Create an Account - Increase your productivity, customize your experience, and engage in information you care about.
View All Posts
Posted on July 17, 2015 at 10:28 AM by City Staff
City Manager’s Report
June 17, 2015
Major General Plan Amendment Applications
Staff is processing two Major General Plan Amendment applications at this time:
It is expected that both requests will be presented to Council for consideration in August or September of this year.
Tierra Verde Lake Wall
Over the past few years, Mayor Schoaf and Staff have worked with the Laguna Royale’s HOA and a lake wall consultant to determine a plan of action to replace the existing wall at Tierra Verde Lake along the properties of Laguna Royale. Please recall that it has been determined by our City Attorney and her staff that the HOA is responsible for the maintenance, repair and replacement of the existing lake wall. However, in the spirit of cooperation, City Council has decided to share construction cost with the HOA; $400,000 by the City and $300,000 by the HOA. The City has spent nearly $100,000 to date for design and pre-construction services.
A form of Reimbursement Agreement was approved by City Council and individual Reimbursement Agreements were prepared based on the agreed contribution by the property owners. These Agreements were presented to the owners for their signature. We had been told that the owners had agreed to their contribution for the wall replacement, and were offered a 10-year reimbursement payment plan, by the City, in lieu of a cash payment for their proportionate share. The HOA had requested that the owners’ shares be calculated by the use of a per foot measurement along the lake frontage; to which the City agreed.
At the Laguna Royale HOA’s new President’s request for a meeting between City and the residents, Mayor Schoaf and I scheduled a meeting at City Hall on June 1, 2015, to update the residents on the progress of the wall design and to answer any questions they may have on the construction and Reimbursement Agreements.
After a brief introduction of those in attendance, the HOA President announced that no one is satisfied with the Reimbursement Agreement and that in the HOA’s opinion, the City is fully responsible for financing the replacement of the Lake Wall. The HOA President then advised that the HOA has retained an attorney to represent the residents, at which point Mayor Schoaf and I advised the HOA President and the residents that any further communication on this matter now needs to be between the HOA attorney and the City Attorney. The meeting lasted less than 10 minutes.
Mayor Schoaf and I were prepared to discuss with the HOA President and the residents the discovery by the lake wall consultant that, following additional field studies and testing, it would be necessary to remove the ENTIRE rear yards of the properties to construct the new lake wall. Such removal would include: a great majority of the trees, all turf areas, all irrigation systems, most concrete and paver rear patios and possibly the privacy wing walls connected to the condo structure. With the exception of the trees, all items could be replaced/restored to prior conditions; but would be very expensive. We highly doubt that the residents would have agreed to have such removals, especially their trees; and this cost far exceeded the former estimate. As such, Staff could not, and would not, recommend such a construction plan to Council and Staff would have to go “back to the drawing board,” and find a different plan of construction. However, due to the fact that they are now represented by an attorney, the discussion was never held.
At this time, Staff is working on a new plan to address the structural failure of the wall; one which will not impact the private properties to the extent that we learned on Monday, June 1, 2015. It is unfortunate that the failure of the HOA to maintain the wall in the past has resulted in the current situation, but the City is doing its best to resolve the problem in coordination with the HOA and the residents.
I will keep Council advised of any further developments in this regard.
Acacia Circles and Vista Verde Circles
The conveyance of the five (5) Peninsula HOA tracts to the City of Litchfield Park as rights-of-way was closed on June 4, 2015. The HOA completed the necessary steps to finalize the transfer, as approved by City Council on April 15, 2015. Additionally, as requested by City Council, the HOA has reimbursed the City for costs associated with the conveyance from our City Attorney ($1,831.50) and City Engineer ($2,737.50). Said professional fees totaled $4,569.00.
Darryl H. Crossman