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HomeMy WebLinkAbout03-23-2004 Joint City Council/RDA/PFA Study Session MINUTES JOINT CITY COUNCILIREDEVELOPMENT 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. I. 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 1 b page 16 of 23 that there was a typo. Mayor Buckley commented on Item 1 c 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 of20 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 staffreport 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 ifhe 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 Schiffuer 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 of35 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 Schiffner 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 PF A Agenda. Consent Calendar No comments. ADJOURNMENT THE JOINT CITY COUNCILIREDEVELOPMENT AGENCY/PUBLIC FINANCE AUTHORITY MEETING WAS ADJOURNED AT 5:30 P.M. Y,MAYOR ELSINORE iJy RYL HICKMAN, CHAIRMAN REDEVELOPMENT AGENCY PAGE TWELVE-STUDY SESSION-MARCH 23, 2004 - Respectfully submitted, ?'/ / / -~~~~ ;/ ~-aerick Ray, De~uty City Clerk A T:rEST: ()\ '\ l / I U~~ l{yyc~{ VICKI KASAD, CMC, CITY CLERK! HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE - -