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HomeMy WebLinkAbout08-02-1994 Special City Council Minutes MINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 2, 1994 - ***************************************************************** CALL TO ORDER The Special City Council Meeting was called to order by Mayor Washburn at 7:00 p.m. PLEDGE OF ALLEGIANCE The Pledge Of Allegiance was led by Councilman Pape. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, BENDER, PAPE, WASHBURN ABSENT: COUNCILMEMBERS: CHERVENY Also present were: City Manager Molendyk, Administrative Services Director Boone, Community Services Director Sapp, Special Projects Manager Watenpaugh, Public Services Director Tecca, Deputy City Clerk Bryning. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following item: Item No.3. - CONSENT CALENDAR MOVED BY BENDER, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. Resolution Nos. 94-37, 94-38, and 94-39 - Confirminq the Fiscal Year 1994-95 Special Taxes for Community Facilities District Nos. CFD 91-2, CFD 88-3 and CFD 90-3. RESOLUTION NO. 94-37 A RESOLUTION OF THE CITY COUNCIL 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. (CFD 91-2) RESOLUTION NO. 94-38 - A RESOLUTION OF THE CITY COUNCIL 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. (CFD 88-3) RESOLUTION NO. 94-39 A RESOLUTION OF THE CITY COUNCIL 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. (CFD 90-3) PAGE TWO - SPECIAL CITY COUNCIL MINUTES - AUGUST 2, 1994 2. Resolution Nos. 94-40, 94-41, 94-43 and 94-44 - Confirming Fiscal Year 1994-95 Special Assessments for Assessment District Nos. AD 87-2, AD 89-1, AD 86-1, AD 90-1A and AD 93-1. RESOLUTION NO. 94-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES. (AD NO. 87-2) RESOLUTION NO. 94-41 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES. (AD NO. 89-1) RESOLUTION NO. 94-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES. (AD NO. 86-1) RESOLUTION NO. 94-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES. (AD NO. 90-lA) -" RESOLUTION NO. 94-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES. (AD NO. 93-1) PUBLIC HEARING 3. City-wide Lightinq and Landscape Maintenance District Special Assessment for Fiscal Year 1994-95. Administrative Services Director Boone noted that this is a public hearing for the 1994-95 City-wide Lighting and Landscape Maintenance District Assessments. He explained the procedures that were followed and explained the recommended increase of 26.9%. He stated that staff recommends that Council approve the Assessment Schedule for FlY 1994-95. Mayor Washburn opened the public hearing at 7: 04 p.m. and called upon those persons who submitted requests to speak: - Robert DuPree, 22386 River Road, Perris, stated that he was not aware of the meeting in June and he had written a letter to Mr. Boone stating his objections. He explained that his parcel is on El Torro Road and is part of the North Peak Annexation which was annexed approximately 2 years ago. He PAGE THREE - SPECIAL CITY COUNCIL MINUTES - AUGUST 2, 1994 - explained that it is a parcel of a little over 20 acres and he that he does not mind paying his fair share, but he did not feel that the assessment for lighting and landscaping was an appropriate amount for land that is unimproved and will not benefit from the assessment for a number of years. He stated that during the annexation proceeding he was led to believe that his assessment would be about the same as the assessment was for Ortega Trails which was $39 a year, and it was not disclosed during the hearing that the amount would be so much higher. He stated that the amount he now pays is 24 times the amount that he previously paid. He stated that he had talked to Mr. Kapanicas and he had stated that there was a possibility of getting his property rezoned to allow for a more fair amount to be charged. Mr. DuPree stated that he felt that Mr. Boone had not addressed his concerns and that if there is no action taken by the City to adjust the assessment, then he will be forced to file a class action suit. Mayor Washburn asked if Mr. DuPree had his assessor's number available as well as the amount assessed. Mr~ DuPree stated that the amount was $758.88 and that the Assessor's Parcel No. is 347-380-014-3. - Adel Abusamra, 32655 Rachel Circle, Dana Point, stated that he owns 48 acres of vacant land close to Highway 74, north of I- 15, and is in the middle of what was once the Ramsgate Project. He stated that he receives no benefits on his property and it is located in a Rural Residential Zone. He stated that his Assessor's Parcel Nos. are 347-110-018, 023, and 029 and in 1991/92 his assessment per parcel was $4.82. He explained that in 1992/93 it was raised to $349., $509., and $63 and is still assessed at that amount. Mr. Abusamra explained his comnlunication with the City and BS! and he feels that he has received no assistance in regard to this financial burden. He stated that it will probably be 7 to 10 years before there are possible improvements to his property and that he does not mind paying his fair share for the City, but that the amount he is required to pay is excessive. He asked that Council reconsider the amount assessed against his parcels and reduce the assessment in an act of fairness. Mayor Washburn then asked for any person who wished to speak on the subject to come forward. Hearing no one the public hearing was closed at 7:17 p.m. - Jeff Cooper, BS1, explained the methodology of the City-wide Lighting and Landscape Maintenance District special Assessment and explained that if a change occurs in one area of the assessment, then it will affect the other areas and change them. He noted that when the Assessment District was formed in 1988 the City did not have as much vacant property as it does now, due to the number of annexations that have occurred since the formation of the District. He stated that it is possible to review the assessments on the vacant properties mentioned and examine the benefits which are received or will be received by the assessment and make possible adjustments for the future but not at this time. Mayor Washburn stated that in past years the classification could have been in error, or the benefit could have been in error, but he felt that BS! had removed most of the problems with individual parcels. He explained that if the classification is correct and the benefit assignment is correct, then there is very little that one can do to satisfy PAGE FOUR - SPECIAL CITY COUNCIL MINUTES - AUGUST 2, 1994 the concerns of the two gentlemen that testified at this hearing. Mr. Cooper stated that it would not be possible to adjust for this year, but if BSI received direction they could review the annexed areas and analyze the facts to see if there is justification to make a change in the assessment schedule. Councilman Bender clarified the amount of EDUs in Zone A. He asked how much vacant land was in Zone A. Mr. Cooper stated that the majority of the vacant property is in Zone A. He explained that there may be a small vacant lot between developed property in other zones, but the majority of vacant -- property is in Zone A which is in the lowest rate zone. Councilman Bender asked what the rationale for the 20% reduction is for the EDUs in that zone when it is a .2 for the first acre and 1.2 for each acre beyond that. Mr. Cooper explained the basic concept which was based on a minimum City lot size which is 7,000 square feet, and divided it into the square footage of one acre which equals six units per acre, which is the formula for any acreage which is nonresidential. He stated that the study is based on single family homes which are equal to one unit. He further explained that the 1.2 is the 6 times .2. He explained the .2 factor based on 80% improvement of a parcel and 20% is the value of the land and the 80% reduction is removing the improvement. Therefore, the first acre is treated as single family residential and the remainder of the acreage is based on 20% times the 6 EDUs per acre to allow for the vacant land. He stated that this formula was prepared prior to the City's annexations and stated that if the Council wishes to direct BSI, they will review the formula and see if there is a justification for having two different rates for vacant land. He stated that if the rates were changed at this meeting, then the other rates could not be adjusted, and the district would take a loss. Mayor Washburn asked about the effects of changing the assessments. Mr. Cooper stated that the only options that Council has are to approve the assessment or decrease it. -- Mayor Washburn asked if the full amount for the Soccer and Little League field maintenance and lighting is calculated in the Assessment District. Administrati ve Services Director Boone stated that it is. Mayor Washburn asked if Council would allow the persons in opposi tion to speak in rebuttal for two minutes. Council concurred. Mariana Mohylyn stated that she had 80 acres in the Summerhill area and the taxes were $3,000 per year and after the different assessments were put into place her taxes were raised to $12,000 then to $15,000 per year. She stated that there have been no improvements to her property and that the assessments are unfair. She stated that the persons who receive the benefit from the assessment are the ones who should contribute, and not the ones who have no improvements. MOVED BY PAPE, SECONDED BY BENDER TO APPROVE THE ASSESSMENT SCHEDULE FOR THE CITY-WIDE LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT SPECIAL ASSESSMENT FOR FISCAL YEAR 1994-95. - Robert DuPree stated that the formula was based on property prior to annexation and he challenged the formula and stated that it was in conflict. He emphasized that the formula is unfair. PAGE FIVE - SPECIAL CITY COUNCIL MINUTES - AUGUST 2, 1994 - Mayor Washburn stated that if the property is viewed as vacant and charged the Zone A amount then they would have to be locked in and would be denied rezoning or the ability to sub- divide unless money is collected from past years for the LLMD assessment. He explained that the property can be rezoned to maximize the use and can end up being 6.5 units per acre without having contributed to the City-wide Lighting and Landscape Maintenance District at this time other than what has been currently assessed. Adel Abusamra stated that the market today for land is not what it used to be and explained that in regard to his land, it is a real possibility that nothing will be able to be done for the next 7 to 10 years. He stated that he felt that the formula is unfair for vacant land and if he were to improve at this time under current zoning he would not be able to put more than one house per ten acres and that is causing an unfair financial burden on him. He further stressed that he has received no cooperation from staff. - Councilman Alongi stated that there are things on the assessment that he does not agree with, but he does feel that when the public insists on parks, lighting, community centers and beaches that the total community must pay for this. He explained that he did not have a problem assessing the parcels as one unit each, but if the zoning is changed then back assessments must be figured. Councilman Alongi stated that one of the things that he does not like to see on the Maintenance District is the Stadium. He explained that the total community does not benefit from the Stadium and he does not think that it should be a part of the District. Mayor Washburn stated that it is for the lighting and landscaping in the right-of-way only. Councilman Alongi stated that the improvements would not have gone in if the Stadium had not gone in. He explained that if anything the commercial properties around the Stadium should be assessed for the improvements and not City-Wide. He stated that he has no problem with all the other items in the District. Councilman Alongi stated that he does not like assessments, but it is a catch 22, and the facilities and maintenance must be paid. Councilman Pape stated that removal of the Stadium right-of- way because the entire community does not use it is not fair. He stated that most of the community does not use the Cultural Center or the Community Center or all of the parks. Councilman Alongi stated that those facilities do not charge the public for their use. Councilman Pape stated that the Stadium is going to be bringing more business into the area which will benefit the entire City. - Councilman Bender stated that any property in the City of Lake Elsinore derives a benefit form having the City's name on it. He stated that he does concur with both of the gentlemen who spoke tonight, that this is not the best method, but there must be some method to support this assessment. He stated that the formula can be examined for the future, but he is unwilling to change the formula at this hearing. Councilman Bender stated that he felt that the parks and facilities within the City are owned by the entire city and should be paid for by the entire City no matter what or when the facilities are used. PAGE SIX - SPECIAL CITY COUNCIL MINUTES - AUGUST 2, 1994 THE FOREGOING MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE. COUNCILMAN ALONGI STATED THAT HIS VOTE IS UNDER PROTEST FOR NOT REMOVING THE STADIUM, BUT HE DOES VOTE AYE FOR THE ASSESSMENT. AYES: COUNCILMEMBERS: ALONGI, BENDER, PAPE, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: CHERVENY - ADJOURNMENT MOVED BY WASHBURN, SECONDED BY BENDER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE SPECIAL CITY COUNCIL MEETING AT 7:45 P.M. Respectfully submitted, ATT,EST: ...., ()\ .. ~ I CJ4'.,~\ VICKI KASAD, CITY CLERK -