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HomeMy WebLinkAbout03-27-2001City Council/RDA MinutesMINUTES CITY COUNCIL/REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY MARCH 27, 2001 ......................................................................... CALL TO ORDER Mayor Schiffner called the City CounciURedevelopment Agency Study Session to order at 4:00 p.m. ROLL CALL PRESENT: COUNCILMEMB~:RS: ABSENT: COUNCILMEMBERS: KELLEY, SCHIFFNER BRINLEY, METZE, PAPE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Community Development Director Brady and Deputy City Clerk Bryning. DISCUSSION ITEM Agenda Review. City Manager Watenpaugh addressed Item C, regarding an update presentation on Lake Elsinore Water Issues. He explained that Information/ Communications Manager Dennis and Community Services Director Sapp would provide a power point presentation. He indicated that this would be for information only and was not intended for discussion. He noted that at the end of the presentation it would be announced that the City would be forming workshops and public meetings to address the issue and allow the community to ask questions and state their concerns. Councilwoman Kelley noted that Information/Communications Manager Dennis would be doing the same presentation for Vision and Views; and that they would be filming at 1:30 p.m. tomorrow. Councilwoman Kelley addressed Item B, regarding the donation of a painting by Jon Serl . She asked if there was any form that Mr. Billy should fill out. City Manager Watenpaugh stated that the donation had to be done at a public meeting to indicate that it was being donated to the City and the Council would accept the painting on behalf of the City. Councilwoman Kelley noted that she had promised Mr. Billy that Mr. Serl's painting would be framed and a plaque mounted on the frame with special verbiage. City Manager Watenpaugh stated that Council could direct staff to do so. PAGE TWO - STUDY SESSION - MARCH 27, 2001 Councilwoman Kelley noted that March was National Youth Art Month and she had a second grade class e~ibit of watercolors regarding the activities that could be enjoyed in Lake Elsinore. She asked if she could place the e~chibit in front of dais for display. City - Manager Watenpaugh indicated that there would be no problem with presenting the display. Mayor Schiffner asked if Chief Walsh would be present to recognize Jacob Wilkins. City Manager Watenpaugh stated that Chief Walsh was at a seminar, however Lieutenant Horton would be present. Mayor Schiffner stated that since the recognition was for Mr. Wilkins donation for Cops for Kids he thought it would be appropriate to have Lieutenant Horton stand with him during the presentation. Mayor Schiffner asked that Councilwoman Kelley accept the donation of the Jon Serl painting. Councilwoman Kelley agreed. Mayor Schiffner asked that City Manager Watenpaugh introduce the presentation on the Water Issues. He stated that at the end of the presentation he would ask President Anderson of the EVMWD Board to make some comments. City Manager Watenpaugh asked if all oYher comments would be held to the Public Comment section. Mayor Schiffner stated that he would ask Ms. Anderson for her comments and announce that all other comments would be made during the Public Comment portion of the Agenda. He noted that Ms. Anderson would be addressing the cooperation between the City and EVMWD, as well as the proposal to use the island wells. Councilwoman Kelley addressed Item No. 6, regarding the Improvements for Rehabilitation to Soccer Field Lighting at Summerlake Park, and commented on the amount of lights that were working versus the amount that were not. City Manager Watenpaugh noted that 52% of the lights were out. Mayor Schiffner clarified that the City would be replacing the bulbs with a different kind of bulb than what was currently being used. City Manager Watenpaugh confirmed. He explained that the current bulb is imported from Europe and costs approximately $450 each, versus $65 each for the suggested bulbs. Mayor Schiffner asked if the new bulbs used less energy. City Manager Watenpaugh stated that the new bulb used the same amount of energy, however the difference in cost was a major consideration. He noted that it would take appro~mately 4 to 6 weeks to have the lights up and running. Mayor Schiffner addressed Item No. 21, regarding Amendment No. 1 to Las Laguna Estates Development Agreement - Ordinance No. 1074. City Attorney Leibold explained that there was a recital in the proposed Amendment to the Development Agreement proposing a Road Construction and Conveyance Agreement (Recital No. 3). She PAGE THREE - STUDY SESSION - MARCH 27, 2001 indicated that the parties concerned have been negotiating this issue for a long time. She fixrther explained that staff felt all of the issues had been resolved and she was prepared to recommend execution of the Agreements. She noted that the property owner had raised some last minute issues; staff had corresponded with the owner regarding the issues; but now, staff was waiting for a phone response to ascertain if Council could proceed with the listed document; or if the property owner was not prepared to execute the agreement; then staff would request a continuance to the ne~ct regular City Council Meeting. Mayor Schiffner clarified that the issue had to do with the roadway and pipeline to the Fire Station. City Manager Watenpaugh asked if this should be carried to a date certain. City Attorney Leibold stated that it should be carried to a date certain to avoid renoticing. Councilwoman Kelley questioned the DAG fees and stated that they were not the same as the DAG fees for Forecast Homes. City Manager Watenpaugh reminded Council that when Rod Gunn and Don Hunt presented the economic program regarding CFD 88-3, it was their recommendation to reduce the DAG Fees to their original amount. He indicated that the original amount was $1,000 and would increased incrementally over a period of years should development not occur. He explained that the purpose of returning to the original DAG Fees was to encourage development to move forward and solve some of the problems with the CFD. Mayor Schiffner clarified that the increases were still in place should they not develop immediately. City Manager Watenpaugh confirmed. Councilwoman Kelley asked if the owner was considering the sale of the development. City Manager Watenpaugh stated that the owner indicated that he did have someone interested in developing Phase I, which was apartment buildings and had requested that they be zero lot line, free standing condominiums on the bluff portion. Mayor Schiffner requested confirmation that the road access would be taken care o£ City Manager Watenpaugh confirmed. Mayor Schiffner questioned Item No. 31, regarding the Second Reading of Ordinance No. 1073. City Attorney Leibold explained that at the last meeting modifications were made to a Condition of Approval and the developer went on record with some questions and criticisms regarding the Condition. She indicated that staff inet with the developer this morning, and they continue to have concerns with the condition. She stated that they were supposed to call this afternoon to see if some resolution could be reached, however she had not heard from them; and if they have not called to discuss their concerns, then it was possible that staff would request Council not approve the second reading. City Attorney Leibold explained that should Council not PAGE FOUR - STUDY SESSION - MARCH 27, 2001 approve a second reading, the item would have to be readvertised and reconsidered for a first reading of the same or modified conditions. Mayor Schiffner asked what the City's official position was in regard to this issue. City Attorney Leibold stated that there was clearly authority to establish Community Facilities Districts for costs. She noted that the objection of the developer related to the fact that the CFD's were not previously established; the studies were just being completed; the adoption of the establishment of the District was immanent, but not yet complete; and that was the position of the issues. Councilwoman Kelley asked if this was similar to other cities that charge the TUMF fees. City Attorney Leibold explained the distinction between a Capital as opposed to Maintenance, Operation and Service. She indicated that it was a separate issue when related to an anticipated fee that a developer volunteers to be subject to in order to get their entitlements processed without delay. Mayor Schiffner stated that once the District was established, then there would be no argument at all. City Attorney Leibold stated that because it was a Community Facilities District the developer was participatory in the District, only if they voted to include themselves. She further explained that the Development Fee such as the TUlVIF' fee for capital was adopted by ordinance, so long as the City met the statutory requirements, by showing the cost of the Capital Improvements and the benefits through a NEXLJS Study. She stated that once an ordinance was established it would be applicable City- Wide, however a CFD was property specific and a due process was necessary, which includes an election and property owner consent. Mayor Schiffner clarified that if the developer voluntarily agrees with the item, then the City could move forward. City Attorney Leibold confirmed. Mayor Schiffner asked what would happen if the developer did not agree. City Attorney Leibold stated that staff could recommend that the City move forward "as is", or recommend modifications to the condition to avoid the dispute. Mayor Schiffner asked if the City moved forward "as is", what position the City would be in. City Attorney Leibold stated that at this point she would like to wait to hear from the developer. She indicated that she would like the opportunity to work with the developer and satisfy his concerns. She explained that if the second reading were not approved, then the Council would have to return to a first reading. She stated that she would prefer not to move forward with a condition staff knows was contested and end up in a claim or threatened litigation, when staff could meet with the developer and go through the study. She stated that she would like to avoid adversity and work through the issue with the developer since it affects the value of the project. She explained that this was not a"one time fee", but rather an ongoing fee. Mayor Schiffner questioned the amount of the fee. City Manager Watenpaugh ga~e an overview of the costs of Maintenance and PAGE FIVE - STUDY SESSION - MARCH 27, 2001 Operation and noted that the fee was considerably less than the cost charged to a single-family residence, although apartments have a greater need for public safety services versus a single-family residence. Mayor Schiffner noted a necessary correction to the Second Reading date and City Attorney Leibold indicated that the fifth paragraph should read as follows: WHEREAS, the conditions recommended by the Planning Commission and City Council will be incorporated into Specific Plan Amendment Na l to ensure that the issues identified by the Planning Commission and City Council have been resolved. Mayor Schiffner addressed Item No. 32, Request for Waiver of Fees - Lake Elsinore Valley Soccer Club. He commented on the previous information the Council received which included the entire letter of request received by staff regarding the cost of lighting. He asked if staff felt that the problems were resolved and were satisfied that the request was fair. Councilwoman Kelley noted the poor lighting that occurred at the field during the last season. City Manager Watenpaugh stated that the $2,300 dollars owed was for electricity used and had nothing to do with good or bad lighting. He indicated that they used the electricity and were liable for the cost. He noted that if the other lights were functioning it would be closer to $5,000. He explained the difficulties staff had experienced with the Soccer Club and stated that staff had tried to resolve problems in the past and had no response, then the organization appealed to Council and it was made to appear that staff had never responded. He expressed his frustration. He indicated that staff was prepared to follow Council direction. Mayor Schiffner addressed Item No. 33, regarding the Commencement of Proceedings to Amend the City Corporate Boundary along Highway 74. He clarified the advantage of changing the boundary to allow the City to ha~e land along both side of Highway 74. City Manger Watenpaugh clarified the placement of the boundary and staff's recommendation. There were no comments regarding the Redevelopment Agency Agenda. City Attorney Leibold indicated that all of the Closed Session items identified would be brought forward for discussion. She noted that Item C, regarding the Stadium would be heard by both the Agency and the Council. PAGE SIX - STUDY SESSION -1VIARCH 27, 2001 City Attorney Leibold stated that it was anticipated that there would only be three Councilmembers in attendance at the meeting and explained that it would take all three votes on an ordinance to pass and not a simple majority. She stated that as Council goes through the Agenda, she would need to make sure that Council was aware of each items need for sufficient vote to carry an action. Chris Hyland, 15191 Wavecrest Drive, suggested that staff clarify Item No. 31 at the time for second reading. She stated that she did not feel reading the item by title only would provide enough clarification to the public regard the subject matter and its purpose. She addressed the Closed Session Anticipated Litigation and stated that other attorneys had told her that the name or party should be included in the description. City Attorney Leibold stated that it would depend upon the circumstances; whether or not there would be a strategic disadvantage to the agency; or whether or not the potential plaintiffs know they have a claim. She explained that the disclosure requirement depended on the circumstances, and clarified the Statute. City Manager Watenpaugh stated that he would be announcing the new Fire Chief for Lake Elsinore. ADJOURNMENT THE CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION WAS ADJOURNED AT 4:41 P.M. ~ ~ ROBERT L. SCHIF ER MAYOR CITY OF LAKE ELSINORE j , ENIE KELLEY HA OMAN REDEVELOPMENT AGENCY Respectfully submitted, ~ . G~V ~iG~/ • dr~a L. Bryning, Depu City erk PAGE SEVEN - STUDY SESSION - MARCH 27, 2001 ATTEST: V~ ~ VICKI KASA~C, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE