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Home My WebLink About2009-12-22 Agenda Page 1 of 8 CITY OF LAKE ELSINORE CITY COUNCIL AGENDA MELISSA A. MELENDEZ, MAYOR WWW.LAKE- ELSINORE.ORG AMY BHUTTA, MAYOR PRO TEM (951) 674 -3124 PHONE THOMAS BUCKLEY, COUNCILMEMBER (951) 674 -2392 FAX DARYL HICKMAN, COUNCILMEMBER LAKE ELSINORE CULTURAL CENTER ROBERT E. MAGEE, COUNCILMEMBER 183 NORTH MAIN STREET ROBERT A. BRADY, CITY MANAGER LAKE ELSINORE, CA 92530 TUESDAY, DECEMBER 22, 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. 262, at least 48 hours before the meeting to make reasonable arrangements to ensure accessibility. Lake Elsinore City Council Agenda Regular Meeting of December 22, 2009 Page 2 of 8 CALL TO ORDER - 5:00 P.M. CLOSED SESSION (1) CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 1 potential case CALL BACK TO ORDER (7:00 P.M.) PLEDGE OF ALLEGIANCE INVOCATION — MOMENT OF SILENT PRAYER ROLL CALL CLOSED SESSION REPORT PRESENTATIONS / CEREMONIALS Recognition of past Mayor Veterans of Temecula Valley Presentation 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 Lake Elsinore City Council Agenda Regular Meeting of December 22, 2009 Page 3 of 8 (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) Warrant List Dated December 15, 2009 Recommendation: Authorize payment of Warrant List dated December 15, 2009. (3) Investment Report — November 2009 Recommendation: Receive and file. (4) Resolution Establishing a Policy to Delegate Claims Handling Responsibility to the California JPIA Recommendation: Adopt Resolution No. 2009- establishing a Policy which delegates Tort Liability Claims Handling Responsibilities to the California JPIA. (5) Termination of the Proclamation of the City Council Suspending Burning Permits and Other Uses of Open Fire Recommendation: Terminate the attached proclamation suspending the issuance of burn permits and other uses of open fire. PUBLIC HEARING(S) (6) Zoning Ordinance Text Amendment No. 2008 -04; a request to Repeal Chapter 19.08 and add a new Chapter 19.08 Regarding Water Efficient Landscaping ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, Lake Elsinore City Council Agenda Regular Meeting of December 22, 2009 Page 4 of 8 APPROVING TEXT AMENDMENT NO. 2008-04 REPEALING THE EXISTING CHAPTER 19.08 AND REPLACING IN ITS ENTIRETY A NEW CHAPTER 19.08 FOR WATER EFFICIENT LANDSCAPING (WRCOG MODEL) ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TEXT AMENDMENT NO. 2008-04 REPEALING THE EXISTING CHAPTER 19.08 AND REPLACING IN ITS ENTIRETY A NEW CHAPTER 19.08 FOR WATER EFFICIENT LANDSCAPING (STATE MODEL) Recommendations: 1. Adopt Resolution No. approving Negative Declaration No. 2008 -11 (WRCOG Model); or, alternatively, Adopt Resolution No. approving Negative Declaration No. 2008 -11 (State Model). 2. Waive further reading and introduce by title only an Ordinance approving Text Amendment No. 2008 -04 repealing the existing Chapter 19.08 and replacing in its entirety a new Chapter 19.08 for Water Efficient Landscaping (WRCOG Model) repealing the existing Chapter 19.08 and replacing in its entirety a new Chapter 19.08 which includes the attached draft Water Efficient Landscape Ordinance (WRCOG Model), or, alternatively: Waive further reading and introduce by title only an Ordinance approving Text Amendment No. 2008 -04 04 repealing the existing Chapter 19.08 and replacing in its entirety a new Chapter 19.08 for Water Efficient Landscaping (State Model). 3. If the City Council elects to adopt the State Model Ordinance, consider the Planning Commission recommendation to direct staff, if financially feasible, to come back to the Planning Commission with a draft Ordinance that is tailored to the City of Lake Elsinore. Lake Elsinore City Council Agenda Regular Meeting of December 22, 2009 Page 5 of 8 (7) An Ordinance of the City of Lake Elsinore Approving the First Amendment to Development Agreement Between the City of Lake Elsinore and Pardee Homes, Successor -In- Interest to Pardee - Grossman / Cottonwood Canyon, Et Al. Recommendation: Waive further reading and introduce by title only an Ordinance approving First Amendment to Development Agreement between the City of Lake Elsinore and Pardee Homes, Successor -In- Interest to Pardee - Grossman / Cottonwood Canyon, et al. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND PARDEE HOMES, SUCCESSOR -IN- INTEREST TO PARDEE- GROSSMAN /COTTONWOOD, ET AL. (8) Tentative Parcel Map No. 36123, and Industrial Design Review No. 2009 -02, for Pasadena Business Park Recommendation: 1. Adopt a resolution adopting findings of consistency with the Western Riverside Multiple Species Habitat Conservation Plan (MSHCP). 2. Adopt a resolution approving Tentative Parcel Map No. 36123. 3. Adopt a resolution approving Industrial Design Review No. 2009 -02. APPEAL(S) None. BUSINESS ITEM(S) (9) City of Lake Elsinore Implementation Agreement with Western Riverside Council of Governments (WRCOG) Regarding California Assembly Bill 811 Recommendations: Lake Elsinore City Council Agenda Regular Meeting of December 22, 2009 Page 6 of 8 1. Adopt a resolution to consent to include properties within the City's incorporated area in the Western Riverside Council of Governments Contractual Assessment Program to finance distributed generation renewable energy sources and energy efficiency improvements. 2. Adopt the draft Implementation Agreement between Western Riverside Council of Governments and the City of Lake Elsinore in order to implement Assembly Bill (AB) 811. (10) Second Reading — An Ordinance of the City Council of the City of Lake Elsinore, California, Amending Chapter 16.83 of the Lake Elsinore Municipal Code Regarding the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program Recommendation: Waive further reading and adopt the attached Ordinance entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 16.83 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING THE WESTERN RIVERSIDE COUNTY TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) PROGRAM (11) Second Reading — An Ordinance of the City Council of the City of Lake Elsinore, California, Amending Chapter 15.72 of the Lake Elsinore Municipal Code Regarding Grading Standards by adding Section 15.72.065 and Amending Sections 15.72.020, 15.72.030, 15.72.050 Subpart F and 15.72.070 Subparts A and B Recommendation: Waive further reading and adopt the attached Ordinance by title only: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 15.72 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING GRADING STANDARDS BY ADDING SECTION 15.72.065 AND AMENDING SECTIONS 15.72.020, 15.72.030, 15.72.050 SUBPART F AND 15.72.070 SUBPARTS A AND B Lake Elsinore City Council Agenda Regular Meeting of December 22, 2009 Page 7of8 (12) An Interim Urgency Ordinance of the City of Lake Elsinore Establishing a 45 -Day Moratorium on the Establishment and Operation of all Marijuana Manufacturing Activities Pursuant to Government Code Section 65858 Recommendation: 1. Waive further reading and adopt by a four -fifths vote the attached Ordinance by title only: ORDINANCE NO. AN INTERIM URGENCY ORDINANCE OF THE CITY OF LAKE ELSINORE ESTABLISHING A 45 -DAY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF ALL MARIJUANA MANUFACTURING ACTIVITIES PURSUANT TO GOVERNMENT CODE SECTION 65858 2. Direct staff to begin studying the regulation of Marijuana Manufacturing Activities and present the City Council with additional information at a future date. (13) Participation in Southwest Cities Coalition Recommendation: Appoint two members and the City Manager to the Southwest Cities Coalition Subcommittee. (14) Council Council Appointments to Various Organizations Recommendation: Confirm the appointment of delegates and alternates as contained in the attachment to this report. 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 Lake Elsinore City Council Agenda Regular Meeting of December 22, 2009 Page 8of8 CITY ATTORNEY COMMENTS COMMITTEE REPORTS CITY COUNCIL COMMENTS ADJOURNMENT The Lake Elsinore City Council will adjourn to a regular meeting to be held on Tuesday, January 12, 2010, 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, DEBORA THOMSEN, 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. Debora Thomsen Debora Thomsen, CMC City Clerk, City of Lake Elsinore, California