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Home My WebLink About2009-01-27 City Council Agenda CITY OF LAKE ELSINORE CITY COUNCIL AGENDA ROBERT MAGEE, MAYOR WWW.LAKE- ELSINORE.ORG MELISSA MELENDEZ, MAYOR PRO TEM (951) 674 -3124 PHONE AMY BHUTTA, COUNCILWOMAN (951) 674 -2392 FAX THOMAS BUCKLEY, COUNCILMAN LAKE ELSINORE CULTURAL CENTER DARYL HICKMAN, COUNCILMAN 183 NORTH MAIN STREET ROBERT A. BRADY, CITY MANAGER LAKE ELSINORE, CA 92530 ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** TUESDAY, JANUARY 27, 2009 STUDY SESSION AT 4:00 P.M. CLOSED SESSION AT 5:00 P.M. PUBLIC SESSION AT 7:00 P.M. The City of Lake Elsinore appreciates your attendance. Citizens' interest provides the Council and Agency with valuable information regarding issues of the community. Meetings are held on the 2nd and 4 Tuesday of every month. In addition, meetings are televised live on Time Warner Cable Station Channel 29 and Verizon Subscribers can view the meetings on Channel 31. If you are attending this City Council Meeting, please park in the parking lot across the street from the Cultural Center. This will assist us in limiting the impact of meetings on the Downtown Business District. Thank you for your cooperation. The agenda is posted 72 hours prior to each meeting outside of City Hall and is available at each meeting. The agenda and related reports are also available at the City Clerk's Office on the Friday prior to the Council meeting and are available on the City's web site at www.lake - elsinore.orq. Any writings distributed within 72 hours of the meeting will be made available to the public at the time it is distributed to the City Council. In compliance with the Americans with Disabilities Act, any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the City Clerk's Office at (951) 674 -3124, ext. 269, at least 48 hours before the meeting to make reasonable arrangements to ensure accessibility. CALL TO ORDER -- 5:00 P.M. CLOSED SESSION 1(a) CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION pursuant to subdivision (a) of Government Code § 54956.9 – City of Canyon Lake v. City of Lake Elsinore, et al (Riverside Superior Court Case No. 513811 1(b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) PROPERTY: APN 375 - 250 - 026, - 027, 375 - 942 - 015 CITY NEGOTIATOR: City Manager Brady NEGOTIATING PARTIES: City of Lake Elsinore, Denise Fleming, and Tim Fleming UNDER NEGOTIATION: Price and terms of payment 1(c) CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: (2 potential cases) CALL BACK TO ORDER (7:00 P.M.) PLEDGE OF ALLEGIANCE INVOCATION — MOMENT OF SILENT PRAYER ROLL CALL CLOSED SESSION REPORT PRESENTATIONS /CEREMONIALS Council recognition of Chief Deputy Louis Fetherolf Council recognition of Raviolis, 2008 Business of The Year Council recognition of Steve Wallace for assisting with Winterfest Help Our People in Elsinore (HOPE) Update presented by Ron Hewison PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 1 MINUTE (Please read & complete a Speaker's Form at the podium, prior to the start of the City Council Meeting.) PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES (Please read & complete a Speaker's Form at the podium, prior to the start of the City Council Meeting. The Mayor will call on you to speak, when your item is called.) CONSENT CALENDAR (All matters on the Consent Calendar are approved on one motion, unless a Councilmember or any member of the public requests separate action on a specific item.) (2) Approval of City Council Minutes Recommendation: That the City Council approve the following Minutes: a) Joint City Council /Redevelopment Agency Meeting — January 13, 2009 b) Regular City Council Meeting — January 13, 2009. (3) Warrant List Dated January 15, 2009 Recommendation: Authorize payment of Warrant List Dated January 15, 2009. (4) Investment Report — December 2008 Recommendation: Receive and file. (5) Claims Against the City Recommendation: Reject the claims of Yesenia Loza, Nicole Thomas, and Chris Urianza and direct the City Clerk's Office to send a letter informing the claimants of the decision. (6) Notice of completion for Grand Avenue Recommendation: The City Council: a) Approve Change Order No. 3 for $40,036. b) Authorize the City Manager to execute Change Order No. 3. c) Authorize the Mayor to sign the Notice of Completion and have the City Clerk file the Notice for recordation. (7) Appointment to the Western Riverside Council of Governments TUMF Zone Committee Recommendation: That the City Council approve the appointment of Mayor Magee as the Delegate and Thomas Buckley as the Alternate to the TUMF Zone Committee. (8) Local Government Waste Tire Cleanup & Amnesty Event Grant Program Recommendation: The City Council: a) Adopt Resolution No. 2009 - b) Adopt the Purchasing Policy as required by the grant application. c) Direct the City Manager to execute the grant application. (9) Agreement between County of Riverside and City of Lake Elsinore for Improvements to Dexter Avenue Recommendation: The City Council approve the agreement with Riverside County for the repair and reconstruction of Dexter Avenue and direct the Mayor to execute the agreement with the County of Riverside. (10) Mutual Settlement Agreement and Release for City of Canyon Lake v. City of Lake Elsinore Litigation Recommendation: The City Council: a) Approve the attached Mutual Settlement Agreement and Release, subject to any modification consistent with the above - referenced terms as may be approved by the City Attorney. b) Authorize the Mayor to execute the final form of the Mutual Settlement Agreement and Release on behalf of the City of Lake Elsinore and the individual Councilmembers. c) Authorize the City Attorney to prepare and execute any other ancillary pleadings necessary to make the Mutual Settlement Agreement and release binding upon all parties. PUBLIC HEARING(S) No public hearings are scheduled. APPEAL(S) (11) Conditional Use Permit No. 2008 -17 and a minor Design Review — "Royal Street Communications Cellular Tower Facility Co- Locatinq at a Height of Sixty Five Feet (65') on an Existing Tower" Recommendation: The City Council either: a) Uphold the Planning Commission's November 18, 2008 decision to approve the Project subject to conditions of approval number 9; or b) Uphold the Planning Commission's November 18, 2008 decision to approve the Project but relieve the applicant from condition of approval number 9; or c) Uphold the Planning Commission's November 18, 2008 decision to approve the Project but with certain modifications to conditions of approval number 9. BUSINESS ITEM(S) (12) Six (6) Month Review Regarding Conditional Use Permit No. 2008 -09 For Live Music, Dancing, and Entertainment within the Restaurant Area of an Existing Bowling and Entertainment Center (Trevi Lanes) Located at 32250 Mission Trail Recommendation: The City Council consider the following options: a) Bring forward a request to modify the existing CUP in order for the new stage area to be considered, obtain all building division approvals for tenant improvements, and meet all conditions of approval within a specified time frame. b) Order the applicant to demolish (with appropriate building permits) the unpermitted stage, meet all conditions of approval, and obtain building permits for tenant improvements within a specified time frame. c) Refer the item to the Planning Commission for consideration of revocation of the CUP. In addition to the above options, the City Council may also choose to impose additional conditions of approval requested by the Riverside County Sheriff, which include but are not limited to the following: • State licensed and bonded security staffing • Minimum two (2) week notification prior to a heavily attended event taking place • Copies of all proposed advertisements and a list of advertisement locations (websites, radio, newspapers, television, etc.) related to heavily attended events. (13) Washington, D.C. Advocacy and Fiscal Year 2010 Federal Agenda Recommendation: Approve the proposed 2010 federal agenda and direct staff and The Ferguson Group to prepare and submit the necessary appropriations request documentation and authorize the City delegation to return to Washington, D.C. for meetings on March 2 -3, 2009. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES (Please read & complete a Speaker's Form at the Podium, prior to the Start of the City Council Meeting) CITY MANAGER COMMENTS CITY ATTORNEY COMMENTS COMMITTEE REPORTS CITY TREASURER COMMENTS CITY COUNCIL COMMENTS ADJOURNMENT The Lake Elsinore City Council will adjourn to a regular meeting to be held on Tuesday, February 10, 2009 at 5:00 p.m. to be held in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. AFFIDAVIT OF POSTING I, CAROL COWLEY, Interim City Clerk of the City of Lake Elsinore, do hereby affirm that a copy of the foregoing agenda was posted at City Hall, 72 hours in advance of this meeting. / /ss // CAROL COWLEY DATE INTERIM CITY CLERK