialto and provided a bid at $17,000, $20,000 and $25,000. He noted for comparison purposes he used the $20,000 bid. He indicated Pyro Spectaculars could do a simulcast over the radio "Sky Concert" with music and last 20 minutes. Fireworks America could also provided the same simulcast over the radio, but since they were located in Lakeside the radio stations they work with were San Diego based and might not have the range to reach Lake Elsinore. Pyro Spectacular networked through KOLA Radio 99.9, which reached Lake Elsinore. He went on to say that the price tag was broken down to the number of shells that each bid would provide. Pyro Spectacular provided 1,136 or approximately one shell per second. Fireworks America was 694 or one shell per 1.7 seconds, both shows were 20 minutes in length for $20,000. Mayor Pro Tem Kelley inquired about Staff coordinating a boat parade. Community Services Director Sapp indicated that it was discussed if there were an activity on the Lake with fireworks it would be a great opportunity to have a boat parade. The Staff cost for preparation and event operation was estimated at $9,417 and would be part of the 2004 -2005 FY Budget. PAGE TEN -STUDY SESSION - FEBRUARY 10, 2004 Councilman Hickman inquired why the boats already on the lake need to come off the lake instead of being out there with their green and white lights on and let the boats for the parade go about the exterior of the lake. Lake & Aquatic Resources Director Kilroy explained that during the first year the Lake Department would like to see where the fall -out zone would be and there was concern of heavy drinking on the 4th of July and wild boaters, so it may be difficult to control the area. Councilman Hickman commented that he would go with the first year of having the boats come off the water, but the second year he would like to see the lake open for all boaters. Community Services Director Sapp commented that there was normally one or two arrests while boating under the influence. He noted it was illegal to drink on the beach and illegal to be drunk while driving a boat, but it was not against State law to drink in a boat on the Lake. City Manager Watenpaugh expressed his concern with the unlimited speed zone on the Lake; and there would need to be enforcement out there all night or until patrol was able to get everyone off the Lake. Mayor Pro Tern Kelley inquired about possible parking issues. She commented that along Lakeshore Drive cars would stop to watch the fireworks. She asked if staff would try to have citizens go to other areas to park. Community Services Director Sapp indicated that Staff would encourage citizens to park at the Stadium and walk out in the levee and view the fireworks show. Staff was recommending that Council exempt Staff from Chapter 3.08.070 LEMC (the formal bidding process). Councilman Magee was concerned with the dollar amount for the event. He thought the idea with the Lake was great and encouraged Staff to work with Pete Dawson and L.E.M.S.A.R. He agreed with Mayor Buckley regarding PAGE ELEVEN -STUDY SESSION - FEBRUARY 10, 2004 free parking at the stadium and at the boat launch facilities if a flyer was to be prepared that not only discussed where the fireworks were, but gave the details of participating in the boat parade. 32. Consideration of State Proposition 57- Economic Recovery Bond Act; and Proposition 58 California Balanced Budget Act. Mayor Buckley suggested Resolutions of support. City Manager Watenpaugh indicated Staff had drafted letters of support, but could revise them into resolutions of support. Mayor Buckley indicated letters of support would be fine. City Manager Watenpaugh indicated that Assistant City Manager Best had attended a meeting with neighboring cities and chambers and they were in favor of 57 and 58, but it was a Council decision to support the propositions. 33. Resolution of Support for EVMWD's LEAPS Project. The item was pulled from the Agenda. 34. Annual Financial Reports for Fiscal Year ended June 30, 2003. City Manager Watenpaugh gave an overview of the item. 35. General Plan Update. Mayor Pro Tern Kelley indicated this was long overdue. City Manager Watenpaugh gave an overview of the item. He noted that it could be costly. Staff was proposing to Council to do an RFP or RFQ to receive quotes and then break down into elements. The first would be the PAGE TWELVE -STUDY SESSION - FEBRUARY 10, 2004 land use and second would be traffic circulation; this would be a multi -year project, so it could be funded in multiple years. He deferred to Community Development Director Brady. Community Development Director Brady indicated that in the Staff reports the housing element would need to be updated and that was an issue Council might want to consider as part of this particular process, it was required by law to be updated on a regular basis. The addition of an economic element or lake element or tourist recreation element could also be part of the plan. He noted the Council might want to consider revising the zoning ordinance, which was the implementing tool of the General Plan. Councilman Schiffner commented that a portion of the General Plan would need to be revised to be in conformance with the MSHCP. Community Development Director Brady indicated the key elements would be both the circulation and the land use. Councilman Magee indicated the process could go astray rather quickly and become extremely time consuming. He commended Mr. Brady on the RFP document. He noted that under Item 5.0 with respect to the sphere of influence, it was important to stress whether in writing or during the interview process that we had some very unique and sensitive issues with respect to our sphere of influence. Item 7.0 was well worded. Item 5c under cost of services, he suggested adding "a periodic budget review of these tasks as they met threshholds ", this would allow Council to monitor the dollars so that it did not spiral out of hand. He indicated page 9 of 13 Item C4, the last sentence — "A total not to exceed the cost of each of the tasks for the entire scope of work must be included." He asked how the City intended to handle change orders. He noted this could be answered later. He indicated the City of Riverside was on track to complete theirs in 18 months. Mayor Buckley wanted to ensure that the potential bidders for this project understood public participation through numerous townhall type meetings through an active engaged advisory committee and something similar to the SCAG compass or what SANDAG had done to drive the process. He PAGE THIRTEEN -STUDY SESSION - FEBRUARY 10, 2004 suggested "Public participation shall be an integral and key component from the outset of the process." REDEVELOPMENT AGENCY Chairman Hickman gave an overview of the RDA Agenda. Legal Counsel Leibold indicated there was one item for closed session. Conference with Real Property Negotiator with respect to the Stadium and Impact Consulting. The price and terms were under discussion. Consent Calendar No comments. BUSINESS ITEMS 3. Establishment of Joint Study Session with RDA Committee. Chairman Hickman commented he would like to schedule it in March and suggested the RDA Committee set the agenda. ADJOURNMENT THE JOINT CITY COUNCIL/REDEVELOPMENT AGENCY MEETING WAS ADJOURNED AT 5:15 P.M. ,MAYOR CITY OF PAGE FOURTEEN -STUDY SESSION - FEBRUARY 10, 2004 YL HICKMAN, CHAIRMAN REDEVELOPMENT AGENCY Respectfully submitted, rederick Ray, Deputy City Clerk ATTEST: 4�, L- Z,, 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, FEBRUARY 10, 2004 CALL TO ORDER The Regular Redevelopment Agency Meeting was called to order by Chairman Hickman at 5:00 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, Community Development Director Brady, Community Services Director Sapp, Administrative Services Director Pressey, Director of Lake & Aquatic Resources Kilroy, Information /Communications Manager Dennis, Public Works Manager Payne, Parks & Open Space Manager Fazzio, City Treasurer Weber and Deputy City Clerk Ray. CLOSED SESSION a. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54965.8) (FA0. 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 — February 10, 2004 Legal Counsel 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.) Chairman Hickman reconvened the Regular Redevelopment Agency Meeting in public session at 9:00 p.m. ROLL CALL PRESENT: ABSENT: BOARDMEMBERS: :x::111 ►I �_. BUCKLEY,KELLEY, MAGEE, SCHIFFNER, HICKMAN f►C17i" Also present were: Executive Director Watenpaugh, Assistant Executive Director Best, Legal Counsel Leibold, Community Development Director Brady, Community Services Director Sapp, Administrative Services Director Pressey, Director of Lake & Aquatic Resources Kilroy, Information /Communications Manager Dennis, Public Works Manager Payne, Parks & Open Space Manager Fazzio, City Treasurer Weber and Deputy City Clerk Ray. 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, but at the conclusion of the meeting they would recess Page Three — Redevelopment Agency Minutes — February 10, 2004 back into Closed Session for more discussion. She indicated that there was no reportable action at this time and she did not anticipate any tonight. PUBLIC COMMENTS — AGENDIZED ITEMS No comments. CONSENT CALENDAR MOVED BY KELLEY, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: (F:134.3) a. City Council/Redevelopment Agency Study Session — December 9, 2004. b. City Council/Redevelopment Agency Study Session — January 27, 2004. c. Regular Redevelopment Agency Meeting — January 27, 2004. 2. Concurred with Council Action to Approve Tentative Parcel Map No. 29996, Mitigated Negative Declaration No. 2003 -04 and Design Review of Industrial Project No. 12003-05. (F:110.2) BUSINESS ITEMS 3. Establishment of Joint Study Session with RDA Committee. (F:134.1)(X:44.1) Chairman Hickman noted that it was discussed at the Study Session and the Joint Study Session was scheduled for April 8, 2004 at 4:15 p.m. in City Hall Conference Room A &B. Page Four — Redevelopment Agency Minutes — February 10, 2004 MOVED BY KELLEY, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO CONDUCT A JOINT STUDY SESSION IN CONFERENCE ROOM A &B AT CITY HALL AT 4:15 P.M. ON APRIL 8, 2004. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES No comments. 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 TO ADJOURN THE REGULAR REDEVELOPMENT AGENCY MEETING AT 9:15 P.M. YL HICKMAN, CHAIRMAN REDEVELOPMENT AGENCY Respectfully submitted, Page Five — Redevelopment Agency Minutes — February 10, 2004 Frederick Ray, Deputy City Clerk AT EST: VICKI KASAD, 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 9, 2004 CALL TO ORDER Mayor Buckley called the Joint Study Session to order at 4:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY 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, Public Works Manager Payne and Deputy City Clerk Ray. DISCUSSION ITEMS City Attorney Leibold indicated there were two items for closed session. Real Property Negotiations with properties involved in the Wasson Canyon Investments Agreement; participating parties were Wasson Canyon Investments, Southshore, and City of Lake Elsinore. 2. Anticipated litigation under section 54956.9 (1 case). PAGE TWO -STUDY SESSION -MARCH 9, 2004 Consent Calendar Minutes — Councilman Magee commented on Item 1 d page 4 of 16 that Donna Lucas indicated she had a petition that had been signed by 80% of the merchants, noting they had a different vision for the downtown district. He inquired about the whereabouts of that petition. City Manager Watenpaugh commented that the petition had not been presented to the City Manager's Office and asked Deputy City Clerk Ray if it had been presented to the City Clerk's Office. Deputy City Clerk Ray commented he would follow up with the City Clerk. Councilman Magee noted that the minutes stated clearly she indicated she had a petition and he did not remember her saying those words exactly. So he marveled if the minutes were recorded correctly or if she had misspoken, but if there was a petition it needed to be given to the Council. Councilman Schiffner agreed with Councilman Magee that if there was a petition it needed to be presented to Council. City Manager Watenpaugh commented that Staff would review the audio tape of the minutes and if there was a petition, staff would request it from Mrs. Lucas. 2. Warrant List — Councilman Hickman requested clarification for various checks issued from Item No. 2, the Warrant List. Staff clarified the checks in question. Councilman Magee requested clarification on check #76814 issued from Item No. 2, the Warrant List. Staff clarified the check in question. He also inquired about a settlement with Mr. Molendyk (former City Manager), noting that he had not seen that check. City Manager Watenpaugh commented that the check had been issued to the PAGE THREE -STUDY SESSION -MARCH 9, 2004 City and Staff had provided copies for individuals that had requested copies of the check. Councilman Magee informed Staff that he would like a copy of that check. City Manager Watenpaugh indicated a copy would be provided to Councilman Magee. Mayor Buckley requested clarification on check #76803 issued from Item No. 2, the Warrant List. Staff clarified the check in question. 3. Investment Report- January, 2004 — No comments. 4. Resolution No. 2004 -15 — Supporting the United States Troops & Commander -in- Chief. No comments. 5. Deposit & Reimbursement Agreement between the City and Laing -CP Lake Elsinore, LLC. No comments. 6. Bid Award for Motor Control Centers — Brewster Electric - $65,292. Mayor Buckley asked if the price was in the ball park of what Staff had wanted. Lake & Aquatic Resources Director Kilroy confirmed it was in range. Councilman Hickman inquired regarding the budget for the Lake Project. Lake & Aquatic Resources Director Kilroy indicated the total budget was $1.2 million for reimbursement and the City had accumulated $850,000, in expenses. PAGE FOUR -STUDY SESSION -MARCH 9, 2004 Councilman Magee inquired on an estimated time of deliver for this item. Lake & Aquatic Resources Director Kilroy explained that the axial flow pump module frames would probably be completed by March 19, 2004, after the frames were completed they would need to conduct a test of the floats, the decking, and the gear box pump; which should be available by mid April. The submarine power cables will be delivered in mid - April. He indicated there may be a delay due to the shop drawing which was not exactly correct on the docking stations, so two weeks were lost on that issue, and the estimated operation time was the end of June 2004. 7. Service Agreement for Pest Control of City Facilities — Robbins Pest Management $2,640 /year. City Manager Watenpaugh inquired if Morton Pest Control would be attending the 7:00 p.m. Council Meeting. Public Works Manager Payne indicated he was not sure, but Mr. Morton indicated to him last week that he would probably contest the low bid and he would be attending the meeting. The reason for challenge was based on his interpretation of the specifications as outlined in the staff report, page 7 of 15 (scope of work) Item 1. Mr. Payne commented that Morton Pest Control bid using a truck mounted gas sprayer. He indicated he met with the low bidder and walked the stadium, who guaranteed him he could do it for the price he bid. He would be using power spray backpack units to spray the stadium. Staff recommendation was to award the bid to Robbins Pest Control. 8. 2003/2004 Equipment Replacement Program- Tractors -Cook Equipment - $3,251.50 monthly lease. City Manager Watenpaugh deferred to Public Works Manager Payne. Public Works Manager Payne explained the equipment was for the weed abatement program. He noted there was a bid opening and three companies PAGE FIVE -STUDY SESSION -MARCH 9, 2004 submitted bid packages (Johnson Machinery, Cook Equipment, and Powerland Equipment). He noted Johnson Machinery had the lowest bid, but did not meet the specifications. Cook Equipment had the second lowest bid and they did not request any exceptions to the bid. Powerland Equipment had the third lowest bid and was requesting that Cook Equipment be disqualified based on them not meeting the bid specifications. They had four issues which Staff reviewed and felt the issues were not significant enough to disqualify the bid. Councilman Magee complimented Public Works Manager Payne on his thoroughness in reviewing this bid award. He noted he was comfortable with accepting Staff's recommendation. He inquired on the deliver time for the tractors. Public Works Manager Payne indicated the maximum deliver time was three months, but he was informed by all three bidders, that if they could locate a tractor at another dealership, the deliver time would be sooner. Mayor Pro Tem Kelley asked Public Works Manager Payne to explain the disagreement Powerland Equipment had regarding the specifications. Public Works Manager Payne indicated the four issues Powerland had were the gear range of the tractor, hydraulic system, mower, and the weight of the mower. He confirmed that these issues were insignificant. Councilman Schiffner asked if Powerland Equipment met the specifications. Public Works Manager Payne confirmed they met the specifications. Councilman Schiffner indicated that it seemed as though Powerland might have some legal grounds. City Manager Watenpaugh indicated that if Council was more comfortable with going with a higher price that was a decision for the Council, however Staffs recommendation was the middle bid that would meet all of the requirements at a lower cost and would be much more effective and efficient PAGE SIX -STUDY SESSION -MARCH 9, 2004 then just spending the extra dollars; as there were no significant difference in terms of the performance. He also indicated that he spoke with Assistant City Attorney Mann and Community Services Director Sapp and they were comfortable with accepting the middle bid. City Attorney Leibold explained that the standard was whether or not the discrepancies were material or nonmaterial. Material variation from the specification would disqualify the bid. Nonmaterial or insignificant variations would not. It was Staff's opinion that the differences Powerland pinpointed were nonmaterial to the performance requested. Councilman Schiffner expressed his concern that Powerland would respond; and if they had bid equipment at the lower ratios, they could have bid lower. City Attorney Leibold noted there was a small variation between the prices. City Manager Watenpaugh noted that the bid specifications stipulated if there were any questions to contact the Public Works Department. 9. Bid Award — Asphalt Maintenance — Hardy & Harper - $72,000. Mayor Buckley inquired if Hardy & Harper had ever done any paving for the City in the past or if any of the other bidders had done so in the past. Public Works Manager Payne indicated that Hardy & Harper had not done any work for the City in the past, but indicated that Nelson Paving & Grading had the City's last contract and for the past two years had been performing the pavement maintenance. City Manager Watenpaugh confirmed with Public Works Manager Payne that all of the bid packages were semi - overseen by finance through the new purchasing process and reviewed by the City Attorney. Public Works Manager Payne confirmed that was correct. PAGE SEVEN -STUDY SESSION -MARCH 9, 2004 Councilman Hickman requested clarification that they would be on call for the City. Public Works Manager Payne confirmed that was correct. He explained it was on a work order basis for maintenance activities. He noted that the contract was a one year contract with the option to rebid after one year. 10. Bid Award — Contract for Curb, Gutter & Sidewalk Maintenance — NPG Corporation - $6,750. No comments. 11. Bid Award — Contract for Unpaved Road Maintenance — Hardy & Harper - $5,920. Councilman Hickman inquired if unpaved roads were the processed by grading them. Public Works Manager Payne confirmed that was correct. PUBLIC HEARING 21. Tentative Tract Map 32008 — Lakeshore Village Specific Plan — Corman Leigh Communities. No Comments. 22. Tentative Parcel Map No. 31963, "Pasadena Business Park II" — Triple J Development. Mayor Pro Tem Kelley inquired on the leases within the business park. City Manager Watenpaugh indicated that most of the spaces were leased prior to them finishing each section. 23. General Plan Amendment No. 2003 -03, Zone Change No. 1003 -02, PAGE EIGHT -STUDY SESSION -MARCH 9, 2004 Tentative Condominium Map No. 31532, Residential Design Review No. R 2003 -15 and Mitigated Negative Declaration No. 2004 -01 for the "Lake Elsinore City Center Townhomes" Phase II — Resolution No. 2004 -16 & Ordinance No. 1117. City Attorney Leibold indicated there had been ongoing discussion with the developer and their attorneys and there were a couple of outstanding issues with respect to the conditions; staff and the developer both requested a continuance to the next regularly scheduled meeting. Business Items 31. Second Reading - Ordinance No. 1115 - CFD 2003 -1 Annexations 5 and 6. No comments. 32. Request from Volunteer Fire Department — Thermal Imaging Camera. No comments. 33. Public Safety Advisory Commission — Ordinance No. 1116. Bill Titto, indicated that he had read the ordinance and wanted to inquire on the Police, Fire, and Code Enforcement. He questioned if the Code Enforcement would be the Police Department and/or Code Enforcement. He indicated that Lake Elsinore's Code Enforcement was different than other cities. City Manager Watenpaugh explained that the Mayor and Council had requested during the Public Safety Study Session that Staff include Public Safety, Police, and Fire as well as City Code Enforcement in terms of recommendations. Mr. Titto asked who would be taking care of traffic. PAGE NINE -STUDY SESSION -MARCH 9, 2004 City Manager Watenpaugh explained the traffic would be through the Police Department and parking would be through Code Enforcement. Mr. Titto indicated there were problems with speed control on Machado Street. He noted that it was low priority for the Police Department. He further indicated from Lincoln Street to Grand Avenue there were no stop signs or signals. City Manager Watenpaugh explained that the City Council held a Study Session on the issue, and appointed a subcommittee of Councilman Magee, Mayor Buckley and City Manager Watenpaugh to review the existing Municipal Code Section: He indicated Mayor Buckley and Councilman Magee had some modifications to the duties and responsibilities that would be discussed later at the evening session and subject to Council ratification of those duties it would change the existing Municipal Code and Council would appoint five members for the first term. Councilman Magee commented that hopefully the Commission would be an additional set of eyes and ears not only for Council but for the citizens to focus more attention on public safety. Councilman Hickman suggested eliminating 42 of Section 2.46.030 (membership). He did not think the owner of a business or an owner's "designee" that was establish or currently licensed within the City should be added, it should only include residents of the City. Councilman Schiffner noted that there were many business owners in the City that did not reside in the City; that had a much bigger interest in public safety than some individuals that resided in the City. He felt that it was very important to involve business owners. Councilman Hickman suggested forming a district and reiterated eliminating the business owners. Mayor Buckley commented that another issue the Commission would work on was disaster preparedness. PAGE TEN -STUDY SESSION -MARCH 9, 2004 Mayor Pro Tern Kelley noted that Lieutenant Featherolf, at a previous Study Session, made the comment that in disasters, citizen committees often became a problem for the emergency personnel and she appreciated the way Item F was written. Councilman Magee commented that he hoped the Commission would review the current procedures, in terms of disaster preparedness and if changes or additions needed to be made they could make recommendations. City Manager Watenpaugh requested clarification that under Section 2.46.030 (membership) the business owner or business owner "designee" had to be a registered voter in the City. Mayor Buckley discussed the issue with Councilmembers and agreed to remove being a registered voter in the City as a requirement. Mayor Pro Tem Kelley inquired about the background check on selected individuals. She suggested speaking with Police Chief Walsh regarding what type of background check should be done. Councilman Magee noted the importance of a background check, but questioned involving Police Chief Walsh who had indicated at a July, 2002, Council Meeting, that he did not want this Commission and did not think it was necessary. He noted he was not comfortable with doing so. He suggested including the following statement: Applicants may be subject to a background check by the local Police Department and subject to approval by the City Council. City Manager Watenpaugh suggested Council might want each applicant to submit a short resume or some type of background of their experience. He noted there was more information on the Planning Commission than on Councilmembers. He noted there was no biography on Councilmembers. PAGE ELEVEN -STUDY SESSION -MARCH 9, 2004 Councilman Schiffner indicated he was concerned with the Mayor selecting the Chairman and Vice Chairman. He felt those seats should be chosen by the group after they had been selected. Mayor Buckley indicated he was going to select the Chairman. Mayor Pro Tern Kelley indicated that she heard the Chairperson had already been selected before the Agenda Review. She commented that before the Council had the opportunity to consider what they were forming, she was approached and told this was already a "done deal ". She reminded everyone it was not a "done deal" until the 7 p.m. Council Meeting when three of the five members voted, but if the Chairperson had already been appointed and told they were appointed that was not a good thing for the community and that was not the way Council operated. Councilman Schiffner commented the Public Safety Commission was a permanent committee like the Planning Commission and should be handled that way. He indicated the Public Safety Commission was not a Mayor's Committee it was a permanent committee and should be handled as such. Councilman Hickman commented they would need guidance in the beginning and suggested the commission select their own Chairman after one year. Mayor Buckley indicated the point was to help get things started. Councilman Magee mentioned the membership issue, he requested adding, appointees shall be subject to a background check administered by the Lake Elsinore Police Department and approved by the City Council. 34. Mayor's Committee /Country Club Heights. Mayor Buckley commented that the February 19, 2004, Study Session for Country Club Heights went extremely well with a turnout of 219 property owners and residents of the Country Club Heights area. PAGE TWELVE -STUDY SESSION -MARCH 9, 2004 Mayor Pro Tern Kelley indicated due to the complexity of the issues in the area, she would suggest involving the same consultants since they have already studied the area. Councilman Schiffner commented that Council needed to establish what they wanted the committee to do. He further commented that Council should ask the committee what they wanted to accomplish, not how it was done; and bring it back to Council, then Staff and consultants could put together a plan that would accomplish what the residents and land owners in that area wanted. City Manager Watenpaugh indicated that Council needed to set tasks and review and extend if they wished, but Council needed to give the committee that guidance. 35. Draft Goals for City Manager. City Manager Watenpaugh indicated that he had redone the form and it was pointed out to him when he had asked Staff to retype the goals, Staff pulled one extra paragraph; he put that extra paragraph back in. He further indicated that it was a combination of Council preamble and Councilman Magee's post statement. He distributed the information to Council. Councilman Magee indicated that at some point the paragraph needed to be read into the record. 36. Status Report- Western Riverside County MSHCP. City Attorney Leibold commented that she would be giving a verbal report. She indicated there was some new information and preferred to give the report at the 7:00 p.m. Council Meeting. She noted that the City of Lake Elsinore Representative (Councilman Schiffner) was denied a vote at the RCA meeting held the day before. Councilman Schiffner confirmed he was denied the right to vote. He indicated that particular board was the board which made the decision in PAGE THIRTEEN -STUDY SESSION -MARCH 9, 2004 accepting the City's exception to the MSHCP. He indicated they had not given it any consideration and had not answered any correspondence from the City. He noted that the City was considered nonconforming at this time. Councilman Magee inquired if all members of the Board of Supervisors were at the meeting. Councilman Schiffner confirmed they were all present. REDEVELOPMENT AGENCY Chairman Hickman gave an overview of the RDA Agenda. Legal Counsel Leibold indicated there was one item of Closed Session, Real Property Negotiations for the Stadium. Consent Calendar No comments. BUSINESS ITEMS No comments. ADJOURNMENT THE JOINT CITY COUNCIL/REDEVELOPMENT AGENCY MEETING WAS ADJOURNED AT 5:15 P.M. THOMAS BUC)KLEY, MAYOR CITY OF LAKE ELSINORE PAGE FOURTEEN -STUDY SESSION -MARCH 9, 2004 ARYL HICKMAN, CHAIRMAN REDEVELOPMENT AGENCY Respectfully submitted, mac/ Frederick R y, Deputy City Clerk T: 7 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, MARCH 9, 2004 ................................................ ..............................I CALL TO ORDER The Regular Redevelopment Agency Meeting was called to order by Chairman Hickman at 5:16 p.m. ROLL CALL PRESENT: BOARDMEMBERS: BUCKLEY, KELLEY, MAGEE, SCHIFFNER, HICKMAN ABSENT: COUNCILMEMBERS: 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, City Treasurer Weber and Clerk of the Board Kasad 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 Page Two — Redevelopment Agency Minutes — March 9, 2004 Legal Counsel Leibold announced the Closed Session discussion item as listed above. THE REGULAR REDEVELOPMENT AGENCY MEETING WAS RECESSED TO CLOSED SESSION AT 5:18 P.M. The Closed Session discussion was completed at 6:55 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M.) Chairman Hickman reconvened the Regular Redevelopment Agency Meeting in Public Session at 10:01 p.m. ROLL CALL PRESENT: BOARDMEMBERS: ABSENT: COUNCILMEMBERS: BUCKLEY,KELLEY, MAGEE, SCHIFFNER, HICKMAN 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, Engineering Manager Seumalo, Information /Communications Manager Dennis, Planning Manager Villa, Public Works Manager Payne, City Treasurer Weber and Clerk of the Board Kasad CLOSED SESSION REPORT Legal Counsel Leibold announced that the Redevelopment Agency Board met in Closed Session, and while there was no reportable action, there was a draft agreement on which Impact was commented, which would be presented in Closed Session at the next regular meeting. Page Three — Redevelopment Agency Minutes — March 9, 2004 PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE No Comments. CONSENT CALENDAR MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED, WITH THE EXCEPTION THAT BOARDMEMBER BUCKLEY ABSTAINED FROM VOTE IN ITEM NO.4 TO BE CONSISTENT WITH HIS VOTE ON THE CITY COUNCIL AGENDA. The following Minutes were approved: a. Regular Redevelopment Agency Meeting — February 24, 2004. (F:134.3) 2. Ratified the Warrant List for February 26, 2004. (F:12.3) Received and ordered filed the Investment Report for January, 2004. (F:12.5) 4. Concurred with Council Action to approve Tentative Tract Map No. 32008 for the Lakeshore Village Specific Plan. (This item carried by a vote of 4 to 0 with Boardmember Buckley abstaining from vote.) (F:160.2) Concurred with Council Action to approve Tentative Parcel Map No. 31963 for Pasadena Business Park II. (F:110.2) BUSINESS ITEMS None. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES No Comments. Page Four — Redevelopment Agency Minutes — March 9, 2004 EXECUTIVE DIRECTOR COMMENTS No Comments. LEGAL COUNSEL COMMENTS No Comments. BOARDMEMBER COMMENTS No Comments. ADJOURNMENT THE REGULAR REDEVELOPMENT AGENCY MEETING WAS ADJOURNED AT 10:04 P.M. L HICKMAN, CHAIRMAN REDEVELOPMENT AGENCY ATTEST: CKI KASAD, CLERK OF THE BOARD REDEVELOPMENT AGENCY MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY/PUBLIC FINANCE AUTHORITY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 23, 2004 CALL TO ORDER Mayor Buckley called the Joint Study Session to order at 4:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY 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, Parks & Open Space Manager Fazzio and Deputy City Clerk Ray. DISCUSSION ITEMS City Attorney Leibold indicated there was one item for closed session. 1. Real Property Negotiations with properties involved in the Wasson Canyon Investments Agreement; participating parties were Wasson Canyon Investments, Southshore, and City of Lake Elsinore. She indicated that a Special Notice had been issued for 5:00 pm, to discuss Elsinore Christian Center in closed session. PAGE TWO -STUDY SESSION -MARCH 23, 2004 Consent Calendar 1. Minutes — Councilman Hickman commented on Item lb page 16 of 23 that there was a typo. Mayor Buckley commented on Item lc page 32 of 65 item 23 at the bottom of the page to add the statement — "a continuance of this item ". He also indicated there was a typo on page 46 of 65 second paragraph eighth line down. He noted that on page 48 of 65 the first line that he was not questioning if the City was run better than it use to be, the question was, if it was run well enough. 2. Warrant List — Councilman Magee requested clarification for various checks issued from Item No. 2, the Warrant List. Staff clarified the checks in question. Councilman Magee requested clarification on check #77067 Powerland Equipment for $14,990. Lake & Aquatic Resources Director Kilroy explained that was for the mowing of the back basin levee slope. He commented they had problems for years trying to have that mowed and the brush was very heavy. Councilman Magee inquired if the equipment was actually purchased. Mr. Kilroy indicated the equipment was not purchased the fee was just for the mowing on the steep slope. Councilman Schiffner inquired how often that slope would need to be mowed. Mr. Kilroy explained that in the 90's there was difficulty maintaining that slope; and there were bids of over $40,000 to do it by hand. He commented there was test cutting this year to ensure the equipment used would work. City Manager Watenpaugh noted this item was presented to Council at a previous Council Meeting for authorization to fund and contract the item. Mr. Kilroy indicated that it was part of the mid -year budget review. Councilman Hickman requested clarification for various checks issued from Item No. 2, the Warrant List. Staff clarified the checks in question. PAGE THREE -STUDY SESSION -MARCH 9, 2004 Mayor Buckley requested clarification for various checks issued from Item No. 2, the Warrant List. Staff clarified the checks in question. 3. Resolution initiating proceedings and approving the Engineer's Report for the annexation of certain Territory known as the Amended Pepper Grove Tract into the City of Lake Elsinore Landscape and Street Lighting District No. 1, as LLMD Annexation No.2. Administrative Services Director Pressey commented that the developer came in after the Engineer's Report had been published and adjusted the square footage of the Landscaped area that was to be assessed; there were some numbers that had changed. Mr. Pressey offered to read the numbers or provide Council with a revised copy. He noted they were adding 360 sq.ft. at 32 cents a square foot and increased by $300. The first number change was on page 13 of 20 from 22,300 sq.ft. to 22,560 sq.ft. Mayor Buckley inquired if the item needed to be pulled from the consent calendar. City Attorney Leibold explained that the change could be noted in the motion on consent, but it did not need to be pulled. 4. Resolution of Intention to Establish CFD No. 2004 -1 (City Center Townhomes). Councilman Hickman requested clarification that they were asking for a $5 million CFD. Administrative Services Director Pressey explained that it was not to exceed $5 million. Mayor Buckley requested clarification that it was for phase 1 and 2. Mr. Pressey confirmed that it was for phase 1 and 2. Councilman Hickman suggested a $ 2 million CFD. Mr. Pressey commented that the $5 million gave "wiggle" room. Mr. Pressey indicated that it would be issued for $2 million, but the not to exceed amount was normally rounded a lot higher than was actually needed. Councilman Magee indicated that Phase 1 had been approved and Phase 2 was going before Council that evening and also the CFD, it seemed as PAGE FOUR -STUDY SESSION -MARCH 23, 2004 though Council and Staff was handling this project different than Laing Homes and requested clarification as to why. He was told that policy was the CFD could go first and he was more comfortable with items coming either at the same time or land use decisions being made before those types of decisions were made. City Manager Watenpaugh indicated that there was discussion about possibly pulling this item and bringing it all back at one time. The intent was partly because the developer apparently was moving to finance and sell the project. Councilman Magee reiterated that he needed clarification as to why this project was being handled differently than Laing two weeks ago. Administrative Services Director Pressey explained that two weeks ago for Laing Homes it was a Deposit and Reimbursement Agreement; the developer provided $50,000 towards the cost of researching the feasibility. He explained for the City Center Townhomes Project that was approved by Council around the beginning of February, 2004. Councilman Magee noted according to the staff report it was January, 2004, but Phase 1 of this project would have been approved before January, 2004. Mr. Pressey confirmed. Councilman Magee reiterated the land use approval came first before any action on the CFD. City Manager Watenpaugh commented that part of that was driven by the developer. Councilman Magee explained that he brought up the issue because two weeks ago he was told there was a specific policy. City Attorney Leibold explained the policy as she recalled dealt with CFD's and what needed to be in place prior to bonds being issued and the maximum amount of the special tax. 5. CEQA Compliance Documents. Councilman Magee commented that Albert Webb & Associates had an outstanding reputation in the County. City Manager Watenpaugh commented that the normal process was that staff went ahead and brought in a consultant, but due to the amount of money and the questions in terms of spending, staff thought it was important to bring it forward to Council to review. Councilman Magee inquired about the time schedule and if the process had already started. Community Development Director Brady commented that PAGE FIVE -STUDY SESSION -MARCH 23, 2004 since it was a cost recovery, the City controlled it rather than having the applicant control the consultant to prepare the environmental document, which was a City document and they then deposited the money with the City and the City reviews and controls the documents. He noted under the new policy staff brought it back to the City Council for approval due to the amount, so the schedule would be revised. 6. Assignment and Assumption of Development Agreement from Como at Tuscany Hills Corporation to Pulte Home Corporation. Councilman Magee commented that there was a typographical error in the staff report regarding the tract number. PUBLIC HEARING 21. General Plan Amendment No. 2003 -03 Mayor Buckley commented he was driving by the townhomes built near the Lowe's in Murrieta and indicated that they were on top of each other. Mayor Pro Tern Kelley commented that they were originally supposed to had been apartments that turned into townhomes, so basically you really have an apartment product. She also commented that across the freeway in Murrieta some of the others were built specifically for condos and the layout was different. Community Development Director Brady commented that the topography variation on the site would also break up the clustering effect. Councilman Hickman inquired if the City charged on the formula for low and moderate income houses. City Attorney Leibold explained that redevelopment law required the Agency to produce affordable housing within the redevelopment project area boundaries equal to 15% of all newly constructed dwelling units. It did not mean that each project had to put 15% aside. She noted what she had encouraged and worked with the Community Development Department to do was for residential projects that were within redevelopment project area boundaries to include a requirement so there was a fair share of participation being contributed to the Agency for low and moderate income housing fund. Councilman Hickman inquired about the PAGE SIX -STUDY SESSION -MARCH 23,2004 $1.30 per square foot. City Attorney Leibold explained it was a negotiated number, because there was no City Ordinance at this time to address the issue. Councilman Hickman suggested something more standardized. City Attorney Leibold concurred. BUSINESS ITEMS 31. Second Reading- Ordinance No. 1116 — Public Safety Advisory Commission. Councilman Magee noted there was a typographical error under Section 2.46.030 last sentence. He indicated there was an issue with the language in 2.46.040 and 2.46.050 relative to the term of office and deferred to City Attorney Leibold. City Attorney Leibold indicated staff needed clarification, the item as it was presented in the agenda packet provided for the Mayor to designate the initial Chairman and Vice Chairman and the terms would run through July 1, 2005; through discussion at the Council Meeting the provision in 2.46.040 was revised so the Mayor was selecting only the initial Chairman and the Vice Chair would be selected from a majority of the membership of the Commission. She believed what the Council intended was the office of the initial Chair would run through December 31, 2004, but what they failed to do when making the revision to 2.46.040 was to pick up the revision necessary in 2.46.050 for it to make sense. Councilman Schiffner indicated that there was a paragraph that was left out indicating they would make their recommendations in writing to the City Council. Mayor Buckley noted that 2.46.060 E, stated the Commission should report to the Council on a regular basis. Councilman Schiffner indicated that was the only part that indicated the Council was involved. He commented any report the Commission had should come to the Council. Section E. only stated they would report to Council on a regular basis. Councilman Magee suggested including: The Commission may report to Council at any time, but not less than once per quarter. Councilman Schiffner agreed with including the statement. PAGE SEVEN -STUDY SESSION -MARCH 23, 2004 32. Acceptance of Planning Commission Resignation -John Barnes. Councilman Magee indicated that he was told last week that Mr. Barnes had already moved out of town and requested clarification. City Manager Watenpaugh commented that he would be a resident until April 7, 2004. Councilman Magee noted Mr. Barnes' letter stated he would continue through the April 6, 2004 Planning Commission Hearing. Councilman Magee commented if he had already moved, he did not feel it was appropriate for Mr. Barnes to be a Commissioner for a vote on anything; and he was told last night the Laing Project would be on the April 6, 2004, agenda. Community Development Director Brady indicated Mr. Barnes was in City Hall earlier and he understood Mr. Barnes to still be living at his home. He noted Mr. Barnes had been one of the most ethical and outstanding Commissioners and did not think he would sit on a Commission if he was not still living in the City. Mayor Pro Tern Kelley commented that the letter indicated "as of April 9, 2004 ". 33. Ordinance No. 1118 - Amending LEMC Section 6.04.020. Mayor Buckley indicated there was a representative from Animal Friends of the Valley that would like to speak on the item. Anne Washington, Animal Friends of the Valley, indicated that they were requesting the Council increase the dog license by five dollars. She noted during meeting that was held between the four cities it was suggested that all the cities had the same fee structures for their licenses. The City of Lake Elsinore was the schedule they chose to follow with the exception that the altered animal license be raised from ten dollars to fifteen dollars for one year. She noted from January until now the City would have had an increase of $8,500 in revenue; the revenue offsets the dollar amount the City pays for animal services. Councilman Schiffner inquired about the fees for seniors. Mrs. Washington noted the fee for seniors would not change. PAGE EIGHT -STUDY SESSION -MARCH 23, 2004 34. Ten Year Extension for Tree Trimming Agreement. Councilman Hickman inquired about the ten year extension. Parks & Open Space Manager Fazzio explained that the City would be able to keep the prices for ten years with no increase at $41.00 per tree. City Manager Watenpaugh noted page 7 of 13 Item 11, gave the City the opportunity to terminate if they were not meeting the needs and the contract would come back annually for Council review. Councilman Magee requested clarification that the contract could be cancelled by the City Manager or majority of the Council at anytime. Mr. Fazzio confirmed. Councilman Magee clarified that work was going to be authorized by staff, budget approved by Council annually and an annual review of the performance. City Manager Watenpaugh confirmed. 35. Records Access /Copy Expense. No comments. 36. Memorial Honoring Bill "Whiskers" Tucker. City Manager Watenpaugh indicated the family should be attending the evening Council Meeting. He indicated that the Council had not decided what type of memorial. Mayor Buckley inquired if the family wanted the Cove or the Beach. City Manager Watenpaugh indicated that staff had not discussed the issue with the family, they had requested in the petition the north fishing beach. City Manager Watenpaugh suggested a bronze plaque similar to the one given to Mr. Vasquez. Councilman Schiffner suggested including a small catfish head on the plaque, since Mr. Tucker received so much prominence from that. Councilman Magee suggested clearing that idea with the family so as not to offend anyone. PAGE NINE -STUDY SESSION -MARCH 23, 2004 Councilman Hickman suggested putting the memorial plaque in the park where the City had more control to prevent graffiti. Councilman Magee reiterated the family requested the location. 37. Amendment to Land Development Agreement, Temporary Land Transfer Agreement and Irrevocable Escrow Instructions with Wasson Canyon Investments, L.P. City Attorney Leibold indicated that this was the agreement Council approved in November that was discussed under real property negotiations in the past couple of meetings. She noted this was one of the last troubled CFD's and the temporary transfer of the title to the City to allow the County to release certain property tax, penalties and interest and the security of the City to ensure it was paid under the terms of the agreement. 38. Lake Elsinore Management Plan. City Manager Watenpaugh indicated he had a written request from John Laing Homes to have the item deferred and brought back at the time Council reviewed the entire project. Michael Filler, John Laing Homes, indicated that they had worked out some mitigation measures to modify the existing permit and reissue the permit. The Army Corps of Engineers requested the three copermitees be on the same page with the items per the mitigation plan and that was the purpose for the request that letters were sent out. 39. Multi- Species Habitat Conservation Plan Update. Mayor Buckley commented on April 12, 2004 at 2 p.m. at the County Counsel's Office they were making two Supervisors and their staff available to meet with himself, Councilman Schiffner and Staff. He indicated that the first letter page 5 of 35 of the staff report second paragraph second sentence he wanted out of the letter. City Attorney Leibold noted that the following sentence would not coincide with the letter. Mayor Buckley continued to the second letter page 35 of 35 of the staff report second paragraph, third line PAGE TEN -STUDY SESSION -MARCH 23, 2004 would need to be removed. He also indicated that in the fifth paragraph, last sentence needed to be reworded. Councilman Schiffher indicated that the last meeting the RCA had they violated the Brown Act by making changes in their direction after the meeting and included it on the next agenda; and noted he was not happy with the way they were doing things. Councilman Magee indicated that the development community had a problem now that the City Council approved the MSHCP. He noted for two months the County had done nothing and ignored the City of Lake Elsinore. He commented that the reason Supervisor Tavaglione and Supervisor Ashley were involved was due to lack of assistance from the First District. He commented Mr. Sauls who represented 15 developers in the area could not move forward. He indicated the County stated they would help calculate and move forward and for two months had done nothing and told our City Attorney they were not going to do anything. He noted the City was now in a tight spot along with Mr. Sauls and his clients and City staff. He commented the Council needed to provide direction. Councilman Schiffner commented that the County indicated to him they had no intentions of answering the City; it was not their job anymore. City Manager Watenpaugh clarified that was told to the RCA Board. Councilman Schiffner indicated that at the last meeting Supervisor Buster made a motion to have the issue put on next month's agenda. REDEVELOPMENT AGENCY Chairman Hickman gave an overview of the RDA Agenda. Legal Counsel Leibold indicated there was one item of Closed Session, Real Property Negotiations for the Stadium. Consent Calendar No comments. PAGE ELEVEN -STUDY SESSION -MARCH 23, 2004 BUSINESS ITEMS No comments. PUBLIC FINANCE AUTHORITY Chairman Magee gave an overview of the PFA Agenda. Consent Calendar No comments. ADJOURNMENT THE JOINT CITY COUNCIL/REDEVELOPMENT AGENCY/PUBLIC FINANCE AUTHORITY MEETING WAS ADJOURNED AT 5:30 P.M. ,MAYOR CITY OF ?ARYL HICKMAN, CHAIRMAN REDEVELOPMENT AGENCY PAGE TWELVE -STUDY SESSION -MARCH 23, 2004 Respectfully submitted, Frederick Ray, Deputy City Clerk 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, MARCH 23, 2004 CALL TO ORDER The Regular Redevelopment Agency Meeting was called to order by Chairman Hickman at 5:40 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, Information/ Communications Manager Dennis, Parks & Open Space Manager Fazzio, Recreation and Tourism Manager Fazzio, City Treasurer Weber and Clerk of the Board Kasad. CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code § 54965.8) (17:40.1)(X:134.10) Property: A.P.N. 373-210-040 & 371-030-021 (Lake Elsinore Diamond Stadium and parking lot) Negotiating Parties: Impact Stadium L.L.C. and The Redevelopment Agency of the City of Lake Elsinore Under Negotiation: Price and Terms Page Two — Redevelopment Agency Minutes — March 23, 2004 Legal Counsel Leibold announced the Closed Session discussion item as listed above. THE REGULAR REDEVELOPMENT AGENCY MEETING WAS RECESSED TO CLOSED SESSION AT 5:41 P.M. The Closed Session discussion was completed at 6:50 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M.) Chairman Hickman reconvened the Regular Redevelopment Agency Meeting in public session at 9:40 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, Fire Chief Gallegos, Lake /Aquatic Resources Director Kilroy, Police Chief Walsh, Engineering Manager Seumalo, Information/ Communications Manager Dennis, Parks & Open Space Manager Fazzio, Recreation and Tourism Manager Fazzio, City Treasurer Weber and Clerk of the Board Kasad. CLOSED SESSION REPORT Legal Counsel Leibold reported that the Redevelopment Agency Board met in Closed Session as listed on the agenda, with no reportable action. Page Three — Redevelopment Agency Minutes — March 23, 2004 PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE No Comments. CONSENT CALENDAR The following item was pulled from the Consent Calendar for further discussion and consideration: Item No. 4. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: a. Regular Redevelopment Agency Meeting — March 9, 2004. (F:134.3) 2. Ratified Warrant List for March 15, 2004. (F:12.3) Concurred with Council Action to Approve General Plan Amendment No. 2003 -03, Zone Change No. 2003 -02, Tentative Condominium Map No. 31532, Residential Design Review No. R 2003 -15 and Mitigated Negative Declaration No. 2004 -01 for the "Lake Elsinore City Center Townhomes" Phase II which was continued from March 9, 2004. (F:83.2) ITEM PULLED FROM THE CONSENT CALENDAR 4. Affordable Housing Fee ee Agreement.(F:134.7) Chairman Hickman noted that this item would work toward a program for the Redevelopment Project Areas to provide for consistency among the areas. Legal Counsel Leibold indicated that she would prepare that item for consideration. MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY Page Four — Redevelopment Agency Minutes — March 23, 2004 UNANIMOUS VOTE TO APPROVE THE AFFORDABLE HOUSING FEE AGREEMENT BETWEEN THE OAK GROVE EQUITIES II AND THE REDEVELOPMENT AGENCY. BUSINESS ITEMS None. 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 9:41 P.M. A TEST: DARYL HICKMAN, CHAIRMAN REDEVELOPMENT AGENCY VICKI KA AD, CMC, CLERK OF THE BOARD REDEVELOPMENT AGENCY MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY /PUBLIC FINANCE AUTHORITY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 13, 2004 CALL TO ORDER Mayor Pro Tem Kelley called the Joint Study Session to order at 4:10 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, ABSENT: COUNCILMEMBERS: BUCKLEY (Mayor Buckley arrived at 4:40 p.m.) 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, Public Works Manager Payne, Recreation/Tourism Manager Fazzio, Parks & Open Space Manager Fazzio and Deputy City Clerk Ray. DISCUSSION ITEMS City Attorney Leibold indicated there was one item for closed session. 1. Conference with Legal Counsel - Anticipated litigation (1 case). PAGE TWO -STUDY SESSION -APRIL 13, 2004 Presentations /Ceremonials City Manager Watenpaugh noted that the Mayor would also be presenting Sav- On Drug Store with Business of the Quarter. Councilman Magee inquired on the Economic Development Presentation. City Manager Watenpaugh explained that the Riverside County Economic Development Agency took over sponsorship from the Riverside County School District and was going to give a brief presentation of the types of services and programs they offer. Community Services Director Sapp noted Jerry Craig would be present for the presentation. Consent Calendar Minutes — Councilman Hickman inquired if the RDA received the Lehr Option. He indicated he had requested it be given to the RDA Committee. City Manager Watenpaugh explained the RDA did not hold the option with the Lehr's. City Attorney Leibold explained that the Agency had no contractual interest in the Lehr agreement at this point. Councilman Hickman inquired on item If page 60 of 69 last paragraph, he suggested using "bored" instead of "awed ". Councilman Magee indicated on item lc page 6 of 54 there was a typo. He also indicated item I page 2 of 14 there was discussion regarding the Molendyk check and the minutes reflected that a copy of the check was provided for individuals that requested a copy. He commented to the best of his knowledge, no one received a copy of that check; he understood PAGE THREE -STUDY SESSION -APRIL 13, 2004 the minutes reflected what was said at that time, but indicated he had not received a copy of the check. City Manager Watenpaugh indicated that in talking with Finance Manager Magee, a copy of the check was made before it was deposited and given to Edith Stafford; once the check was deposited staff did not have a copy. He noted there was no copy of the check at City Hall, but he could provide Councilman Magee with a copy of everything that staff had regarding the deposit; he reiterated there was no copy of the actual check at City Hall. Councilman Magee noted there was a typo on item 1 f page 65 of 69. 2. Warrant List — Councilman Magee requested clarification for various checks issued from Item No. 2, the Warrant List. Staff clarified the checks in question. Councilman Hickman requested clarification for various checks issued from Item No. 2, the Warrant List. Staff clarified the checks in question. 3. Proclamation -Crime Victims' Week. No comments. 4. Claim against the City. No comments. 5. CFD for City Center Townhomes Phase II. No comments. 6. CEQA compliance documents for Home Depot. Councilman Magee inquired if staff policy or procedure was to allow the developer to select their own environmental consultant; and then the City PAGE FOUR -STUDY SESSION -APRIL 13, 2004 issue the request for proposal and review that company's response or did the City have a list of preferred vendors. City Manager Watenpaugh explained that through Duane Morita, contract Environmental Coordinator, HDR had done most of the City in house work as a contractor. The applicant paid the fee and staff was in control as opposed to having the developer actually use their own environmental specialist. Community Development Director Brady commented that the applicant might have someone review the report. Councilman Magee clarified that on any particular project, Mr. Morita selected based on his experience; which consultant was appropriate for this particular type of project and then he request they prepare a proposal and if he deemed it acceptable it then came to Council for approval. Community Development Director Brady confirmed that was basically correct. Councilman Magee indicated that he had reviewed Mr. Morita's contract and it seemed as though the City had placed a lot of authority; and felt that was something Council and staff might want to review again. He indicated that he preferred to keep the money in the City or in Riverside County before sending opportunities to other Counties. Community Development Director Brady clarified that it was other City staff as well, Mr. Morita did not make the sole decision. Councilman Magee indicated his contract stated he was responsible for it and there was no listing of oversight. Community Development Director Brady indicated that ultimately he was responsible since it would come through his department. PAGE FIVE -STUDY SESSION -APRIL 13, 2004 City Manager Watenpaugh indicated that extra steps would be added to give that control. 7. Amendment to the License Agreement of the Old Library Building. Mayor Pro Tem Kelley inquired if it would be the same program or if there were changes. City Manager Watenpaugh explained the School District dropped their sponsorship of the program and Riverside County EDA took it over. Councilman Magee inquired if staff had inspected the facility and if they were in compliance. Community Services Director Sapp confirmed. 8. Deposit & Reimbursement Agreement between the City and Corman Leigh. Councilman Hickman inquired what the dollar amount was on their CFD. Administrative Services Director Pressey indicated it was $5 million. Councilman Hickman inquired if this had anything to do with dollars to come back for the RDA. City Attorney Leibold indicated that she would need to do some research. PUBLIC HEARING 21. Design Review of Canyon Hills Fire Station. No comments. PAGE SIX -STUDY SESSION -APRIL 13, 2004 22. Resolution for LLMD No. 1 as Annexation Area No. 2. No comments. 23. Consideration of objections to the City's Weed Abatement Program. Mayor Pro Tern Kelley indicated that she received an email from a property owner which she had given to the City Manager to handle. City Manager Watenpaugh commented that he had spoken with that property owner and her property was located behind City Hall; her concern was whether or not she could get the property abated by the deadline. He noted she was going to call him tomorrow. 31. Second Reading - Ordinance No. 1117 — Zone Change No. 2003 -02 Daigle Homes. No comments. 32. Second Reading - Ordinance No. 1118 - Animal Control Fee Schedule. No comments. 33. Industrial Project No. 2003- 06 - "D &D Cattle Industrial ". No comments. 34. Nuisance Abatement Hearing Board. Councilman Magee indicated that there was a typo in the staff report. He commented City Clerk Kasad took care of his other questions earlier. 35. Easement and Public Park Improvement Agreement. PAGE SEVEN -STUDY SESSION -APRIL 13, 2004 Mayor Pro Tem Kelley indicated that there was no design in the staff report. City Manager Watenpaugh explained that there was not an actual design of the park completed and approved at this time. Community Services Director Sapp explained that it was part of the park plan which would be reviewed by staff. Mayor Pro Tem Kelley inquired if they would be required to put in play equipment. Mr. Sapp explained that it would be based on the evaluation of the property, as far as what the financial investment would be in the property. Mayor Pro Tem Kelley indicated that there was a lot of interest in that community. Councilman Magee indicated that there was no deadline for the Water District. He commented. he was not comfortable with no deadline, and suggested a deadline of February 1, 2005. City Manager Watenpaugh commented that staff would send the report back with the suggested modifications. 36. City Hall Remodel. Councilman Hickman inquired if there was a deadline. City Manager Watenpaugh indicated that if Council wanted to give a 6 month deadline that was fine, but the project should be done earlier than 6 months. He noted that the vendors had not given him a timeline yet, but his anticipation was to have this project completed before his goals and objectives were due. PAGE EIGHT -STUDY SESSION -APRIL 13, 2004 Councilman Magee commented that the cost had gone up significantly. Councilman Magee suggested an oval conference table in the new Council Office. Mayor Buckley arrived at 4:40 p.m. City Treasurer Weber commented that the cost to have the wall removed to extend the counter top was expensive. 37. Amendment to Land Development Agreement with South Shore Properties. No comments. 38. Electoral Reform Committee. Mayor Buckley indicated that he would like the committee to look at this in a short time frame, possibly within three months and report back to Council. Councilman Magee requested that the committee receive input from the Registrar of Voters Office in terms of cost and their work load. He also requested the committee review the election of the Treasurer; whether or not to continue with an elected Treasurer position. 39. LEAPS City Attorney Leibold explained that the City Attorney's Office needed direction as to whether or not the Council wanted her office to assist the City staff in preparing a response to the application prior to the expiration of the comment period; and for the Council to understand that direction would involve a considerable amount of time and resources from her office and staff as well. Mayor Pro Tern Kelley indicated that she had read the City Attorney's email and was going to request to have the item pulled. PAGE NINE -STUDY SESSION -APRIL 13, 2004 City Attorney Leibold commented that the public item was to provide them with some direction to prepare comments to present to Council prior to the expiration of the comment period. Comments were due May 11, 2004. City Attorney Leibold indicated that at this point there was nothing about the LEAPS Project that would provide them an opportunity to discuss the issue in closed session. She indicated that she could provide Council with what her office and staff believed the appropriate comments would be. Councilman Schiffner commented that the City Council needed to respond. City Attorney Leibold indicated that it had potentially significant impacts on the Lake. She noted the Council and staff had worked hard to preserve and enhance the Lake as part of the community, and the City should be a participant in this process. Councilman Schiffner commented that almost anything to do with the Lake when the story is heard from the Water District, was like the Council did not exist. City Attorney Leibold indicated that at this point the proceedings suggested exactly that. REDEVELOPMENT AGENCY Chairman Hickman gave an overview of the RDA Agenda. Legal Counsel Leibold indicated there was one item of Closed Session, Real Property Negotiations for the Stadium. Consent Calendar No comments. No comments. PAGE TEN -STUDY SESSION -APRIL 13, 2004 PUBLIC FINANCE AUTHORITY Chairman Magee,gave an overview of the PFA Agenda. Consent Calendar No comments. ADJOURNMENT THE JOINT CITY COUNCIL/REDEVELOPMENT AGENCY/PUBLIC FINANCE AUTHORITY MEETING WAS ADJOURNED AT 5:00 P.M. THOMAS BUEY, MAYOR CITY OF LAKE ELSINORE [AIRMAN REDEVELOPMENT AGENCY /,6 R. E. MAGEE, PUBLIC FINA AUTHORITY PAGE ELEVEN -STUDY SESSION -APRIL 13, 2004 Respectfully submitted, rederick Ra , eputy City Clerk AT ST: VICKI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE 1►yMNL11L -M-1 REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA Thursday, April 8, 2004 CALL TO ORDER The Redevelopment Agency Study Session was called to order by Chairman Hickman at 4:20 p.m. ROLL CALL PRESENT: BOARDMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, HICKMAN COMMITTEE MEMBERS: CROWE, HEWISON, McCANN, RYAN, WILSEY ABSENT: BOARDMEMBERS: BUCKLEY, MAGEE (Boardmember Buckley arrived at 4:25 p.m.) COMMITTEE MEMBERS: NONE Also present were: Executive Director Watenpaugh, Assistant Executive Director Best, Assistant Legal Counsel McClendon, Administrative Services Director Pressey, Information /Communications Manager Dennis, Public Works Manager Payne, and Clerk of the Board Kasad. DISCUSSION ITEM Joint Discussion with RDA Task Force. (F:134.1) Page Two — Redevelopment Agency Study Session — April 8, 2004 Chairman Hickman requested introductions by the Task Force. The Task Force did self introductions. Executive Director Watenpaugh deferred to Assistant Executive Director Best for an overview. Assistant Executive Director Best noted that the Committee had gone through a long review and information gaining process regarding the Redevelopment Agency and the purposes of Redevelopment, noting the goals of the Task Force. She noted that the Committee had changed with the election of Mr. Magee to the Council, and his replacement by Ron Hewison. She indicated that a variety of topics had been reviewed relative to the goals and objectives and congratulated the Committee members on their efforts. She thanked the Committee members for their commitment and work on behalfof the City and community. Committee Chairman Ryan indicated that they took the top five goals they were tasked with and developed recommendations, which were not necessarily prioritized. He addressed the first recommendation, with regard to raising the cap in Project Area No. 1. He noted that Project Area No. 1 was the most urgent of the objectives, due to timing to recover the money as quickly as possible. He explained that it was too late to recover the money in 2004, but encouraged action to assure it was recovered for the next fiscal year. He stressed that this needed to be implemented very soon to complete the process by June of the fiscal year, for the tax increment to come back from the County. He indicated that it was a substantial amount of money and up to $2 million could be lost next year. Chairman Hickman inquired when work should start on this project. Mr. Ryan suggested that it start as soon as possible, if there is money available to get the City Attorney involved. He indicated that while he was not sure of the process, there was an outline in the materials presented, including a sample time line. He noted that it could be a lengthy process with a lot of steps involved, and stressed that it was important to start right away. Chairman Hickman commented that the County could come back and take the $3 million, or more away, and questioned the ability to start the process before the budget. Executive Director Watenpaugh indicated that he would need to put it on Page Three — Redevelopment Agency Study Session — April 8, 2004 the Agenda for direction on the 27`h; and noted that he should have cost estimates from the Attorney's office by then. Committee Member Hewison noted that when they met with the City Attorney, they found that there was a slim chance of getting the funds for the current year, as the schedule was very tight. He suggested that it would be worthwhile to get a final determination on the ability to change the cap this year. Executive Director Watenpaugh responded that he spoke with City Attorney Leibold and her general comment on this item was that if it moved forward it should include the tax increment financing and minor cleanups, which would take six or seven months. Assistant Executive Director Best noted that she had heard it could take up to twelve months. Vice Chairman Schiffner inquired if the process was started and not completed this year, if the work would still be effective for next year. Committee Member Hewison commented that there was a long form and a short form, and suggested that doing it piecemeal might get it done earlier. Vice Chairman Schiffner concurred that an absolute legal opinion was needed. Assistant Legal Counsel McClendon indicated that it depended on whether the issues were long form or short form, noting that the short form could be used for language cleanup, etc, but the long form would be triggered by moving the cap. Committee Chairman Ryan indicated that their second recommendation was regarding a public information campaign to be publicized for the benefit of the community; and they felt that it was important for the community to know what redevelopment had done for the City and what it could potentially do. He noted that it was not costing them money, but coming back from the tax increment. He commented that the proposed brochure was drafted as a stand alone item; and indicated that Information/ Communications Manager Dennis had done an outstanding job of putting the brochure together. Chairman Hickman questioned the $70,000 cost factor. Executive Director Watenpaugh indicated that the $70,000 was Page Four — Redevelopment Agency Study Session - April 8, 2004 for the base program. Assistant Executive Director Best added that the flyer itself was much less expensive. Information/Communications Manager Dennis presented a Powerpoint presentation on the public relations goals and recommendation; noting that it had been a pleasure working with the committee. He detailed the overall conclusions, highlighted the public relations goals, provided an overview of the information strategies, including polling, and highlighted the tactics for public relations. He indicated that the brochure was a good place to start and highlighted the components of the brochure, which showed the key messages about redevelopment and highlighted the funding and laws relative to redevelopment. He detailed the project schedule and the estimated budget for the overall campaign. Vice Chairman Schiffner inquired if this was a one year budget. Information/Communications Manager Dennis indicated that the idea was to show it in terms of staff time and efforts, the hard costs for publication, mailing, consultation and production, but did not include staff time, so it could go up or down. Vice Chairman Schiffner indicated that it would require considerable staff time, but the costs might go down in future years. Information/Communications Manager Dennis clarified the start up costs vs. assistance to a future ballot measure, etc. He indicated that they wanted to be realistic that outside help was part of the need; but noted that the Redevelopment Agency had not often gone outside for that type of consultation, but it could be beneficial. Boardmember Buckley noted that the elements were included for the general information campaign, and questioned the square miles on Slide 14 of the presentation. He suggested that the numbers were missing decimal points. Information/Communications Manager Dennis concurred that might be the case. Boardmember Buckley indicated that one goal had to be to honestly explain the past redevelopment agency actions that were perceived as failures. He noted that this meeting was occurring because the Redevelopment Agency had gained a reputation of fascinating practices. Page Five — Redevelopment Agency Study Session — April 8, 2004 He addressed page 20 of the report, and indicated that was about a minimum budget for a general information campaign. He commented that it could be used to provide public education to the voters on ballot issues, and indicated that it was a really good idea. He noted discussions of a whole new logo for the City's re- imaging, and questioned the timing. Executive Director Watenpaugh indicated that he was looking to set a study session to discuss that issue. Boardmember Buckley inquired if the RDA should have a distinct logo, or follow the City format; as this might impact the timing of the campaign. Committee Member Hewison indicated that they were looking to make it a family of documents, with only the banner changing. Boardmember Buckley noted consistency of form, but noted possibly a change in color could show the difference. Committee Member Wilsey noted that was not an aspect that was thoroughly discussed. Boardmember Buckley inquired of the Board how distinct a public image the RDA should have. Committee Chairman Ryan indicated that the RDA should be a little different from the City and noted that there was a lot of confusion about the RDA, with some people thinking it had nothing to do with the City. He noted that people related it to an entirely different organization, outside the City, with the City having limited input. Boardmember Buckley indicated that there should be some consistency in form. Committee Member McCann suggested that a different presentation was probably valuable, but they would want to look at the final decision on the City side to see if it was viable for the Redevelopment Agency. He indicated that he was not sure they wanted to make a formal decision today, but suggested keeping the documents similar with a variation in color or style. Vice Chairman Schiffner indicated that it was worthwhile to think about, but suggested that it was important to first educate the people on what the RDA is. Committee Chairman Ryan indicated that the time line was important depending on what they were trying to affect, being information/education on the cap in Area I, or eminent domain, or the Redevelopment Agency budget. Committee Chairman Ryan commented that Mr. McCann met with Page Six — Redevelopment Agency Study Session — April 8, 2004 representatives from Corona, as they have an extensive education program, due to the reinstatement of eminent domain, and noted a significant change made by their Redevelopment Agency near the 91 freeway. Committee Member McCann indicated that Corona's campaign, as far as eminent domain, included advertising in a defined area within the Grand Avenue circle. He noted that it included the older section of town and they were able to focus their needs on eminent domain and focus the advertising on a specific targeted area. He suggested that, depending on the focus, the approach could be shotgun or specific, depending on the plans. He noted they had identified specific issues in a large general advertising plan. He deferred to Assistant Executive Director Best on the structure used in Corona. Assistant Executive Director Best indicated that the City went through a plan update to include eminent domain in areas not previously included. She advised that it took about 18 months for them to process the long form. She indicated that they used a series of letters to the community members and property owners; and asked members of the public to participate. She explained that they did tours and provided a variety of media based information to implement the review and amendment of the project areas. She noted that in the case of Lake Elsinore, the logos for the City and Redevelopment Agency were currently quite different. Chairman Hickman inquired which was more important the cap or the brochure. The Committee indicated that the cap was the most important factor. Committee Chairman Ryan addressed the third recommendation relating to the budget; and recommended that the funds be repaid to the City on a schedule as proposed. He commented that if there were affordable housing projects, they would be funded by the monies being deposited into the housing funds, and repay the loan from the fund. He indicated that the funds would not necessarily be earmarked for new projects, but any portion of them could be. He suggested that there would be the flexibility to either use them or not for new housing. Committee Member McCann indicated that another concern with the housing fund, was that it could be recaptured by the County, to use for other purposes. He indicated that they suggested splitting the funding to make sure it was clear, and provided the most Page Seven — Redevelopment Agency Study Session — April 8, 2004 opportunity for the use of the funds. Chairman Hickman indicated that he would rather see it for housing than infrastructure, and contrasted that use with the Amber Ridge Sewer. He stressed the need for low income or senior housing, and indicated that he would like to see the committee work with the City to eliminate debt. Vice Chairman Schiffner clarified that they were discussing future income, and noted that the properties the RDA owned would likely be sold, putting a chunk of money into that fund. He noted that the piece he was thinking of might sell for $4 million and he would like to see each agency get half of that money. He noted that the City was behind in low income housing, but he would hate to see the City receive such a small percentage. Committee Member Hewison clarified that the percentages proposed were for use of money from the increment and not from individual land sales. Boardmember Kelley inquired if the Committee had discussed the possibility of low interest loans for rehabilitating buildings or first time buyers; and questioned if the housing credits would apply to rehabilitation. Assistant Legal Counsel McClendon indicated that the statute says "newly constructed or substantially rehabilitated ". Executive Director Watenpaugh questioned the need for some type of covenant, noting that a lot of residences in the downtown area, already meet the price ranges. Assistant Legal Counsel McClendon indicated that there was already a 45 year covenant. Committee Member Hewison indicated that they discussed apartments such as Joy Street and the Bird Tract. Committee Member McCann indicated that their focus was more toward the City needing to be repaid, and there was no payment plan in place. He explained that the intent was to accomplish both by repaying the City and doing some RDA project. He indicated that they did not spend a lot of time deciding what to do with their 70 %, but it might be something they could address later. Chairman Hickman indicated that they had established a foundation to be built on. Boardmember Buckley questioned the debt of the Agency to the City and if there was any thought on defining that debt, or thought that the City should stop charging interest, penalties and fees. Committee Member McCann indicated that they did not get that deep into the matter. He commented that he would be more than willing to have the Committee take on that task and address it. Chairman Hickman Page Eight — Redevelopment Agency Study Session — April 8, 2004 indicated that they should look at the $9 million in debt. Committee Chairman Ryan indicated that they were focusing on affordable housing, but the 70% could be used for anything. He indicated that they did not want to allocate anything directly to affordable housing, but it could be used for that. He noted the need for some flexibility. Committee Member Hewison indicated that in practical terms, the pass -thru would be set aside and they were looking at splitting the surplus on the increment. Committee Chairman Ryan clarified that this would provide unallocated funds to satisfy the debt. Committee Member Crowe noted that although it was not much, it was a concern expressed by most of the Committee that the interest on the debt was breaking the back of the other programs. Vice Chairman Schiffner addressed the debt to the City, and indicated that all of the money would be spent for the benefit of the City and its citizens, and suggested that it might be that the City funds could be used with less restrictions. He noted that they might be used for curbs and sidewalks in an area that might not be addressed by RDA funding. He indicated that he did not see a difference in the money. Chairman Hickman indicated that it did concern him, as in his mind the citizens had not been helped out; and questioned how far behind the City was on the housing requirements. Assistant Legal Counsel McClendon indicated that they believed the way some bond issues were structured, the Agency had borrowed the 20% portion on the refunding and there was an obligation to back fill. He indicated that he believed the number was large and noted some of the tools that could be used, such as a square footage based in -lieu affordable housing fee. He suggested that would go a long way to fulfill the exclusionary housing requirements, and noted that there were several options. Executive Director Watenpaugh indicated that staff could pull those numbers for the staff report to come back on the 27`h. Chairman Hickman indicated that he was concerned that with the new construction, rents were increasing and he was seeing seniors forced out of rentals. He indicated that he would rather see it help the people, than a sidewalk or a curb. He commented that the Agency owned three lots on Franklin and Ellis, which they gave to the developer to build on. Executive Director Watenpaugh clarified that the developer would purchase the lots from the RDA and the City would subsidize each Page Nine — Redevelopment Agency Study Session — April 8, 2004 development for permits and infrastructure. He stressed that was the subsidy, with him purchasing the lots and the City underwriting some of the development costs. He indicated that the City could give the lots away and have someone build on them. Chairman Hickman questioned who held the title to the parcels. Assistant Executive Director Best indicated that the Agency held title to those parcels; and noted that the Committee spent a lot of time on that matter and there were private issues regarding the property. Boardmember Buckley addressed the square footage instead of actual units, noting that he would like to hear if the Board should negotiate project by project, or if there should be a set square footage price. Committee Member Hewison indicated that matter was not discussed as a committee, but he had looked at it. He indicated that in broad terms on the Grape Street project, if one took 15% of the units going in and calculated, it came out to about 10% of what the gross would have been. He indicated that Tuesday night's meeting there was a $700 million project, and the low /moderate requirements were about 300 units. He commented that he felt 15% was $100 million, and detailed the possible breakdown of costs, and indicated that the project came in with about 5% low /moderate housing. Chairman Hickman indicated that it might be something that should be negotiated, but maybe it should be a little higher. He noted that the project did not pay library, TUMF or road fees, so it was a win -win for the developer; and suggested that Laing might defer to the next builder. He addressed the dollars that would be spent in the City, by living here, and indicated that he didn't want to get taken. He suggested that the City was in a position to make some demands, but concurred with Mr. Hewison that the City was getting short changed. Executive Director Watenpaugh indicated that the Board had given the staff direction to come back with a program, since the apartments were the first situation negotiated; so staff would be coming back with a program for Board review. Chairman Hickman indicated that the Planning Commission had eliminated low income homes. Executive Director Watenpaugh clarified that they could eliminate the homes, but the developer would still be required to fund 318 units, per the requirements. Page Ten — Redevelopment Agency Study Session — April 8, 2004 Boardmember Buckley indicated that the issue was with Grape Street, and if they were required to fund construction of the units, but were being charged a reduced rate. He commented that the RDA still had to provide the units and if they were not charged enough they would not have the money to provide the housing. Chairman Hickman indicated that this was a step in the right direction. Vice Chairman Schiffner suggested keeping in mind that the homes were really not very cheap and would not help most of the people in need. He further suggested that people will not want a low income house next door or in their neighborhood, so if the City demands units of any developer, it would seriously affect the sales of the homes. He commented that while he had sympathy, he did not believe anyone would volunteer to have the units next door to them. He indicated that while he had sympathy, he did not believe anyone would volunteer to have the house next door. He stressed that it was not possible to legislate where people are going to live; and if undesirable things are legislated they will seriously impact what happens with the housing. Boardmember Buckley indicated that when the Agency was established it was agreed to legislate; but he had no problem with getting funds to build somewhere else. Executive Director Watenpaugh indicated that everyone agreed, but the key was to put together programs to meet that need. He noted that there might be other programs to follow. He indicated that staff was trying to figure out which steps to take first, since the Board wanted to see that happen. He indicated that the Committee had come a long way. Chairman Hickman indicated that the last thing he wanted to do was to build a future ghetto. Committee Member Crowe indicated that other communities were building the same houses at a reduced value, and they carried that financial arrangement forever, so when people go to sell the houses, they can't sell them for the same price as the neighbors. He questioned the term of that covenant. Assistant Legal Counsel McClendon indicated there was one situation with affordable housing, but the interest was in low and very low income houses. He explained that the subsidy was so the project could not be purchased by the very low income people. Vice Chairman Schiffner noted a discussion with Page Eleven - Redevelopment Agency Study Session — April 8, 2004 a representative from Coronado, where they are building low income apartments by refurbishing and upgrading the area; but he suspected that they would find the same slum they had in the beginning. Committee Chairman Ryan addressed the recommendation no. 4, and noted that this was the most sensitive and spirited of their discussions, which finished yesterday afternoon. He explained the finding and compared it to the Corona situation, noting that if the Agency decides to reinstate eminent domain, the public education program will need to be in place far in advance of the processes beginning. He indicated that originally he was not in favor of eminent domain, but he did not think development could move forward otherwise, due to the City's unique nature as an older city that is a bit chopped up. He indicated that eminent domain would benefit Lake Elsinore more than other cities. Chairman Hickman questioned its use for vacant property and if they were considering its use in Country Club Heights. Committee Member McCann indicated that this item was a volatile topic, but he felt that some owner occupied housing would need to be incorporated. He commented that some areas of the community in 12 to 20 years, will not have changed, but some areas adjacent to commercial areas will need to be addressed. He indicated that eminent domain on houses was topical, so the committee should look at the General Plan and decide where the areas of confrontation were, and check to see if owner occupied housing was preferred. He addressed Project Area 1 and indicated that everyone in the area would have to be notified, so if the areas could be narrowed down, the costs to the City and RDA would be less and limit confusion. He stressed that this would allow the Agency to deal with the people most affected; and suggested that Country Club Heights could be an area. He stressed the need to look at it very closely before making the recommendation. Boardmember Buckley requested clarification that it was possible to address specific neighborhoods rather than the whole area. Committee Member McCann indicated that it could go down to the block unit. Chairman Hickman questioned the life cycle of eminent domain. Assistant Legal Counsel McClendon indicated that it was a twelve year Page Twelve — Redevelopment Agency Study Session — April 8, 2004 term. Vice Chairman Schiffner suggested considering a limitation based on the purpose, such as accumulating small lots into larger lots, without pinning down specific locations. He commented that restricting to purpose would help to prevent some fears. Committee Member McCann indicated that was addressed and when it moved forward it had to include specific areas. He expressed concern with the potential expense of notification and indicated that he didn't want anyone kicked out of their homes. He indicated that eminent domain could be a valuable tool for those property owners as well. Committee Member Hewison noted that Temecula had rehabilitated apartments, but did not use eminent domain. Chairman Hickman addressed eminent domain and suggested trying to force people to clean up their property. Boardmember Kelley indicated that was not the point at all, but rather it was a tool in the tool box and there were areas of the City that would never move forward without it. She stressed the need to do the General Plan Update before specifying areas, and stressed that it was needed in spite of the potential for controversy. She indicated that the last thing she wanted to do was say that they were using it to try to have people clean up their houses. Chairman Hickman clarified his comments. Boardmember Buckley indicated that it was probably good to build from the ground up, with the General Plan or Country Club Heights planning results. He indicated that he was still unsure as to whether to include any occupied housing at all. He questioned the ability to use eminent domain for the purchase of lots for resale to the public. Assistant Legal Counsel McClendon indicated that the RDA eminent domain is completely different. Vice Chairman Schiffner indicated that was a very common use. Boardmember Kelley indicated that eminent domain was something to work with and implement with the General Plan update, but if it is taken with the 20% set aside, it is perfectly logical that using those fees, it would need to include owner occupied homes in the program. She thought that was a really good resource that would be needed as the City tried to update and come into conformance. She noted that the only way to clean up some areas is to raise the areas and start from scratch. She also noted that if there were focuses on different areas and applications, the process would get too Page Thirteen — Redevelopment Agency Study Session — April 8, 2004 bogged down. Chairman Hickman indicated that it was up to the Committee to establish a guideline. Committee Member Wilsey indicated that one thing discussed related to developers of single family residences. She noted that they were more interested in developing if there were residents living in the area and they were part of the project. She explained that the developers under those circumstances felt more confident that work could proceed. Committee Chairman Ryan noted that eminent domain was a process that protected the individual through the court, and it was an expensive process. Vice Chairman Schiffner concurred that it protected the land owner, but noted that there was a considerable difference of opinion on how the land in the back basin should be used; so nothing could be done in that area without eminent domain. Executive Director Watenpaugh requested clarification if the matters about multi - family or single family would require a project area committee. Assistant Legal Counsel McClendon indicated that the potential for displacement of low income residents would trigger the project area committee. Executive Director Watenpaugh noted that the other item in play, was at what point to look at eminent domain, as opposed to doing the education during the General Plan process. He suggested that eminent domain might be pushed off until the education process. Boardmember Kelley concurred that the General Plan had to be done first. Committee Member Crowe noted the concerns with area 1. Boardmember Buckley noted that with regard to the General Plan and Public Information, the Southern California Association of Governments (SCAG) was making huge grants available for General Plan work. Committee Chairman Ryan addressed recommendation no. 5, and reviewed the locations for the best benefit. He noted that there was a list of areas in the City, which could serve as potential areas. He indicated that they were leaving it up to the Board to prioritize the projects as the General Plan and funds were available. Boardmember Kelley noted that she had read the list and was prioritizing the locations in her mind. She agreed that the biggest areas of importance were the lakefront area and beach property, as that would benefit the most people; and the older areas of town that have fallen Page Fourteen — Redevelopment Agency Study Session — April S, 2004 into ruin and need redevelopment. She indicated that rehabilitation and changing densities would go a long way to provide senior and low income housing. She commented that she thought Joy Street was an important area; and noted that funding for some other areas could come from other places. Boardmember Buckley questioned the Bellheumer property location. Committee Member McCann clarified the location. Executive Director Watenpaugh suggested if the other issues were coming back on the 27th, he could give an update on the current activity. Chairman Hickman suggested that Council set its own priorities: and noted that Franklin and Ellis was his. Boardmember Kelley stressed the lakefront/beach improvement, noting that the City has a plan for the area. Executive Director Watenpaugh confirmed that there was a Lake Master Plan for the City portion of the lakefront. Boardmember Kelley noted that it included designs for trails. Executive Director Watenpaugh confirmed and noted that would be part of the General Plan update. He noted that he met with the prior County Supervisor on a Lake Edge Specific Plan, however when the Supervisor changed, the discussions ended. He commented that there were existing designs and standards which could come forward again. Boardmember Buckley questioned the location of the Civic Center site. Committee Chairman Ryan indicated that it would be adjacent to the old Courthouse. Vice Chairman Schiffner indicated that they were all good recommendation, but until there was money and the Agency started to budget, they could not prioritize. He stressed that they were all good ideas. Boardmember Buckley noted the Civic Center possibilities, suggesting that if the City/RDA was able to build it with room for the library, city hall, etc., it would be possible to tap a variety of funds. Assistant Legal Counsel McClendon noted that a prohibition was passed in 1994 to prevent the use of RDA fund to build City Halls. Vice Chairman Schiffner noted that there were still negotiations to try to trade a piece of City property for the courthouse property. Chairman Hickman suggested management's update on the 27th would expedite the consideration. Executive Director Watenpaugh indicated that staff was happy to draft a report for the committee's review and bring it forward to the Board. Chairman Hickman commented that the Committee was doing an excellent Page Fifteen — Redevelopment Agency Study Session — April 8, 2004 job. Committee Chairman Ryan questioned their next task. Chairman Hickman noted that there would be the report on the 27th, followed by a push to work on the cap and the brochure as proposed. He indicated that he would also like them to look at the statement of the redevelopment agency and the balance sheet to see if they can work with the City to allocate a little more money. Executive Director Watenpaugh suggested that staff prepare the draft report, have the committee review it and get formal direction or funding at the meeting on the 27th, before the Committee meets again. He stressed the need for direction and funding to proceed. Chairman Hickman inquired if it would come before the City Council. Executive Director Watenpaugh indicated that the Agency Board could expend the dollars. Assistant Legal Counsel McClendon confirmed. Executive Director Watenpaugh indicated that the Agency Board needed to give formal direction to expend the funds and move forward on the education program. Boardmember Buckley inquired if the Committee's work was complete. Chairman Hickman indicated they were not. Executive Director Watenpaugh indicated that they would proceed if the Board agrees, but they would not go any further until they reviewed a copy of the report and received formal direction by the Board on funding and where to go next. Committee Chairman Ryan inquired if they should be looking at the potential for the tax increment for the coming year. Executive Director Watenpaugh indicated that could be prepared based on the anticipated number of units. Vice Chairman Schiffner indicated that he was convinced that there was a need to move ahead as quickly as possible. Boardmember Schiffner thanked the Committee for their time, work and presentation; and indicated that he was sure the continuation of their work would be of the same quality. Committee Chairman Ryan thanked everyone for their assistance and indicated that it worked very well; and while they had heated discussions, that was the value of their involvement. He indicated that at the end of their meetings they have had spirited discussions, and there is a good mix of people. He noted that Mr. Crowe was awesome and brought them back to Page Sixteen — Redevelopment Agency Study Session — April 8, 2004 the Constitution. He indicated that he likes working with them and City staff had been of great support and assistance, and helped make sense of the options. Chairman Hickman thanked the Committee and noted that they worked well together based on the results. Committee Member Crowe noted that if the Board wanted to move forward with the cap, there would be a need for more direction from the Manager or the Attorney on how to move it ahead quickly. He noted that would be the issue that took the most time. Executive Director Watenpaugh indicated that would be part of the direction requested on the 27th. Committee Member McCann suggested consideration of the issue of the cap, in coordination with adjusting the other project areas and housekeeping issues. He indicated that doing eminent domain at the same time would allow for some cost savings. Boardmember Kelley thanked the Committee for their work. ADJOURNMENT The Redevelopment Agency Study Session was adjourned at 5:55 p.m. L HICKMAN, CHAIRMAN REDEVELOPMENT 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, APRIL 13, 2004 CALL TO ORDER The Regular Redevelopment Agency Meeting was called to order by Chairman Hickman at 11:12 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, Information/ Communications Manager Dennis, Parks & Open Space Manager Fazzio and Clerk of the Board Kasad. CLOSED SESSION None. CLOSED SESSION REPORT No items to report. Page Two — Redevelopment Agency Minutes — April 13, 2004 PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE No Comments. CONSENT CALENDAR MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Joint City Council/Redevelopment Agency Study Session — February 10, 2004. b. Regular Redevelopment Agency Meeting — February 10, 2004. C. Joint City Council/Redevelopment Agency Study Session — March 9, 2004. d. Regular Redevelopment Agency Meeting — March 23, 2004. (F:134.3) 2. Ratified Warrant List for March 31, 2004. (F:12.3) 3. Concurred with Council Action to Approve Industrial Project No. 2003 -06 — "D & D Cattle Industrial" (F:86.2) BUSINESS ITEMS None. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES No Comments. EXECUTIVE DIRECTOR COMMENTS No Comments. Page Three — Redevelopment Agency Minutes — April 13, 2004 LEGAL COUNSEL COMMENTS No Comments. BOARDMEMBER COMMENTS No Comments. ADJOURNMENT THE REGULAR REDEVELOPMENT AGENCY MEETING WAS ADJOURNED AT 11:13 P.M. l DARYL HICKMAN, CHAIRMAN REDEVELOPMENT AGENCY JERK OF THE BOARD REDEVELOPMENT AGENCY MINUTES REGULAR REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 27, 2004 CALL TO ORDER The Regular Redevelopment Agency Meeting was called to order by Chairman Hickman at 5:20 p.m. ROLL CALL PRESENT: ABSENT: BOARDMEMBERS BOARDMEMBERS: BUCKLEY,KELLEY, MAGEE, SCHIFFNER, HICKMAN 1\OXIM 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, Parks & Open Space Manager Fazzio, Public Works Manager Payne, Recreation & Tourism Manager Fazzio, City Treasurer Weber and Clerk of the Board Kasad. CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code 54956.8) (17:40.1)(X:134.10) Property: A.P.N. 373 - 210 -040 & 371 - 030 -021 (Lake Elsinore Diamond Stadium and parking lot) Negotiating Parties: Impact Stadium L.L.C. and the Redevelopment Agency of the City of Lake Elsinore Under Negotiation: Price and Terms. Page Two — Redevelopment Agency Minutes — April 27, 2004 Legal Counsel Leibold announced the Closed Session discussion item as listed above. THE REGULAR REDEVELOPMENT AGENCY MEETING WAS RECESSED TO CLOSED SESSION AT 5:21 P.M. The Closed Session discussion was completed at 6:40 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M.) Chairman Hickman reconvened the Regular Redevelopment Agency meeting in Public Session at 9:50 p.m. ROLL CALL PRESENT: ABSENT: BOARDMEMBERS: BOARDMEMBERS: BUCKLEY, KELLEY, MAGEE, SCHIFFNER, HICKMAN 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, Parks & Open Space Manager Fazzio, Public Works Manager Payne, Recreation & Tourism Manager Fazzio, City Treasurer Weber and Clerk of the Board Kasad. CLOSED SESSION REPORT Legal Counsel Leibold reported that the Redevelopment Agency Board met in Closed Session for discussion of the above listed item. She advised that the Board directed her to complete the negotiations and have a lease document available and noticed for the regular meeting on June 8, 2004. Page Three — Redevelopment Agency Minutes —April 27, 2004 CONSENT CALENDAR MOVED BY BUCKLEY, SECONDED BY KELLEY 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 — March 23, 2004.(F:134.3) b. Joint City Council/Redevelopment Agency Study Session — April 13, 2004. C. Regular Redevelopment Agency Meeting — April 13, 2004. 2. Ratified Warrant List —April 15, 2004. (F:12.3) BUSINESS ITEMS 3. Recommendations from RDA Committee. (F:134.1) Committee Members Ryan, Crowe & Hewison approached the Council. Committee Chairman Ryan detailed the five recommendations as follow: Increase the cap in Project Area #1. He explained that this was a high priority, and a problem if it was not addressed right away. 2. Implementation of a public education program by the Agency. 3. Establish budget ratios for loan repayments. He suggested percentages be allocated to the City loan and to new projects; and placement of new project money through the housing fund to create low and moderate housing for the community. 4. Reimplementation of eminent domain for future development. He explained that the committee recognized that as the City grows, that Page Four — Redevelopment Agency Minutes — April 27, 2004 tool will be necessary for use in development. 5. Establishment of a list of target areas and potential projects. He noted that they felt the Lake was a high priority for the RDA to be involved in. Chairman Hickman thanked the Committee for their work, but noted that their work was not done. He noted the concerns expressed by Mr. Estrada, regarding low income senior citizens housing. He indicated that he would like the task force to continue and lay the foundations for other things. Committee Chairman Ryan indicated that if they are to continue, they would want direction from the Board regarding priorities. He noted that staff was preparing the fiscal impact information for raising the cap in Area #1. He indicated that the other priority was some type of public information program. He commented that he didn't know what money would be available, but if the budget is there, the cap in Area #1 needed to be the priority; with the public information program being the second priority. Boardmember Magee thanked the committee for their work, and concurred that the cap and the education programs were necessities. He indicated that he liked the repayment schedule as well. He noted that he met with Mr. Hewison to review the issues and while he understands the value of reinstating eminent domain, he can't go along with it, particularly for owner- occupied single family homes. He commented that the public involvement efforts were beginning to pay off, as new ideas were brought to the table. He indicated that he would like to see the committee continue their work. Boardmember Kelley thanked the committee for their hard work and efforts, and noted that they were tasked with a lot of items and had done a great job. She concurred with the cap and the public information program; and indicated that with regard to the target projects, she would support the lakefront/beach area as well. She noted that this would have an impact on a greater number of people in the community. She reiterated her thanks to the Page Five — Redevelopment Agency Minutes — April 27, 2004 committee members. Vice Chairman Schiffner thanked the committee and noted the hard work they had completed. He noted that there were a lot more meetings than the Board required of the committee and there was a lot of information provided. He suggested it would be unfair to ask them to continue unless there were additional tasks for them to do. He expressed hopes that they would stick around until the Board came up with additional tasks. Boardmember Buckley indicated that he pretty much agreed with Boardmember Magee; and noted that he was very concerned with eminent domain on owner occupied single family homes. He addressed tasks for the committee and suggested making sure there was a consistent system for determining how much low and moderate housing gets built or a requirement is established for a developer to pay an in -lieu fee. He questioned the legality of requiring that developers receiving RDA assistance follow the conditions, such as working hours or have the money withheld. He questioned the ability to set policy on that issue. Legal Counsel Leibold indicated that if a developer was receiving RDA assistance, the Agency could require that the owner - participant comply with the conditions of approval or the money could be withheld. Boardmember Kelley addressed tasking the committee, and noted that getting through the cap and doing the education were huge projects. Committee Member Crowe concurred that the cap had already run out, and it was important to hurry or another year would be lost. Boardmember Kelley expressed concern with over tasking the committee. Committee Member Crowe indicated that the timing made a difference on how to attack the tasks ahead, but he stressed that it was important to know how the Board wanted them to proceed. He noted that while there are a lot of ways to generate RDA funds, the Agency is not blessed with a lot of funds. He suggested that in spite of limited funding there is a lot that can be done by working with members of the community. He indicated that it was hard to pick just one project, and noted that it was hard to know what the development community would push for first. He commented that it was important to Page Six — Redevelopment Agency Minutes — April 27, 2004 educate the development community. He noted that there were several things on the list that did not seem to be redevelopment projects, such as roads; but there was a need to provide a way to configure land for use by the developer. He indicated that there was also a need to work with the funds to develop infrastructure for low income housing. He stressed the importance of knowing where the Board wants to go on this issue. He reiterated the need to address the cap as quickly as possible. Boardmember Kelley indicated that it would be the Attorney's job to work with the committee. Legal Counsel Leibold clarified that the direction was to initiate proceedings to increase the cap in Area #1, and any other modifications to that plan. Boardmember Buckley indicated that he liked all of the suggestions and staff could proceed; and noted that was why he would like to assign new tasks to the Committee. Chairman Hickman indicated that he was concerned with thanking the Committee and stressing that their work is not done. Vice Chairman Schiffner questioned the time and forum in which the Board would give direction to begin on raising the cap. Legal Counsel Leibold indicated that the Board was at liberty to give direction as it saw fit. MOVED BY SCHIFFNER TO DIRECT LEGAL COUNSEL TO PROCEED WITH THE LEGAL STEPS TO RAISE THE CAP IN AREA #1 AND OTHER AREAS. Legal Counsel Leibold clarified that there was no need to increase the cap in areas two or three, but there were other provisions in the RDA plan for Area #1 that should be updated. Boardmember Buckley indicated that he would second the motion, if it was possible to amend the motion to except 4.e. and further task the committee to embark on a set system of in -lieu funding for low and moderate income housing; as well as developing language for a standard condition of approval for RDA funded projects to lose a portion of their funding. Legal Counsel Leibold questioned if the funds would be withheld until the problem was cured. Vice Chairman Schiffner indicated that he would amend the motion Page Seven — Redevelopment Agency Minutes — April 27, 2004 if the direction to Legal Counsel was priority number one. Boardmember Magee requested an additional task to look at the amount of money the City charges the RDA in interest against the loans. BOARDMEMBER SCHIFFNER AMENDED HIS MOTION AS REQUESTED, BOARDMEMBER BUCKLEY SECONDED THE MOTION. Legal Counsel Leibold noted that there would be other opportunities to discuss the matter, but for clarification she would anticipate the plan amendment would include some eminent domain, unless the Board chose to defer that decision until later. Boardmember Buckley questioned the long term and the amendment process. Legal Counsel Leibold noted that there might be reasons to take the two issues separately, but that could be part of the initial evaluation. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. Chairman Hickman stressed that the Committee's work was not done. Executive Director Watenpaugh suggested asking the Committee to wait for the draft education program before their first meeting. Chairman Hickman asked the Committee about their preference. The Committee Members concurred that they would wait for the draft. ADJOURNMENT THE REDEVELOPMENT AGENCY MEETING WAS ADJOURNED AT 10:10 P.M. [ICKMAN, CHAIRMAN REDEVELOPMENT AGENCY CLERK OF THE BOARD REDEVELOPMENT AGENCY MINUTES REGULAR REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 25, 2004 CALL TO ORDER The Regular Redevelopment Agency Meeting was called to order by Chairman Hickman at 5:00 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, Community Development Director Brady, Community Services Director Sapp, Administrative Services Director Pressey, Director of Lake & Aquatic Resources Kilroy, Information/Communications Manager Dennis, Public Works Manager Payne, Parks & Open Space Manager Fazzio, City Treasurer Weber and Deputy Clerk of the Ray. 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 — May 25, 2004 Legal Counsel 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.) Chairman Hickman reconvened the Regular Redevelopment Agency Meeting in public session at 9:00 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, Community Development Director Brady, Community Services Director Sapp, Administrative Services Director Pressey, Director of Lake & Aquatic Resources Kilroy, Information/Communications Manager Dennis, Public Works Manager Payne, Parks & Open Space Manager Fazzio, City Treasurer Weber and Deputy Clerk of the Ray. 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. She indicated that there was no reportable action at this time. She noted that there was a public notice for a public hearing for Page Three — Redevelopment Agency Minutes — May 25, 2004 Agency Board consideration of a proposed lease with option to purchase scheduled for June 8, 2004. PUBLIC COMMENTS — AGENDIZED ITEMS No comments. CONSENT CALENDAR MOVED BY KELLEY, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: (F:134.3) a. Joint Study Session — April 27, 2004. b. Regular Redevelopment Agency Meeting — April 27, 2004. c. Joint Study Session — May 11, 2004. d. Regular Redevelopment Agency Meeting — May 11, 2004. 2. Ratified the Warrant List of May 14, 2004. 3. Concurred with Council Action to approve Final EIR No. 2004 -03; General Plan Amendment No. 2004 -01; Tentative Parcel Map No. 32369; Commercial Design Review No. 2003 -13; and Conditional Use Permit No(s). 2004 -04 through 2004 -11 and 2004 -17 through 2004 -19. (F:110.2) 4. Concurred with Council Action to approve General Plan Amendment No. 2004 -03; Zone Change No. 2004 -03; Commercial Design Review No. 2004 -01; and Mitigated Negative Declaration No. 2004 -04 for "Lake Chevrolet ". (F:58.2) Concurred with Council Action to approve Mitigated Negative Declaration No. 2004 -03; Specific Plan Amendment No. 93 -3 Page Four — Redevelopment Agency Minutes — May 25, 2004 (Amendment #7), General Plan Amendment No. 2004 -04, Zone Change No. 2004 -05, Industrial Design Review No. 2004 -01, and Conditional Use Permit No. 2004 -02 for "Quality Foam Packaging, Inc. (F:86.2) 6. Approved agreement with HDL Companies, subject to Minor Modifications approved by Legal Counsel, for Professional Services regarding the Redevelopment Agency's Tax Increment Projections. (F: 134.7)(X:134.1) BUSINESS ITEMS None. PUBLIC COMMENTS — NON- AGENDIZED ITEMS — 3 MINUTES No comments. EXECUTIVE DIRECTOR COMMENTS No comments. LEGAL COUNSEL COMMENTS No comments. No comments. DARYL HICKMAN, CHAIRMAN REDEVELOPMENT AGENCY Page Five — Redevelopment Agency Minutes — May 25, 2004 Respectfully submitted, /e' ck Ra , puty Clerk of the Board AT EST: VICKI KA�SAD. CL UK OF THE BOARD REDEVELOPMENT AGENCY MINUTES REGULAR REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JUNE 22, 2004 CALL TO ORDER The Regular Redevelopment Agency Meeting was called to order by Chairman Hickman at 5:22 p.m. ROLL CALL PRESENT: ABSENT: BOARDMEMBERS: BOARDMEMBERS: BUCKLEY,KELLEY, MAGEE, SCHIFFNER, 111 to] C4u /_1101 NONE Also present were: Executive Director Watenpaugh, Assistant Executive Director Best, Assistant Legal Counsel McClendon, Administrative Services Director Pressey, Community Development Director Brady, Lake & Aquatic Resources Director Kilroy, Police Chief Fetherolf, Engineering Manager Seumalo, Parks & Open Space Manager Fazzio, Planning Manager Villa, Public Works Manager Payne, Recreation & Tourism Manager Fazzio, City Treasurer Weber and Clerk of the Board/Human Resources Director Kasad. CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Gov't Code §54946.9) Elsinore Christian Center v. City of Lake Elsinore, Redevelopment Agency of the City of Lake Elsinore (United States District Court Case No. CV 01- 04842). (F:40.1)(X:52.2) Assistant Legal Counsel McClendon announced the Closed Session as listed above. Page Two — Redevelopment Agency Minutes — June 22, 2004 THE REGULAR REDEVELOPMENT AGENCY MEETING WAS RECESSED TO CLOSED SESSION AT 5:25 P.M. The Closed Session discussion was completed at 6:10 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M.) Chairman Hickman reconvened the Regular Redevelopment Agency Meeting in public session at 8:30 p.m. ROLL CALL PRESENT: ABSENT: BOARDMEMBERS: BOARDMEMBERS: BUCKLEY,KELLEY, MAGEE, SCHIFFNER, HICKMAN NONE Also present were: Executive Director Watenpaugh, Assistant Executive Director Best, Assistant Legal Counsel McClendon, Administrative Services Director Pressey, Community Development Director Brady, Fire Chief Gallegos, Lake & Aquatic Resources Director Kilroy, Police Chief Fetherolf Engineering Manager Seumalo, Parks & Open Space Manager Fazzio, Planning Manager Villa, Public Works Manager Payne, Recreation & Tourism Manager Fazzio, City Treasurer Weber and Clerk of the Board/Human Resources Director Kasad. CLOSED SESSION REPORT Assistant Legal Counsel McClendon 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 — June 22, 2004 PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES No Comments. CONSENT CALENDAR The following item was pulled from the Consent Calendar for separate consideration: Item No. 2. MOVED BY BUCKLEY, SECONDED BY KELLEY TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Joint Study Session —May 25, 2004. (F:134.3) ITEM PULLED FROM THE CONSENT CALENDAR 2. Tentative Tract Map 31779 and Tentative Parcel Map No. 31967 — Abbacy Holding Corp. (F:160.2) Boardmember Buckley indicated that he had pulled this item for separate consideration, so the vote could be consistent with the City Council vote. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A VOTE OF 3 TO 2 WITH BOARDMEMBERS BUCKLEY AND MAGEE CASTING THE DISSENTING VOTES TO CONCUR WITH COUNCIL ACTION TO APPROVE TENTATIVE TRACT MAP 31779 AND TENTATIVE PARCEL MAP NO. 31967 FOR ABBACY HOLDING CORP. PUBLIC HEARINGS None. Page Four — Redevelopment Agency Minutes — June 22, 2004 BUSINESS ITEMS None. 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 8:31 P.M. RMAN REDEVELOPMENT 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, JULY 139 2004 CALL TO ORDER The Regular Redevelopment Agency Meeting was called to order by Chairman Hickman at 5:30 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 Fetherolf, Finance Manager Magee, Information /Communications Manager Dennis, Parks & Open Space Manager Fazzio, Public Works Manager Payne, Recreation & Tourism. Manager Fazzio, City Treasurer Weber and Clerk of the Board/Human Resources Director Kasad 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 Stadium L.L.C. and The Redevelopment Agency of the City of Lake Elsinore Under Negotiation: Price and Terms Page Two — Redevelopment Agency Minutes — July 13, 2004 Legal Counsel Leibold announced the Closed Session discussion as listed above. THE REGULAR REDEVELOPMENT AGENCY MEETING WAS RECESSED TO CLOSED SESSION AT 5:31 P.M. RECONVENE IN PUBLIC SESSION (7:00 P.M.) Chairman Hickman reconvened the Regular Redevelopment Agency Meeting in public session at 8:55 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY 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 Fetherolf, Finance Manager Magee, Information /Communications Manager Dennis, City Treasurer Weber, 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 matter as listed on the Agenda, with no reportable action. PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE No Comments. Page Three — Redevelopment Agency Minutes — July 13, 2004 PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES Requests were received to address the following item and deferred to that discussion: Item No. 5 CONSENT CALENDAR MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Regular Redevelopment Agency Meeting — May 25, 2004. (F:134.3) b. Regular Redevelopment Agency Meeting — June 8, 2004. C. Regular Redevelopment Agency Meeting — June 22, 2004. 2. Ratified Warrant List for June 15, 2004. (F:12.3) 3. Concurred with Council Action to Approve the Final Environmental Impact Report No. 2004 -05, State Clearinghouse No. 2004031090; Tentative Parcel Map No. 31983; Commercial Design Review Nos. 2003 -12 and 2004 -05; and Conditional Use Permit Nos. 2003 -17 and 2004 -20 thru 2004 -23 for the Lake Elsinore Square. (F:58.2) PUBLIC HEARINGS None. BUSINESS ITEMS 4. General Fund Advance Payback Plan from the Agency. (F: 134.1)(X:30.1) Page Four — Redevelopment Agency Minutes — July 13, 2004 Administrative Services Director Pressey explained the recommendations from the RDA Committee for the payback plan for the RDA to pay back the General Fund. He explained the outstanding balances for 2003; and detailed the plan proposed by the Committee with an interest rate to be calculated each July for the previous year plus one percent. He noted that the average rate of 1.58% would be 2.58% and the amortization would reflect the payback amount. He explained the reductions this would produce in interest. He advised that the payback would be amortized over the remaining life of the last area to sunset in 2037, with the amortization schedule being recalculated. MOVED BY BUCKLEY, SECONDED BY MAGEE TO APPROVE THE PAYBACK RECOMMENDATIONS AND THANK THE RDA COMMITTEE FOR THEIR WORK. Boardmember Buckley noted that there would now be a process in place for staff to proceed. Boardmember Magee thanked the Committee for a path and roadway to success. MOVED BY SCHIFFNER, AN ALTERNATE MOTION TO APPROVE THE PAYBACK PLAN, BUT NOT PRECLUDE ANY ADDITIONAL PAYMENTS, SUCH AS SALES OF PROPERTY. Chairman Hickman noted that with any windfalls, the RDA could accelerate payments. Administrative Services Director Pressey clarified that the 30% proposed by the RDA Committee would be on top of this payback plan. Chairman Hickman stressed that this was an acknowledgement of the debt and a plan to pay it back. City Treasurer Weber noted that with regard to taking sales from existing RDA properties and putting it against the loans, it was important to look at the loans remaining against the things being sold. He suggested that this was a good plan in the right direction, noting the payment plan and payment amounts. He indicated that everyone was thinking the right way to get rid of debt. Page Five — Redevelopment Agency Minutes — July 13, 2004 Boardmember Kelley requested clarification of the motion. THE ORIGINAL MOTION WAS AMENDED WITH CONSENT OF THE SECOND TO INCLUDE THE ABILITY TO MAKE ADDITIONAL PAYMENTS FOR UNANTICIPATED SOURCES. Mayor Buckley left the meeting at 9:03 p.m. THE MOTION CARRIED BY A VOTE OF 4 TO 0 WITH BOARDMEMBER BUCKLEY ABSENT. 5. Senior Assisted Living Project. (F:134.10)(X:87.1) Frank Estrada, 31036 Nebraska Street, indicated that he was not aware of this Senior Assisted Living project, nor what it would consist of. He expressed fear that there was a misunderstanding of the problems for low income seniors; and suggested that Senior Housing did not necessarily mean low income. He requested a letter of explanation on this project. Chairman Hickman indicated that staff could provide a report, and noted that the facility was for people who needed assistance and nursing care, but it was not for low income housing, Mr. Estrada noted that it could be misinterpreted. He indicated that it was important to make sure correct information was provided to people like himself. Executive Director Watenpaugh concurred that staff could provide a brief presentation, and the applicant was present to explain what was provided. Assistant Executive Director Best noted that there had been some controversy on this project in the discussion earlier today. She advised that this proposal was provided for general information at a study session in May, and the Board requested that the RDA Committee review it. She indicated that the Committee had some financial questions on the financial plan. She explained that this project was a Senior Assisted Living project, located at 138 East Graham, in the center of downtown. She detailed the facility which would include apartments, as well as a care facility. She indicated that all of the units were intended to be low, low to moderate or Page Six — Redevelopment Agency Minutes — July 13, 2004 moderate income standards, but currently they were only moderate, and efforts were underway to address the other levels. She detailed the services to be pr ovided for the seniors including transportation and meals. She indicated that the only requirement would be that they would be at least 62 years of age. She noted that the applicant already had a building permit, with an extension, so if they choose to proceed, they were ready to do so. She advised that staff suggested a presentation and the opportunity to provide a letter of intent in connection with a Small Business Administration loan; and noted that this was required in the loan approval process. She indicated that staff could bring more information to the Committee to help them gain a comfort level with the project. She indicated that it would meet some of the desire and mandates for the Agency. Boardmember Buckley returned to the meeting at 9:08 p.m. Harvey Ryan, Chairman, RDA Committee, indicated that they had looked at this concept and felt it was a great project; however they needed to know a little more. He commented that, in concept, it was an answer to a lot of issues in Lake Elsinore, for low and moderate income housing. He suggested that it was necessary to figure out a way to make this facility work, as the seniors would benefit from it and the RDA would also benefit. He noted that they had questions regarding the business plan and suggested that the Board roll up their sleeves and make it work. He stressed that there was a need to move quickly, since it had already been delayed. He further stressed that the Board needed to try to make this work, and noted that a lot of people had wanted to do things with the RDA, but this was the one applicant going through the processes and making presentations. He suggested making it work quickly. Ron Hewison, RDA Committee, indicated that he was in favor of the project conceptually, but it needed to pencil it out and make sure it works. He stressed the Board's duty to make sure it was fiscally sound. He noted that the Committee did discuss the matter on July 7th and noted the concerns expressed in the Minutes. He indicated that he would recommend moving forward. He indicated that the RDA was looking at a project in Area 1, so Page Seven — Redevelopment Agency Minutes — July 13, 2004 the benefits might not be immediately available. He addressed the discussion of affordable living, and noted that the fees would be $2,700 for a single and $4,500 for a couple. He noted that for a 7,000 square foot building, it was costing over $1 million; and indicated that he had not seen a market analysis on the proposed fees. He commented that the agenda suggested approving $150,000 in financing. He suggested that he should stand up and recommend support of the project, but indicated that it still needed more work. City Treasurer Weber commented that more senior housing was needed and it was good that a citizen came forward wanting to build it, but there was not much known about the family. He suggested that the Board was going to be like a bank, giving out money to people with good ideas, it needed to act like a bank and determine that the project was fiscally sound. He commented on the variance between good and bad developers, and suggested this was just a smaller scale, so it was important to be sure that the person was fiscally responsible. He suggested that a more well thought out business plan was needed. He questioned who was certified to do that, and suggested that the Board should think twice before giving money to the project. He indicated that there should be a plan to get more affordable senior housing. Assistant Executive Director Best indicated that staff supports the City Treasurer's position, so they were recommending support of the Letter of Intent. She noted that they were not looking for a check, but they were interested in pursuing a letter of intent at this time to see and allow for an investigation to make sure it makes financial sense to move forward. MOVED BY BUCKLEY, SECONDED BY KELLEY TO APPROVE A LETTER OF INTENT, AND REQUEST THAT THE RDA COMMITTEE DISCUSS IT AS SOON AFTER THAT AS POSSIBLE. Boardmember Kelley requested clarification from Mr. Bradley, that the applicant had qualified for a SBA Loan for over $900,000. Mr. Bradley explained that the SBA program provides business assistance to business people with cash to obtain a standard business loan. He clarified that the Page Eight — Redevelopment Agency Minutes — July 13, 2004 applicant has a good background, records and a plan. He noted that his bank would be guaranteeing 75% of the loan; and explained the income limits and revenue limits. He stressed that this applicant was within the qualifications, and had a business plan worked on by the SBC. He indicated that the reason they were present was that when they did the debt to value analysis they realized there was not enough cash planned for the project. He further indicated that there was housing assistance money set aside for projects such as this. He advised that the business plan was available and they would be happy to share it with the Committee, Agency Members, City Treasurer or anyone else. Assistant Executive Director Best noted that it had been provided in the packet. Mr. Bradley noted that it was based on cash flow, and the schedule was dependent on rental rates for low, very low and moderate levels. He stressed that the facility was intended for people in need of assistance. He noted that they were working with the City Attorney, but would commit to maintaining the lower levels. Boardmember Kelley addressed the City Attorney regarding the Letter of Intent, and questioned the legal obligation beyond that. Legal Counsel Leibold indicated that as she understood there was general support of the commitment, up to $150,000, subject to final approval with covenants. Boardmember Kelley questioned if there was any legal recourse from that approval. City Attorney Leibold indicated that the Letter of Intent would be clear that there was no formal commitment, until the final documents were approved. Boardmember Magee clarified that staff would be directed to prepare a letter of intent to allow for loan documents to begin processing; with the final package to the RDA Committee before it came back to the RDA Board. Vice Chairman Schiffner indicated that he hated to see the project drag on that long, and suggested that there was not an adequate assurance. Chairman Hickman commented that it had been on the drawing board for five years. Mr. Ryan indicated that the Committee would be willing to meet sooner than Page Nine — Redevelopment Agency Minutes — July 13, 2004 scheduled to accommodate the Board for a decision. He suggested the possibility of meeting next week. Vice Chairman Schiffner stressed that he was concerned about the wasted time. Executive Director Watenpaugh indicated that staff would be happy to work on scheduling a time for the Committee. Chairman Hickman stressed that he wanted the Committee to evaluate both the program and the business plan. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 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 9:25 P.M. D H CKMAN, CHAIRMAN REDEVELOPMENT AGENCY CLERK OF THE BOARD/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE MINUTES REGULAR REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 27, 2004 CALL TO ORDER The Regular Redevelopment Agency Meeting was called to order by Chairman Hickman at 5:40 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, Lake & Aquatic Resources Director Kilroy, Information /Communications Manager Dennis, Parks & Open Space Manager Fazzio, Public Works Manager Payne, Recreation & Tourism Manager Fazzio, and Clerk of the Board/Human Resources Director Kasad. CLOSED SESSION a. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code § 54965.8) (17:40.1)(X:134.10) Property: A.P.N. 373 - 210 -040 & 371 - 030 -021 (Lake Elsinore Diamond Stadium and parking lot) Negotiating Parties: Impact Stadium L.L.C. and The Redevelopment Agency of the City of Lake Elsinore Under Negotiation: Price and Terms Page Two — Redevelopment Agency Minutes — July 27, 2004 Legal Counsel Leibold announced the Closed Session discussion item as listed above. THE REGULAR REDEVELOPMENT AGENCY MEETING WAS TO CLOSED SESSION AT 5:41 P.M. The Closed Session discussion was completed at 6:15 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M.1 Chairman Hickman reconvened the Regular Redevelopment Agency Meeting in public session at 11:26 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, Fire Chief Gallegos, Lake & Aquatic Resources Director Kilroy, Police Chief Fetherolf, Engineering Manager Seumalo, Information /Communications Manager Dennis, Parks & Open Space Manager Fazzio, Planning Manager Villa, Associate Planner Morita, and City Clerk/Human Resources Director Kasad. CLOSED SESSION REPORT Legal Counsel Leibold reported 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 Page Three — Redevelopment Agency Minutes — July 27, 2004 No Comments. PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES No Comments. CONSENT CALENDAR MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. (It was noted that this approval would include the concurrent votes as previously cast regarding Agenda Item No. 4.) 1. Ratified Warrant List for July 15, 2004. (F:12.3) 2. Received & ordered filed the Investment Reports for the following items: a. May, 2004. b. June, 2004. (F:12.5) 3. Adopted Resolution No. 2004 -1, Confirming Fiscal Year 2004 -05 Special Taxes — CFD 90 -2 (Tuscany Hills Public Improvements). (F:22.3) RESOLUTION NO. 2004-1 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). 4. Concurred with City Council vote to Approve the East Lake Specific Plan Amendment No. 6, General Plan Amendment No. 2003 -04, Tentative Tract Map No. 31920, First Amended and Restated Development Agreement, and Supplemental Environmental Impact Report for East Lake Specific Plan Page Four — Redevelopment Agency Minutes — July 27, 2004 Amendment No. 6, subject to modified and additional conditions. The votes on these items were: Supplemental Environmental Impact Report — 3 ayes — Buckley & Hickman casting the dissenting votes. General Plan Amendment — 3 ayes, Buckley & Hickman casting the dissenting votes. Specific Plan Amendment No. 6 — 4 ayes, Buckley casting the dissenting vote. Tentative Tract Map 31920 — 4 ayes, Buckley casting the dissenting vote. First Amended and Restated Development Agreement — 3 ayes, Buckley & Hickman casting the dissenting votes. (F:150.2) PUBLIC HEARINGS None. BUSINESS ITEMS None. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES No Comments. EXECUTIVE DIRECTOR COMMENTS No Comments. Page Five — Redevelopment Agency Minutes — July 27, 2004 LEGAL COUNSEL COMMENTS No Comments. BOARDMEMBER COMMENTS No Comments. ADJOURNMENT THE REGULAR REDEVELOPMENT AGENCY MEETING WAS ADJOURNED AT 11:27 P.M. DARYL HICKMAN, CHAIRMAN REDEVELOPMENT AGENCY CLERK OF THE BOARD/ HUMAN RESOURCES DIRECTOR MINUTES REGULAR REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 10, 2004 CALL TO ORDER The Regular Redevelopment Agency Meeting was called to order by Chairman Hickman at 5:25 p.m. ROLL CALL PRESENT: BOARDMEMBERS: BUCKLEY, MAGEE, SCHIFFNER, HICKMAN ABSENT: BOARDMEMBERS: 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 Fetherolf, Information /Communications Manager Dennis, Public Works Manager Payne, City Treasurer Weber and City Clerk/Human Resources Director Kasad. CLOSED SESSION a. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code § 54965.8) (17:40.1)(X:134.10) Property: A.P.N. 373-210-040 & 371-030-021 (Lake Elsinore Diamond Stadium and parking lot) Negotiating Parties: Impact Stadium L.L.C. and The Redevelopment Agency of the City of Lake Elsinore Under Negotiation: Price and Terms Page Two — Redevelopment Agency Minutes — August 10, 2004 City Attorney Leibold announced the Closed Session discussion item as listed above. THE REGULAR REDEVELOPMENT AGENCY MEETING WAS RECESSED AT 5:26 P.M. THE CLOSED SESSION DISCUSSION WAS COMPLETED AT 6:50 P.M. RECONVENE IN PUBLIC SESSION (7:00 P.M.) Chairman Hickman reconvened the Regular Redevelopment Agency in public session at 8:25 p.m. ROLL CALL PRESENT: BOARDMEMBERS: BUCKLEY, MAGEE, SCHIFFNER, HICKMAN ABSENT: BOARDMEMBERS: 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 Fetherolf, Information /Communications Manager Dennis, Public Works Manager Payne, City Treasurer Weber and City Clerk/Human Resources Director Kasad. CLOSED SESSION REPORT Legal Counsel Leibold announced that the Closed Session items as listed on the agenda were discussed, with no reportable action. She noted that there was a fully executed agreement in place on the Stadium and the due diligence period was underway. Page Three — Redevelopment Agency Minutes — August 10, 2004 PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE No Comments. PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES No Comments. CONSENT CALENDAR MOVED BY BUCKLEY, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Joint Study Session — June 22, 2004. (F:134.3) b. Regular Redevelopment Agency Meeting — July 27, 2004. C. Regular Redevelopment Agency Meeting — July 13, 2004. 2. Ratified Warrant List for July 29, 2004. (F:12.3) 3. Concurred with Council Action to Approve Tentative Parcel Map No. 32611 and Industrial Project No. 2004 -03 "C & C Collier Street Development Partners Industrial Complex ". (F:110.2) PUBLIC HEARINGS None. BUSINESS ITEMS None. Page Four — Redevelopment Agency Minutes — August 10, 2004 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 8:26 P.M. JRMAN REDEVELOPMENT AGENCY AtiEST: -- Z� 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 24, 2004 CALL TO ORDER The Regular Redevelopment Agency Meeting was called to order by Chairman Hickman 5:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: BUCKLEY,KELLEY, MAGEE, SCHIFFNER, HICKMAN NONE Also present were: Assistant Executive Director Best, Legal Counsel Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Fire Chief Gallegos, Lake & Aquatic Resources Director Kilroy, Police Chief Fetherolf, Engineering Manager Seumalo, Information /Communications Manager Dennis, Public Works Manager Payne, City Treasurer Weber and Clerk of the Board/ Human Resources Director Kasad. CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code § 54965.8) (17:40.1)(X:134.10) Property: A.P.N. 373-210-040 & 371-030-021 (Lake Elsinore Diamond Stadium and parking lot) Negotiating Parties: Impact Stadium L.L.C. and The Redevelopment Agency of the City of Lake Elsinore Page Two — Redevelopment Agency Minutes — August 24, 2004 Under Negotiation: Price and Terms Legal Counsel Leibold announced the Closed Session discussion item 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 6:30 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M.) Chairman Hickman reconvened the Regular Redevelopment Agency Meeting in regular session at 9:29 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: BUCKLEY, KELLEY, MAGEE, SCHIFFNER, HICKMAN NONE Also present were: Assistant Executive Director Best, Legal Counsel Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Fire Chief Gallegos, Lake & Aquatic Resources Director Kilroy, Police Chief Fetherolf, Engineering Manager Seumalo, Information /Communications Manager Dennis, Public Works Manager Payne, City Treasurer Weber and Clerk of the Board/ Human Resources Director Kasad. Page Three — Redevelopment Agency Minutes — August 24, 2004 CLOSED SESSION REPORT Legal Counsel Leibold reported that the Redevelopment Agency Board met in Closed Session for one item of discussion as listed on the Agenda, with no reportable action. PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE No comments. PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES No comments. CONSENT CALENDAR MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. Chairman Hickman noted that future Warrant Lists would increase the reporting of income and expenses, for a more full reporting. Ratified Warrant List for August 16, 2004. (F:12.3) PUBLIC HEARINGS None. BUSINESS ITEMS None. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES Page Four — Redevelopment Agency Minutes — August 24, 2004 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 9:30 P.M. YL HICKMAN, CHAIRMAN REDEVELOPMENT AGENCY ATT ST 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, SEPTEMBER 23, 2003 CALL TO ORDER Mayor Brinley called the Joint Study Session to order at 4:10 p.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, 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 Group. 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 rime. 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 Mitigated 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 Tem 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/PrUer 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 CHAIRWO� '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 TUESDAY, SEPTEMBER 14, 2004 CALL TO ORDER The Regular Redevelopment Agency Meeting was called to order by Chairman Hickman at 5:05 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, Engineering Manager Seumalo, Information /Communications Manager Dennis, Parks & Open Space Manager Fazzio, Planning Manager Villa, Public Works Manager Payne, Recreation & Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. CLOSED SESSION a. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code § 54965.8) (17:40.1)(X:134.10) Property: A.P.N. 373- 210 -040 & 371- 030 -021 (Lake Elsinore Diamond Stadium and parking lot) Negotiating Parties: Impact Stadium L.L.C. and The Redevelopment Agency of the City of Lake Elsinore Under Negotiation: Price and Terms Page Two — Redevelopment Agency Minutes — September 14, 2004 Legal Counsel Leibold announced the Closed Session discussion item as listed above. THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:07 P.M. The Closed Session discussion was completed at 7:05 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M.) Chairman Hickman reconvened the Regular Redevelopment Agency Meeting at 7:57 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 Fetherolf, Engineering Manager Seumalo, Finance Manager Magee, Information /Communications Manager Dennis, Parks & Open Space Manager Fazzio, Planning Manager Villa, Police Lt. Anderson, Public Works Manager Payne, Recreation & Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. CLOSED SESSION REPORT City Attorney Leibold announced that the Redevelopment Agency Board met in Closed Session regarding the ongoing discussions as listed on the Agenda; and under the terms of the Lease Agreement there was a 30 day due diligence period Page Three — Redevelopment Agency Minutes — September 14, 2004 which had expired. She indicated that the RDA Board had directed her to send Notice of Termination to Impact Stadium, as they have not satisfied the RDA Board in the due diligence process. She advised that upon receipt of the letter, Impact would have 15 days to provide information to satisfy the Board; and noted that she looked forward to reviewing their information. PUBLIC COMMENTS — NON- AGENDIZED ITEMS —1 MINUTE No Comments. PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES No Comments. CONSENT CALENDAR MOVED BY KELLEY, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: a. Joint Study Session — July 13, 2004. (F:134.3) b. Joint Study Session — July 27, 2004. C. Regular Redevelopment Agency Meeting — July 27, 2004. d. Regular Redevelopment Agency Meeting — August 10, 2004. e. Regular Redevelopment Agency Meeting — August 24, 2004. 2. Ratified Warrant List for August 31, 2004. (F:12.3) Concurred with Council Action to remove the Rescheduling of September 28`h Meeting item from the agenda. (F: 134.1)(X:44.1) 4. Concurred with Council Action to Approve Industrial Project No. 2004 -02 for the Vanderhoek Industrial Buildings. (F:86.2) Page Four — Redevelopment Agency Minutes — September 14, 2004 PUBLIC HEARINGS None. BUSINESS ITEMS None. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES Donald Ash, 1131 Mill Street, addressed the salaries of employees of the City. He indicated that he was outraged by the amount of salaries paid to the employees of the City. He advised that he was a retired school teacher on a pension in the poverty range, but he was helping to pay the City salaries. He questioned how the salaries got to this point without him knowing about it. He noted that Mayor Pro Tem Kelley was a school teacher, and inquired if her salary was near the staff salaries. He questioned how these salaries were justified, in comparison to hers, as her job was one of the most important. He commented that he could not even go to the Senior Center and get a cup of coffee. He indicated that he would lay it at the feet of the City Manager, and commented that he does not call back, as he is only interested in talking to developers. He indicated that the rest of the people had a right to be heard in the City. He suggested that the Council needed to address the issue of salaries, as the community was not getting the services they deserved. He commended the Public Works Department and Mr. Payne, noting their attitude of service to the community. He indicated that they either helped right away or told people why they could not; and noted that people don't get calls back from other departments. He commented that the City was not trying to get ahead of Temecula as far as development, and stressed that he was upset by the attitude of the City. City Manager Watenpaugh commented that the City staff would be serving coffee at the Senior Center until 11 a.m. EXECUTIVE DIRECTOR COMMENTS Page Five — Redevelopment Agency Minutes — September 14, 2004 No Comments. LEGAL COUNSEL COMMENTS No Comments. BOARDMEMBER COMMENTS No Comments. ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 8:02 P.M. DARYL HICKMAN, CHAIRMAN REDEVELOPMENT AGENCY CLERK OF THE BOARD REDEVELOPMENT AGENCY MINUTES REGULAR REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 28, 2004 CALL TO ORDER The Regular Redevelopment Agency Meeting was called to order at 5:00 p.m. by Chairman Hickman. ROLL CALL PRESENT: BOARDMEMBERS: KELLEY, MAGEE, SCHIFFNER, HICKMAN ABSENT: BOARDMEMBERS: BUCKLEY Also present were: Assistant Executive Director Best, Legal Counsel Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Engineering Manager Seumalo, Information/ Communications Manager Dennis, Parks & Open Space Manager Fazzio, Planning Manager Villa, Recreation & Tourism Manager Fazzio, City Treasurer Weber and Clerk of the Board/Human Resources Director Kasad. CLOSED SESSION a. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code § 54965.8) (17:40.1)(X:134.10) Property: A.P.N. 373 -210 -040 & 371 - 030 -021 (Lake Elsinore Diamond Stadium and parking lot) Negotiating Parties: Impact Stadium L.L.C. and The Redevelopment Agency of the City of Lake Elsinore Under Negotiation: Price and Terms Page Two — Redevelopment Agency Minutes — September 28, 2004 Legal Counsel Leibold announced the Closed Session discussion item as listed above. THE REGULAR REDEVELOPMENT AGENCY MEETING WAS RECESSED AT 5:01 P.M. The Closed Session discussion was completed at 6:10 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M.1 Chairman Hickman reconvened the Regular Redevelopment Agency Meeting in Public Session at 8:09 p.m. ROLL CALL PRESENT: BOARDMEMBERS: KELLEY, MAGEE, SCHIFFNER, HICKMAN ABSENT: BOARDMEMBERS: BUCKLEY Also present were: 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 Fetherolf, Engineering Manager Seumalo, Information /Communications Manager Dennis, Parks & Open Space Manager Fazzio, Planning Manager Villa, Recreation & Tourism Manager Fazzio, City Treasurer Weber and Clerk of the Board/Human Resources Director Kasad. CLOSED SESSION REPORT City Attorney Leibold advised that the Redevelopment Agency Board met in Closed Session as listed on the agenda; and unanimously approved a Termination Agreement on the Lease and Purchase Option, previously approved with Impact Stadium LLC. She indicated that the agreement provided for a joint press release Page Three — Redevelopment Agency Minutes — September 28, 2004 between the RDA and Impact, which would be available from Information/ Communications Manager Dennis to the press. PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE Donald Ash, 1131 Mill Street, commended the Boy Scouts on their achievements, and stressed that Eagle Scout was a high rank to reach and not too many boys achieve it. He further commended Mayor Pro Tern Kelley, noting that she was instrumental in bringing the philharmonic to the community. He noted that he loves classical music and the Philharmonic is a great organization. He commented that on other issues he could not commend Mrs. Kelley's efforts, noting that she and the Board had not objected to anything. He indicated that the administration of the City needed to be reminded that the Council was in control of the City, not the City Manager. He further noted Mrs. Kelley's past bankruptcy. PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES Requests were received to address Item No. 5 and deferred to that discussion. CONSENT CALENDAR The following item was pulled from the Consent Calendar for further discussion and consideration: Item No. 5. MOVED BY MAGEE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: a. Joint Study Session — August 10, 2004. (F:134.3) b. Joint Study Session — August 24, 2004. C. Regular Redevelopment Agency Meeting — September 14, 2004. Page Four — Redevelopment Agency Minutes — September 28, 2004 2. Ratified the Warrant List for September 15, 2004. (F:12.3) 3. Concurred with Council Action to Approve Tentative Condominium Map No. 32670 & Residential Design Review No. 2004 -10. (F:138.2) 4. Concurred with Council Action to process the Biennial Review of the Conflict of Interest Code for the City of Lake Elsinore and the Redevelopment Agency of the City of Lake Elsinore, as required by law. (F:116.5) ITEM PULLED FROM THE CONSENT CALENDAR 5. Request to Proceed — Laing; — C.P. Lake Elsinore, L.L.C. (F:150.2) Donald Ash, 1131 Mill Street, noted that he brought this matter up last time and reiterated that he and Mr. Kelley were on the Water District at the same time. He indicated that they were on opposite sides and also indicated that Boardmember Schiffner would consider him a naysayer. He commented that a lot had been done wrong in the City, and he wanted to be sure the dollars were going to the right places. He indicated that money talks and many things get done that shouldn't and vice versa. He commented that there was a promise that there would be no houses built in the floodplain if the Water District accepted a loan for the levee, but the City Council approved building houses in the floodplain. He indicated that if there was a flood the levee would not stop flooding in the back basin, but the customers of the Water District are paying for it. He noted that Mr. Kelley approved of the levee, and the political power pushed it through. He stressed the immediate agreement that they would not put houses there. He questioned the honesty of that action, and stressed that the citizens should expect honesty from the City Council. He indicated that it was a bad operation, and the City did not have the money to pay big salaries to the staff. He noted that Boardmember Kelley is a teacher and questioned why she approved of people making so much more money than she makes. Chris Hyland, 15191 Wavecrest, addressed Mr. Ash confirming his comments. She indicated that she attended the 4 p.m. meeting and was Page Five — Redevelopment Agency Minutes — September 28, 2004 concerned when Chairman Hickman asked about the $68 million CFD for Laing Homes. She indicated that it was misconstrued, and noted that it had been a topic of conversation for the last month, throughout the City. She indicated that people were discussing it, and the taxpayers were owed the opportunity to say how much they want to front on the CFD. She questioned who Legal Counsel Leibold served, the City or the Developers. She suggested that Ms. Leibold had a close relationship with the developers. Legal Counsel Leibold indicated that to her knowledge Laing had submitted a very initial request for CFD and provided the deposit to study the scope. She further indicated that to her knowledge there had been no number discussed on the size of the proposed CFD. She noted that in response to City Council concerns, the discussion of CFD's had been postponed entirely. She suggested that the discussion was about misinformation, as there was no present request for a particular size CFD, but only the indication that they will be requesting one. She commented that with regard to Mrs. Hyland's second comment, she took great offense. She stressed that her commitment to serve the City was uncompromised, and she represents the City and the RDA to the best of her ability. She noted that there was also a team of professional managers serving the Council. She indicated that if she had a conversation with developer's counsel or the development team, it was a by- product of ongoing negotiations. She apologized for impressions, but noted that she was deeply saddened if that was the perception of the community. Assistant Executive Director Best indicated that there was a rumor on the $68 million CFD, and noted that the Agency had approved forming a CFD at some point, but the development team had forestalled the discussion completely at this point so there was no exact amount being discussed. She stressed that there were only some initial conversations months ago. Boardmember Magee addressed this item and requested a report from Council. Legal Counsel Leibold detailed the item for consideration of a request from Laing Homes for a Notice to Proceed. She explained that in accordance with the Disposition and Development Agreement, the developer is to request a Notice to Proceed, when they believe they have the ability to Page Six — Redevelopment Agency Minutes — September 28, 2004 proceed with the acquisition of the Agency property. She advised that the request included all required information for the D.D.A. She indicated that the Agency could not unreasonably withhold the approval. She noted that there was a purchase price of $4 million to be paid out over time and recommended authorization of the Notice of Proceed. City Treasurer Weber indicated that with regard to the lawsuit, he would ask that any approvals be set aside. Legal Counsel Leibold indicated that the Notice to Proceed is to be provided if certain conditions have been met, including City Council approval, which had already occurred. She clarified that the lawsuit did not unravel the existing entitlements. City Treasurer Weber questioned the lawsuit ordering that all approvals of the specific plan be set aside. Legal Counsel Leibold indicated that it was a petition which did not impact this request. City Treasurer Weber inquired if there was value in preserving the spirit of good will with the County. He suggested that this action would only make them more angry. Legal Counsel Leibold indicated that she would defer to the Boardmembers with regard to working with the County, but the pending litigation would not preclude this authorization to proceed. Chairman Hickman noted his earlier questions, but clarified that this action related to the D.D.A. He indicated that he had asked Mr. Filler about the CFD for $68 million, and was informed that they were still working on that issue; so he was not sure where the discussion came from, but it carried no weight. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO AUTHORIZE THE AGENCY COUNSEL TO PREPARE AND DELIVER A NOTICE TO PROCEED TO LAING -CP, PURSUANT TO SECTION 306 OF THE DDA. BUSINESS ITEMS 6. Request for Proposals — Professional Redevelopment Consultants. (F:134.1) Legal Counsel Leibold noted that the RDA Advisory Committee and Board had asked preparation of a Request for Proposals for an amendment to the Page Seven — Redevelopment Agency Minutes — September 28, 2004 RDA Plan to increase the tax increment plan cap on Project Area 1. She noted that it was to include possible additional amendments to Project Areas 2 and 3. She explained that the intent was to solicit proposals for redevelopment consultants for each scope of services. She indicated that the final scope had not yet been determined. She explained that the driving force was the proposed increase in the Project Area 1 cap. She indicated that there was a list of RDA consultants which she would propose to send the RFP to. She noted that there was a fairly short response time until October 18"`. She commented that the anticipation was that the RDA Committee would review the proposals and make a recommendation at the second meeting in October, so the process can be commenced to address the cap. Chairman Hickman noted that the main objective was to correct the situation where the increment was over the cap, and this would allow the increase to capture additional dollars. He indicated that it would also address Project Areas 2 and 3 and bring them into compliance. He commented that there was also the potential for looking at eminent domain, but there were arguments on either side. He indicated that he did not think he would accept eminent domain on a home, but he would for vacant property. MOVED BY MAGEE, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO AUTHORIZE THE DISTRIBUTION OF THE RFP TO PROFESSIONAL REDEVELOPMENT CONSULTANTS AND ANY OTHER INTERESTED PARTIES AND THAT AGENCY STAFF AND THE REDEVELOPMENT ADVISORY COMMITTEE REVIEW THE RFP RESPONSES AND PROVIDE A RECOMMENDATION TO THE AGENCY BOARD FOR SELECTION OF A QUALIFIED CONSULTANT. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES No Comments. EXECUTIVE DIRECTOR COMMENTS Page Eight — Redevelopment Agency Minutes — September 28, 2004 No Comments. LEGAL COUNSEL COMMENTS No Comments. BOARDMEMBER COMMENTS No Comments. ADJOURNMENT THE REGULAR REDEVELOPMENT AGENCY MEETING WAS ADJOURNED AT 8:31 P.M. fl' DARYL HICKMAN, CHAIRMAN REDEVELOPMENT AGENCY OF THE BOARD/ HUMAN RESOURCES DIRECTOR MINUTES REGULAR REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 26, 2004 CALL TO ORDER The Regular Redevelopment Agency Meeting was called to order by Chairman Hickman at 8:06 p.m. ROLL CALL PRESENT: ABSENT: BOARDMEMBERS: BOARDMEMBERS: BUCKLEY,KELLEY, MAGEE, SCHIFFNER, HICKMAN NONE Also present were: 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 Fetherolf, Engineering Manager Seumalo, Planning Manager Villa, Public Works Manager Payne, Recreation & Tourism Manager Fazzio, City Treasurer Weber, Clerk of the Board Kasad. PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE No Comments. PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES No Comments. CONSENT CALENDAR MOVED BY KELLEY, SECONDED BY BUCKLEY AND CARRIED BY Page Two — Redevelopment Agency Minutes — October 26, 2004 UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Joint Study Session — September 28, 2004. (F:134.3) b. Regular Redevelopment Agency Meeting — October 12, 2004. 2. Ratified Warrant List for October 14, 2004. (F:12.3) 3. Concurred with Council Action to Approve the Design Review of Residential Project No. R 2004 -06. (F:138.2) BUSINESS ITEM 4. RDA Committee Appointment. (F:134.1) Boardmember Schiffner noted that his appointee to this Committee, Rita Wilsey, had found that her business obligations were too heavy to allow her participation, so she had submitted her resignation. He appointed Donald Lower to fill this vacancy. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES No Comments. EXECUTIVE DIRECTOR COMMENTS No Comments. LEGAL COUNSEL COMMENTS No Comments. Page Three — Redevelopment Agency Minutes — October 26, 2004 BOARDMEMBER COMMENTS Boardmember Hickman noted that he had requested a Street Sweeping Study Session, which had been cancelled. He indicated that he met with the management at CR & R and found that their objective was to clean streets, not issue tickets. He further indicated that Code Enforcement Officers would not return to an area after the street sweeper had gone through. He explained that the importance of street sweeping was to keep the Lake and the City clean. ADJOURNMENT THE REGULAR REDEVELOPMENT AGENCY MEETING WAS ADJOURNED AT 8:10 P.M. Az� DARYL HICKMAN, CHAIRMAN REDEVELOPMENT AGENCY "CMC, CLERK OF THE BOARD REDEVELOPMENT AGENCY MINUTES REGULAR REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 9, 2004 CALL TO ORDER The Regular Redevelopment Agency Meeting was called to order by Chairman Hickman at 5:15 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY PLOW " 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, Building & Safety Manager Chipman, Engineering Manager Seumalo, Finance Manager Magee, Parks & Open Space Manager Fazzio, Planning Manager Villa, Public Works Manager Payne, City Treasurer Weber and Clerk of the Board Kasad. CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Subdivision (a) of Gov't Code § 54956.9) Camelot Property Counselors, Inc. v. City of Lake Elsinore /Redevelopment Agency of the City of Lake Elsinore (U.S. Bankruptcy Court Case No. RS01- 14823DN)(F:52.2)(X:40.1) Page Two — Redevelopment Agency Minutes — November 9, 2004 RECONVENE IN PUBLIC SESSION (7:00 P.M.) Chairman Hickman reconvened the Regular Redevelopment Agency Meeting in public session at 8:19 p.m. CLOSED SESSION REPORT Legal Counsel Leibold announced that the Camelot Litigation was discussed as listed on the agenda, and a final settlement had been reached, with the Redevelopment Agency receiving about $15,000. PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE No Comments. PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES No Comments. CONSENT CALENDAR MOVED BY BUCKLEY, SECONDED BY KELLEY 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 — October 12, 2004. b. Regular Redevelopment Agency Meeting - October 26, 2004. (F:134.3) 2. Ratified Warrant List for October 28, 2004. (F:12.3) Concurred with City Council Action to hold the regular Meetings of Page Three — Redevelopment Agency Minutes — November 9, 2004 November 23 and December 28, 2004 as scheduled. (F: 134.1)(X:44.1) 4. Concurred with City Council Action to Approve Zone Change No. 2004 -11 and Commercial Design Review No. 2004 -06 for the Best Western Hotel. (17:58.2) BUSINESS ITEM Selection of Redevelopment Plan Consultant for Proposed Plan Amendment. (17:134.1) Chairman Hickman deferred to RDA Committee Chairman Harvey Ryan to address this item. RDA Committee Chairman Ryan indicated that the City Attorney prepared the bid package for distribution, with the primary intent to look at raising the cap in Project Area No. 1. He advised that two proposals were received and reviewed by the Committee, and Keyser Marston's was determined to be the most comprehensive. He highlighted the options to the proposal, but stressed the importance of getting the work done by June. He noted that the City Attorney was going to go back to the people on the proposals to clarity the costs. He indicated that the amount of money being spent was miniscule compared to the amount that could be lost. MOVED BY BUCKLEY, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE SELECTION OF KEYSER MARSTON AND AUTHORIZE THE EXECUTIVE DIRECTOR TO EXECUTE A PROFESSIONAL SERVICES CONTRACT, SUBJECT TO THE APPROVAL OF THE CONTRACT FORM NEGOTIATED BY THE CITY ATTORNEY. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES No Comments. Page Four — Redevelopment Agency Minutes — November 9, 2004 No Comments. LEGAL COUNSEL COMMENTS No Comments. BOARDMEMBER COMMENTS No Comments. ADJOURNMENT The Regular Redevelopment Agency Meeting was adjourned at 8:25 p.m. RYL HICKMAN, CHAIRMAN REDEVELOPMENT AGENCY 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 23, 2004 CALL TO ORDER Mayor Pro Tern Kelley called the Joint Study Session to order at 4:05 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, ABSENT: COUNCILMEMBERS: BUCKLEY(Mayor Buckley arrived at 4:15 p.m.) 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, Public Works Manager Payne, Recreation/Tourism Manager Fazzio, Parks & Open Space Manager Fazzio, Building & Safety Manager Chipman, Engineering Manager Seumalo, City Treasurer Weber, and Deputy City Clerk Ray. DISCUSSION ITEMS Mayor Pro Tern Kelley started the meeting in the absence of Mayor Buckley. PUBLIC COMMENTS Bill Tiitto questioned when staff would be fixing the flooding on Lakeshore Drive between Chaney Street and Riverside Drive. Mayor Pro Tern Kelley indicated that either City Manager Watenpaugh or Public Works Manager Payne would respond to his question. PAGE TWO STUDY SESSION MINUTES — NOVEMBER 23, 2004 CONSENT CALENDAR 1. Minutes. Ron Hewison, 35 Villa Valtelena, commented on item lc. He indicated that the Planning Commission Meeting for November 2, 2004, at the Planning Commission level approved the October 19, 2004, Planning Commission Minutes, at the October 19th meeting the Lusk, Brehm, Pulte issue was discussed and agreed. He indicated that the developer agreed to some flip flops on some lots, during the presentation there were some misstatements made, that were corrected during the October 19d' meeting. He indicated that the minutes were not presented at the November 2 "d meeting. He indicated that the minutes for the November 2 n meeting were not posted on the internet, therefore he did not attend the November 2nd meeting, the October 19th were agendized for the November 16th meeting. He indicated that he attended that meeting to point out the minutes were inaccurate. He further indicated that the Planning staff had since reviewed the tape and confirmed that the October 19th minutes were inaccurate. He indicated that the Planning Department was working with the developer to change the site plan; and he thought that everything agreed upon during the October 19`h Meeting were being adhered to. Mr. Hewison indicated that he was reluctant to allow the Council the November 2 "d minutes which by implication approved the October 19th minutes, which were being amended. He indicated that he wanted to make sure that when Council approved the November 2 "d minutes, Council should not be approving the October 19th minutes within that. He suggested holding the approval of the October 19th minutes until the issues that were agreed upon were in writing. Mayor Buckley arrived at the Council meeting at 4:15 p.m. 2. Warrant List: November 23, 2004. Councilman Hickman requested clarification on various checks issued on the warrant list; and staff clarified. PAGE THREE STUDY SESSION MINUTES — NOVEMBER 23, 2004 3. Investment Report — July — September, 2004. No comments. 4. Disposal of Surplus Electronics as scrap. No comments. 5. Digital Conversion of microfiche records — Bid America - $17,500. No comments. 6. Authorization to prepare CEQA Compliance Documents — Lakeview Villas. No comments. 7. Amend the contract for CEQA Compliance -North Tuscany Hills. No comments. 8. Fire Engine Purchase for Canyon Hiss Fire Station - $350,000. No comments. 9. Four Corners Paving Project -Lehr Dr, Illinois St, Kansas St, Nebraska St and . Wisconsin St - $76,878. Bill Tiitto, 32296 Machado Street, inquired when there would be work completed at the four corners intersection (Lakeshore Drive and Riverside Drive). City Manager Watenpaugh indicated that the circulation plan was to be addressed later at the 7 p.m. Council Meeting. Public Works Manager Payne indicated that in regard to the drainage issue near Chaney, the Engineer Staff was addressing designing larger piping through the area that would carry the flow coming through the Country Club Heights area; and that would possibly be addressed in the next year's budget. City PAGE FOUR STUDY SESSION MINUTES — NOVEMBER 23, 2004 Manager Watenpaugh clarified it would be addressed and prioritized by Council. 10. 2004/05 Vehicle Replacement Program — Four Pickup Trucks- $72,932.28. Councilman Magee questioned the age of the existing vehicles being replaced. Public Works Manager Payne indicated that the S l Os and 1 full size would be rotated down into the Public Works Fleet and some older vehicles would be sold. He indicated that 10 years or 100,000 miles was the standard and the vehicles were rotated out of the fleet and the newer vehicles were rotated down. Councilman Magee clarified that the older vehicles drop out. Public Works Manager Payne confirmed and indicated that the dropped out vehicles were sold at auctions and the money put back into the General Fund. PUBLIC HEARINGS 21. Amended Tentative Tract Map No. 30493 (Canyon Hills Specific Plan). No comments. 22. Amendment No. 1 to Tentative Parcel Map No. 30395 located on Pasadena Street from Central Avenue to Third Street. No comments. BUSINESS ITEMS 31. Second Reading — Ordinance No. 1131. No comments. 32. Second Reading —Ordinance No. 1132. No comments. PAGE FIVE STUDY SESSION MINUTES — NOVEMBER 23, 2004 33. Request by City Treasurer Weber to Approve a Financial Audit of 2003 Series H Bond, Issued on October 1, 2003 - $10,000. Mayor Buckley deferred to City Treasurer Weber for comments. City Treasurer Weber indicated that Administrative Services Director Pressey assisted him in writing the report. He indicated that they were going to follow the money trail. He indicated that he received a letter from Citibank stating that they were in favor of the audit and they thought it should be done. Bill Tiitto, commented on the stadium bonds and questioned the placement of the funds. Mayor Buckley indicated that the money went to construction and a series of refinancing. 34. 211 Referral System - $3,761. Mayor Buckley indicated the item came before WRCOG and other cities and the County was in the process of helping to fund the item. 35. First reading —Ordinance N0. 1133. No comments. 36. Resolution No. 2004 -66. Councilman Magee referred to the language. He indicated the language was listed as "relating to the elimination of the office." He suggested rewording it to say "offering voters a choice as to selection of the Treasurer either by election of appointment." He also commented on the Ordinance. He suggested the wording be changed to "shall the office of the Treasurer continue to be elected ?" City Attorney Leibold indicated that the language of the measure was dictated by the Government Code. PAGE SIX STUDY SESSION MINUTES — NOVEMBER 239 2004 Mayor Buckley questioned the ability to change the word "elimination ". City Attorney Leibold indicated that it could be changed, as it was an item for identification for the agenda it had no legislative affect. Mayor Buckley indicated that it was stated in the Resolution. Mayor Buckley inquired if Councilman Magee had a suggestion for wording regarding the language using the word elimination. Councilman Magee suggested the following — "Offering the voters a choice as to the selection of the Treasurer either by election or by appointment." 37. Application for Planning Commission. City Manager Watenpaugh gave an overview of the item. He indicated that Mr. Ryan was elected to the Water Board. Councilman Magee indicated that the new process required a letter of resignation. City Attorney Leibold clarified that the new process required that the office be vacated and the office was vacated when the member could no longer serve or was disqualified to serve; and in Mr. Ryan's case he would be disqualified to serve once he had taken the oath of office for the Water Board position. REDEVELOPMENT AGENCY CONSENT CALENDAR 1. Minutes. No comments. 2. Warrant List — November 15, 2004. No comments. PAGE SEVEN STUDY SESSION MINUTES — NOVEMBER 23, 2004 3. Investment Report — July- September, 2004. No comments. 4. Amendment No.l Tentative Parcel Map No. 30395. No comments. PUBLIC HEARINGS None. BUSINESS ITEMS None. PUBLIC COMMENTS Steve Thomson, Los Angeles, commented that he had property in Lake Elsinore. He indicated that there were a lot of investment opportunities in Lake Elsinore and he was not speaking of roof tops. He indicated that from the outside looking in the function of the City seemed to be on a personal level. He indicated that there was not a collective view from the Council; and they were not working together. He indicated that City staff had always assisted him when he needed help. He suggested holding back the vote on the City Manager until the results of the audit. ADJOURNMENT THE JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION WAS ADJOURNED AT 5:00 P.M. THOMAS BUCKLEY, MAYOR CITY OF LAKE ELSINORE PAGE EIGHT STUDY SESSION MINUTES — NOVEMBER 23, 2004 Respectfully �--DARYL HICKMAN, CHAIRMAN REDEVELOPMENT AGENCY i RAY, DUTY CITY CLERK AT EST: 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, DECEMBER 14, 2004 CALL TO ORDER The Regular Redevelopment Agency Meeting was called to order by Chairman Hickman at 8:10 p.m. ROLL CALL PRESENT: ABSENT: BOARDMEMBERS: I1\71 u u t wtu BUCKLEY, KELLEY, MAGEE, SCHIFFNER, HICKMAN 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, Fire Chief Gallegos, Lake /Aquatic Resources Director Kilroy, Police Chief Fetherolf, Engineering Manager Seumalo, Finance Manager Magee, Information /Communications Manager Dennis, Parks & Open Space Manager Fazzio, Planning Manager Villa, Recreation & Tourism Manager Fazzio, City Treasurer Weber and Clerk of the Board/Human Resources Director Kasad. CLOSED SESSION None. CLOSED SESSION REPORT None. Page Two — Redevelopment Agency Minutes — December 14, 2004 PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE No Comments. PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES No Comments. CONSENT CALENDAR MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: a. Joint Study Session — November 9, 2004. (F:134.3) b. Regular Redevelopment Agency Meeting — November 9, 2004. C. Regular Redevelopment Agency Meeting — November 23, 2004. PUBLIC HEARING ITEMS None. BUSINESS ITEMS 2. Concurred with Council Action to hold the Meeting of December 28, 2004. (F:134.1) 3. Request for Direction on Stadium. (F:134.10) Boardmember Buckley suggested the issuance of three separate RFP's for 1) sale, 2) lease or 3) operation of the facility. He suggested that they would all be based on the final arrangement with Impact. He noted that it would be a complex document to create, but it would put everyone on a level playing field. Page Three — Redevelopment Agency Minutes — December 14, 2004 Chairman Hickman expressed concern that the audit would be coming back on the bonds. City Treasurer Weber inquired if Boardmember Buckley was suggesting the same deal that was reached with Impact. Boardmember Buckley clarified that the Impact deal should be used as a baseline. City Treasurer Weber suggested that the Impact deal would have to be massaged quite a bit due to the $30 million in debt. Boardmember Buckley suggested that the best arrangement might be from someone who wants to operate it and not buy it. City Treasurer Weber indicated that as far as bond debts and payments, he had only seen something from low income housing that was paying the debt. He suggested that the money should be going to low income housing. Chairman, Hickman indicated that it was two parallel lines, with the audit and the RFP's. City Treasurer Weber indicated that his audit does not deal with the stadium; but the bottom line is to look at the numbers and start with $20 million instead of $7 million. Boardmember Buckley commented that he was discussing profit and loss; and noted that it was built for too much money and that money would not be recouped. Boardmember Schiffner seconded the creation of a series of RFP's as suggested by Boardmember Buckley. Legal Counsel Leibold suggested a single RFP, which could permit interested parties to submit proposals on one or more of the alternatives. Chairman Hickman suggested the inclusion of a footnote in reference to the Lehr Agreement and property. MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO PROCEED WITH A SERIES OF RFP'S FOR SALE, LEASE OF OPERATION OF THE DIAMOND STADIUM. 4. Redevelopment Agency Board Reorganization. (F:134.1) MOVED BY MAGEE, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO SELECT BOARDMEMBER HICKMAN AS CHAIRMAN OF THE REDEVELOPMENT AGENCY. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO SELECT BOARDMEMBER KEL tEYAS -VIcCE Page Four — Redevelopment Agency Minutes — December 14, 2004 CHAIR OF THE REDEVELOPMENT AGENCY. 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 8:17 P.M. DARYL HICKMAN, CHAIRMAN REDEVELOPMENT AGENCY AT EST: )Lj VICKIXASA , CMC, CLERK OF THE BOARD/ HUNIAN RESGURCES DIRECTOR