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HomeMy WebLinkAbout04-22-2003 Joint City Council/RDA Study SessionMINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 22, 2003 :~~~:~~*:~:~:~:~:~~**:~~~~~~~~:~:~:~~:~~~:~:~~:~~~~~,~~~:~~*:~:~~~~~~~~**:~:~:~~~~,~ CALL TO ORDER Mayar Pro Tem SchifFner called the Joint Study Session to order at 4:l lp.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, SCHIFFNER, KELLEY ABSENT: COUNCILMEMBERS: HICKMAN, BRINLEY Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Community Development Director Brady, Community Services Director Sapp, Information/Communications Manager Dennis, Finance Manager Magee, Public Works Manager Payne and Deputy City Clerk Gibbons. DISCUSSION ITEMS (F:44.1) City Manager Watenpaugh noted that there would be representatives present at the City Council Meeting to accept the Presentations. He indicated that the Business of the Year was Pardee. Councilman Buckley requested clarification for various checls issued from Item No. 2, the Warrant List. Councilwoman Kelley addressed Item No. 31, Second Reading- Ordinance No. 96 - Regarding the Transportation Uniform Mitigation Fee Program. City Attorney Leibold provided an overview of the letter sent to WRCOG regarding the issues of concern Council had with the TLJMF. She explained PAGE TWO - STUDY SESSION - APRIL 22, 2003 the responses WRCOG provided to the individual concerns of Council. She noted her first concern regarding the developer exemption from the TUMF and explained that any residential developer who pulled a building permit prior to July l, 2004would be exempt from the TLJMF. City Manager Watenpaugh clarified that new development agreements were not exempt from the TUMF unless a building permitwas pulled priar to July 1, 2004. City Attorney Leibold further explained that no project could be permanently exempt from TUIVIF unless the developer had a vested interest in the project prior to July 1, 2004. Councilwoman Kelley addressed the second issue of concern and statedthat there was no objection to the language clarification from WRCOG. City Attorney Leibold addressed the third issue regarding the indemnity language. She stated that WRCOG would not support a City if their ordinance format was not used. She ~ated her concern was that WRCOG was the administrator and that the ordinance was in their form. She noted that there had been discussion regarding the verbiage of the ordinance. She further noted that WRCOG had been diligent in their efforts to resolve the issue of indemnity, however there was no resolution to date. City Manager Watenpaugh addressed theissue of credit, and noted that the method WRCOG would use had not been clarified. City Attorney Leibold confirmed. Councilwoman Kelley stated that other cities had similar concerns and the proposed ardinance exposed the City to significant legal issues. City Attorney Leibold confirmed and clarified that the adoption of the ordinance did not promote a cause of action from a developer. She explained that when the fee is implemented would be when a report of damages could arise. There was discussion on how many lawsuits there were in other cities. City Manager Watenpaugh noted that the City could go forward without a resolution to the issue and retain the option to back out of the program. There was further discussion regarding the TLJMF fees and the system in place by WRCOG. There was continued discussion regarding the participation of surrounding cities despite the cost and risk of the program to those cities. Mayor Pro Tem Schiffner noted that WRCOG should defend any city that administered the TUMF according to their program. City Attorney Leibold confirtned the ambiguity of the program presented by WRCOG and stated that they should defend the City in the event of any lawsuit. There was discussion regarding the possibility of a lawsuit filed against the City by a builder in the event of an alleged PAGE THREE - STUDY SESSION - APRIL 22, 2003 misuse of funds. Councilman Schiffner addressed the issue of spending in the other zones. City Attorney Leibold indicated that a Zone Committee would be implemented to oversee the spending of zone dollars. Mayor Pro Tem Schiffner indicated that a unanimous decision from the committee would decide the spending of those funds. City Attorney Leibold concurred. There was discussion regarding the committee member who would represent of the City of Lake Elsinore. City Attorney Leibold addressed the issue of Administrative Costs and indicated that WRCOG did not support the implementation of an administrative cost associated with the TiJMF. There was discussion regarding the costs associated with the additional time to implement the process. City Manager Watenpaugh suggested Council specify their concerns to Councilman Buckley so that he could take them to the ExecutiveCommittee meeting. He also indicated that it would benefit Council to attend future meetings and voice those concerns. Mayor Pro Tem Schiffner questioned whether these concerns had been raised byother agencies at the meetings. Councilman Buckley provided brief clarification as to the concerns of other cities. Councilman Schiffner stated his concern with the issue of indemnification. City Manager Watenpaugh suggested approval of the item pending modification of the indemnification language. City Manager Watenpaugh addressed item No. 32 Budget Appropriation for Information Technology Consulting Services and deferred question to Information/Communications Manager Dennis. Councilman Buckley requested clarification as to the time frame of the process. Mr. Dennis stated that there was a ten week cycle and phased approach and the consultants were prepared to begin the project. Councilman Buckley addressed Item No. 33 regarding Industrial Project for Empire Self-Storage. He indicated his approval of the design. There was discussion regarding the dedication of Collier Ave. and the width of the street in that area. There was further discussion regarding the General Plan. PAGE FOUR - STUDY SESSION - APRIL 22, 2003 Councilman Buckley addressed Item No. 35, McVicker Park Fire Station and Community Development Directar Brady provided an explanation of the item. REDEVELOPMENT AGENCY (F:134.1) Chairwoman Kelley addressed Item No. 4, Stadium Signage. City Manager Watenpaugh provided an overview of the advertising allowance is stated in the contract between the City and the Storm. He indicated that Dave Oster was present to represent the Storm. City Attorney Leibold explained the advertising elements in the contract and noted the concern with the proliferation of advertising. She further explained that the addition of the element to the contract was not a big issue. Mr. Oster stated that the addition of the sign on the storage shed would increase advertsing revenue significantly. He noted that the sign was a mesh banner which could be removed and would not be a permanent fixture to the stadium. Mayor Pro Tem Schiffner clarified that the revenue from the ad would go to the team. City Manager Watenpaugh confirmed. Mr. Oster indicated that the team had considered holding a fund raiser to benefit the lake. ADJOURNMENT City Attorney Leibold stated that there were no closed session items listed. THE JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION ADJOURNFB~~' S:27 P.M. ,MA CITY OF PAGE FIVE - STUDY SESSION - APRIL 22, 2003 ~~.-: _ ~~~~~~ GE KELLEY, REDEVELOPME Respectfully submitted, ~`~U~ ` ~~ ~ Lisa Gibbons, Deputy City Clerk A EST: ~ ) VICHI KASAD~ CITY LE , , C RK/ HUMAN RESOURCES DIRECTOR ; CTTY OF LAKE ELSINORE