HomeMy WebLinkAbout02-12-2002 City Council/RDA Study SessionMINUTES
CITY COUNCIL/REDELOPMENTAGENCY
STUDY SESSION
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, FEBRUARY 12, 2002
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CALL TO ORDER
Mayor Kelley called the Study Session to order at 4:10 p.m.
ROLL CALL
PRESENT: COUNCILMEMBERS: BRINLEY, BUCKLEY,
HICKMAN, SCHIFFNER,
KELLEY
ABSENT: COUNCILMEMBERS: NONE
Also present were: City Manager Watenpaugh, Assistant City Manager
Best, City Attorney Leibold, Community Development Director Brady,
Community Services Director Sapp, Information/Communications
Manager Dennis, Building and Safety Manager Russell and Deputy City
Clerk Paredes.
Aeenda Review. (F:44.1)
Mayor Kelley addressed the Presentation and asked for clarification.
City Manager Watenpaugh stated that Mr. Mark Norton from the
Santa Ana Watershed Authority would be present to present an update
on the Lake Elsinore/San Jacinto Watershed Authority. He indicated
that Mr. Norton would be asking Council for some suggestions for
projects that could be addressed by a new Park Bond issue or Water
Bond issue.
PAGE TWO - STUDY SESSION - FEB.12, 2002
Councilman Buckley addressed Item No. 3, regarding the Declaration
of Weeds, Rubbish, Refuse and Dirt as a Nuisance with notification to
property owners. He asked what happened to the Weed Abatement
Lien after the property defaulted. City Attorney Leibold noted that
there were various procedures that applied to a property regarding
Weed Abatement and other related liens. She outlined the various
ways that a lien could be addressed upon the "tax sale" of a property.
Mayor Kelley asked how other cities handled Weed Abatement liens.
City Attorney Leibold stated that she would make a review of the
issue and respond latter. There was general discussion regarding tax
lien subordination. Councilman Hickman questioned who selected
the properties abated for weeds and further questioned if citizens in
the community could report a rubbish complaint. City Attorney
Leibold stated that the City responded on a complaint-by-complaint
basis and Code Enforcement issued citations for such issues. City
Manager Watenpaugh stated that Code Enforcement patrolled the City
and issued citations without complaints being filed by the citizens,
however if someone did file a complaint then Code Enforcement did
respond. Councilman Buckley clarified that what he was addressing
was vacant land that had been abated and ended up in a taY sale.
Administrative Services Director Boone explained that the City
operated under the Teeter Plan and when an assessment was placed on
a parcel the money was rendered to the City the same year. He further
explained that it would then be up to the County of Riverside to
collect the money or waive collection of the assessment for the tax
sale. City Manager Watenpaugh clarified the Teeter Plan. He
indicated that he, City Attorney Leibold and Administrative Services
Director Boone would talk to the County to try and clarify the issue
brought before the Mayor's attention.
Councilman Buckley addressed Item No. 7, regarding the Grant
Submittal and Agreement Extension - Wildlife Conservation Board.
He stated his opposition to this item and questioned the RTP grant that
was declined and asked if it was one of the grants that Mr. Molendyk
was assisting the City with. Councilman Hickman clarified the cost
M
PAGE THREE - STUDY SESSION - FEB. 12, 2002
for Mr. Molendyk's services. City Manager Watenpaugh indicated
that it would amount to $2,000 a month for four months. Mayor
Kelley asked what services the City received from Mr. Molendyk.
City Manager Watenpaugh presented an overview of the services that
had been provided by Mr. Molendyk and the proposed services. He
explained that through successful meetings with the State of
California Department of Fish and Game, Mr. Harrison and Mr.
Molendyk presented the City's desire for property acquisition and
development to the State with favorable comments and recommended
that the City combine various grant requests into one grant request for
acquisition of property at the Four Corners area in the amount of $5
million. He indicated that what staff was requesting was to eatend
Molendyk and Associates agreement for four months to allow
finalization of a program; allow for Mr. Harrison to walk the grant
through with the agencies in Sacramento; and following that, the issue
would be heard by Wildlife Conservation Board in May or August.
Councilman Hickman asked what type of remuneration the City
would receive. City Manager Watenpaugh outlined the requirement
of identification of property and the procedure for acquisition of the
grant monies. He indicated that the City was advised to apply #'or
additional monies for public access and Habitat Restoration. He noted
that the total would be $7 million in grant money.
Mayor Kelley addressed Item No. 31, regarding the Extension of
Time for Tentative Tract Map No. 27851 " Lusk Elsinore". She
invited Mr. Hewison to address Council.
Mr. Ron Henison, 35 Villa Valtelena, presented an overview of the
history of the project. He criticized the Planning Department and
explained that he felt that they were representing the interests of the
developer and not the rights of the existing property owners. He
noted previous elevations and the resolution that Council reached
which required easements from lots 1 through 10 in Tuscany Hills.
PAGE FOUR - STUDY SESSION - FEB. 12, 2002
He noted that the property owners had not signed the easement deeds
and Lusk made no effort to meet with the property owners to resolve
the existing problems. He asked that Council consider limiting
extension of time for Lusk to meet the conditions set by Council. He
noted Condition No. 26, which had not been met. Councilwoman
Brinley asked if Mr. Hewsion was addressing the Conditions of
Approval on the Tentative Tract Map. Mr. Hewsion stated that he
was and further noted Minutes from the February 22, 2000, City
Council Meeting and indicated that Planning Commission Chairman
Wilsey had stated that the project could not go forward without the
easements. He indicated that later in the Meeting Community
Development Director Brady stated that the project could be done
without the easements, however it would be more difficult to do so.
He noted that Chairman Wilsey indicated in the Minutes that without
the easements the project would have to address grading. He
concluded the easements had not been granted and he felt that it
should be addressed now, rather than two years from now. He again
encouraged Council to limit the e~ension of time.
Mayor Pro Tem Schiffner questioned the status of the project and
what the next step would be. He clarified that Lusk had not met the
Conditions of Approval and would start at square one. Community
Development Director Brady stated that he did not believe the
easements were necessary for Lusk to proceed with the project, based
on the Conditions of Approval that were approved by the City
Council. He stated that Lusk had been moving forward in their
process to prepare their Tract Map. He stated that they had not met all
the Conditions of Approval, since some of the Conditions would have
to be met at various times at later stages. He explained that under the
Subdivision Map Act, Lusk could request an eactension of time; they
did so; and staff was recommending approval of the eatension. Mayor
Pro Tem Schiffner clarified that the reason for the easements was to
set the elevation. He asked if they did not receive the easements, how
would they proceed. Community Development Director Brady stated
PAGE FIVE - STUDY SESSION - FEB.12, 2002
that they would use retaining walls. He indicated that Condition No.
26 was designed to keep the roofline elevations four feet below the
adjacent grades. He stated that if Mr. Jolulson from Lusk Developers
could not get the easements, then Condition No. 26 would not apply.
There was general discussion regarding Condition No. 26 and the
intent of the easements. Mayor Kelley stated that the issue could be
resolved.
Councilman Hickman stated that he was on the Property Owners
Board at Tuscany Hills. He stated that Lusk never came back to the
property owners to resolve the easement issue. He indicated that to
protect the citizens, Council should allow a six-month extension with
the condition that Lusk meet and work with the property owners in
Tuscany Hills.
Mayor Pro Tem Schiffner asked if the Subdivision Map Act allowed
Luck to request an e~ension of two years. Community Development
Director Brady confirmed. Mayor Pro Tem Schiffner asked if
Council could refuse the e~ension. Councilwoman Brinley stated
that Council could refuse the extension or condition the e~ension.
She suggested amending Condition No. 26 to require Lusk to meet
with the homeowners and come to a resolution. Councilman Buckley
suggested putting teeth in Condition No. 26 and narrow the time line
which provides the window of opportunity to meet with the property
owners.
Mayor Pro Tem Schiffner noted that given the past history of this
project he felt that there was no agreement that could be reached. He
noted that Lusk would either have to come to an agreement with the
property owners or revise the Tentative Track Map to include
retaining walls and he was not sure that Council would even approve
the retaining walls.
PAGE SIX - STUDY SESSION - FEB.12, 2002
Councilwoman Brinley stated that she did not want the property
owners to lose their view shed.
Mayor Kelley assured Mr. Hewison the issue would be addressed at
the City Council Meeting.
Councilman Hickman addressed Item No. 33, regarding the Change
Order for McVicker Fire Station - Triquest Builders. He asked why
the site was changed to McVicker Park instead of using the original
site located on Lincoln Street, since it was so much more expensive to
build on the park site. City Manager Watenpaugh explained that the
relocation of the site was at the request of the Fire Department. He
fi~rther eaplained that they had requested that the site be moved to a
higher elevation. Mayor Pro Tem Schiffner noted that four years ago
it was proposed to place a temporary Fire Station at Lincoln and
Machado Street and the surrounding residents opposed that action due
to noise.
Mayor Kelley addressed Item No. 36, regarding LSA Associates
Traffic Impact/Koadway Fee Program and stated that it had taken
LSA far too long to produce the project. She questioned what the
problem was with the project. City Manager Watenpaugh explained
that staff had the first draft for review and what was before Council
was a request for additional funds for monies they expended preparing
documents and additional time in research for data to facilitate the
comparison. Community Development Director Brady stated that
staff was in the process of commenting on the original program that
was submitted and it would be mailed to them tomorrow. He
indicated that a Study Session would be proposed for Mid March with
the Council and Development Community to review the fee process.
He explained that the original model addressed total build out and the
circulation element did not match which threw the study off, however
staff instructed them to revise the model to 20 to 25 year build out,
which was another reason it took longer than originally expected.
Mayor Kelley stated her frustration, since Council wished to have the
study complete prior to the County having their TUMF Fee in place.
PAGE SEVEN - STUDY SESSION - FEB. 12, 2002
Councilwoman Brinley stated that Council had been waiting for the
study for over a year and stated that she felt it needed to be addressed
quickly. She stressed her frustration and asked Community
Development Director Brady to expedite the matter within the next
thirty days. Councilman Hickman asked how the study would be
impacted by the habitat. Community Development Director Brady
stated that the study was based on existing Land Use and did not
include the possible habitat; however not going to full build out and
the land lost to habitat would offset each other. Councilman Hickman
questioned the purchase of necessary software for the program.
Community Development Director Brady stated that the City would
have the data, however the City did not own the program to run the
data. He explained that in order to run the program the City would
ha~e to purchase the program or utilize LSA's services. Councilman
Hickman questioned the price of the software. Community
Development Director Brady stated that it would cost approximately
$10,000. Councilman Schiffner concurred with Mayor Kelley and
Councilwoman Brinley regarding frustration at the length of time it
had taken to produce the study and the additional cost, however the
study must be finished and the City had little choice but to proceed.
He noted that all of the money was reimbursable from the Fees once
the program was implemented. Councilwoman Brinley noted that
when the Council approved the contract with LSA, the study was
suppose to take 90 days, and now Council was looking at almost a
year and the study was not complete. She indicated that staff needed
to stay on top of the situation and make sure that the firm produced
the product that the City contracted for.
Councilman Hickman addressed Item No. 39, regarding the Pro-Rata
Contribution and TiTMF Consultant Activities. City Manager
Watenpaugh explained that the pro rata share of the Traffic Mitigation
Fee was a request that came from WRCOG last October and was
tabled by Council. He indicated that Council tabled the item to
provide an opportunity to track the program and to allow the City's
PAGE EIGHT - STUDY SESSION - FEB.12, 2002
TUMF to be in place. He explained that the City had just received
another request from WRCOG asking the City to reconsider their Pro-
Rata Contributions for the Region in the amount of $2,400.
Councilman Hickman questioned the WRCOG collection of the
TUMF. City Manager Watenpaugh explained that it would be a fee
placed on a regional basis for every residential unit and commercial
development, which would pay a portion of street improvements,
roads, etc. Mayor Kelley noted that the item was tabled in October
because so much money had been spent on the whole process due to
WRCOG underestimating the total cost. Mayor Kelley asked how
much the Regional TiJMF has cost to date. City Manager
Watenpaugh stated that it was approximately $22 million. Mayor
Kelley noted that the project was still not done and when WRCOG
has overruns, they look to their members to make up the difference.
Councilman Buckley stated that he was under the impression that the
Regional Study should have been complete some time ago and noted
that they seemed to have experienced the same thing as the City with
LSA. Councilwoman Brinley stated that the private sector would~
expect a job done in a timely fashion, however because the~firms are
working for government they do not feel that they need to follow the
same business practices. She noted how frustrating the situation was.
Councilman Buckley addressed Item No. 40, regarding Park
Maintenance Assessment District - Proposal from Harris and
Associates and asked for clarification on the Council's vote. He
stated that if the Council did not approve going forward with the item,
the assessment was essentially dead. Mayor Kelley agreed.
Councilman Buckley stated that if the item were approved, then there
would be another vote in ApriL Mayor Kelley agreed and explained
that the item before Council, if approved, would allow Harris and
Associates to move forward with the next step to prepare the item for
the ballot procedure.
City Attorney Leibold asked that after Closed Session was adjourned
and the Council reconvened into Public Session that she be allowed to
announce the Closed Session Report in the beginning of the Meeting.
PAGE NINE - STUDY SESSION - FEB. 12, 2002
Redevelopment Aeency Agenda Review
No Comments.
ADJOURNMENT
THE CITY COUNCIL/REDEVELOPMENT AGENCY STUDY
SESSION WAS ADJOiIRNED AT 4:50 P.M.
GE ~ KELLEY, AYO
C~Y OF LAKE ELSINO
Respectfully submitted,
~
dria L. Paredes, Deputy City Clerk
,M.C., CITY CLERK
~IUMAN RESOURCES DIRECTOR
~~'Y'~Y ~T LAKE ELSINORE