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Home My WebLink About2009-04-14 CC Meeting 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, APRIL 14, 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 2 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) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code § 54956.8) Property: APN: 375 - 350 -008 (Nielsens) CALL BACK TO ORDER (7:00 P.M.) PLEDGE OF ALLEGIANCE INVOCATION — MOMENT OF SILENT PRAYER ROLL CALL CLOSED SESSION REPORT PRESENTATIONS /CEREMONIALS Blue Star Certificate of Appreciation to honor Corporal Chad Nakata, United States Marine Corps Blue Star Certificate of Appreciation to honor Command Sergeant Major Walter Claude - Murray, United States Army Proclamation to recognize Autism Awareness Month Proclamation to recognize National Crime Victims' Rights Week Presentation for Business of the Quarter — Lake Elsinore Outlets Presentation by Ron Hewison for H.O.P.E 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: Approve the following minute(s): a) Joint City Council /Redevelopment Agency — March 24, 2009 b) Regular Meeting of the City Council — March 24, 2009 (3) Warrant List Dated March 31, 2009 Recommendation: Authorize payment of Warrant List dated March 31, 2009. (4) Claim Against the City Recommendation: Reject the claim of Marian Heller and direct the City Clerk's Office to send a letter informing the claimant of the decision. (5) Award of Professional Service Contract for the Design of Lakeshore Drive Overlay Recommendation: Award the consultant contract to Winzler & Kelly, Consulting Engineers for an amount not to exceed $72,300 for preparation of plans and specifications of Lakeshore Drive. (6) Sidewalk Design, Various Locations — Consultant Contract Award Recommendations: (1) Award the City's Sidewalk Project Design to consulting firm of KDM Meridian for the amount of $29,950. (2) Authorize the Mayor to execute the contract with KDM Meridian. (3) Authorize the transfer of $100,000 from funding No. 112 — Measure A and transfer it to Sidewalk Project. (7) Restated and Amended Joint Exercise of Powers Agreement Creating Riverside County Habitat Conservation Agency and Incorporating the 11 Amendment to Said Agreement; and the 1 Amendment to the Implementation Agreement Recommendation: Approve the 11 Amendment to the Joint Powers Agreement and the 1 Amendment to the Implementation Agreement. (8) Edward Byrne Memorial Justice Assistance Grant (JAG) Recommendation: Approve the application for these JAG Grant Program Funds offered by the Bureau of Justice Assistance as part of the "Recovery Act" of 2009. PUBLIC HEARING(S) (9) Public Hearing for Tentative Tract Map No. 30495 Recommendation: The City Council: (a) Adopt a resolution adopting findings that the project is exempt from the Multiple Species Habitat Conservation Plan (MSHCP). (b) Adopt a resolution approving Tentative Tract Map No. 30495. (10) Zoning Ordinance Text Amendment No. 2009 -01; A Modification to Multiple Sections of the Lake Elsinore Municipal Code (LEMC) in Order to Define Religious Assembly, Institutions and Structures, and to Broaden Certain Land Use Descriptions in an Effort to Further Comply with the Religious Land Use and Institutionalized Persons Act (RLUIPA) Recommendation: The City Council: (a) First reading of an Ordinance approving Text Amendment No. 2009 -01 in order to amend Sections 17.08.090, 17.08.160, 17.64.030, 17.68.030, 17.72.030, 17.76.020, 17.80.020, 17.84.020, 17.116.030, 17.120.030, 17.124.020, and 17.132.030 of the LEMC waive further reading; and (b) Adopt a resolution approving Negative Declaration No. 2009 -01. (11) Public Hearing for Consideration of Objections to the City's Weed Abatement Program Recommendation: Open the public hearing and give due consideration to any objections presented by the public on the date. (12) A Continued Joint Public Hearing of the Agency Board and City Council to consider the Proposed Amended and Restated Redevelopment Plans for Rancho Laguna Redevelopment Project Areas No. I, II, and III. Recommendation: The City Council defer consideration of this item until such time that the Agency Board opens its regularly scheduled April 14, 2009 meeting and at that time conduct a joint public hearing with the Agency Board in accordance with the recommendations set forth in the Agency Board's agenda. (13) Mitigated Negative Declaration No. 2008 -10, General Plan Amendment No. 2008 -01, Zone Change No. 2008 -02, and Commercial Design Review No. 2008- 09 for a project identified as "Lake Street Market Place" Recommendation: (1) Adopt a resolution adopting findings that the Project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP). (2) Adopt a resolution adopting Mitigated Negative Declaration No. 2008 -10. (3) Adopt a resolution approving General Plan Amendment no. 2008 -01. (4) First reading of an Ordinance approving Zone Change No. 2008 -02, waive further reading. (5) Adopt a resolution approving Commercial Design Review No. 2008 -09. APPEAL(S) (14) Continuance of the City Council's Action to Continue the Appeal of the Planning Commission's Action Relative to the Approval of Conditional Use Permit No. 2007 -18; a Request to Establish a "Tackle and Bait" Shop in Conjunction with a Convenience Store as well as Related On -site Improvements Located at 1604 W. Lakeshore Drive (APN 375 - 350 -008 and APN 375 - 350 -039) Recommendations: (1) Uphold the Planning Commission's January 6, 2009 decision to approve the proposed "tackle and bait" shop located at 1604 W. Lakeshore Drive; or (2) Overturn the Planning Commission's January 6, 2009 decision to approve the proposed "tackle and bait" shop located at 1604 W. Lakeshore Drive. BUSINESS ITEM(S) (15) Reciprocal Easement Agreement by and between The City of Lake Elsinore and Rodney A. Nielsen and Elaine E. Nielsen Recommendations: (1) Approve the attached Reciprocal Easement Agreement in such final form as may be approved by the City Attorney. (2) Authorize the Mayor to execute the final form of the Reciprocal Easement Agreement. (16) Purchase of Q -Star Surveillance System for Pilot Graffiti Program. Recommendation: Authorize the City Manager to process a purchase order in the amount of $23,164.24 for the purchase of Q -Star FlashCam 880 Promotional Package from Q -Star Technology. 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, April 28, 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 1, 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. / /ss // DEBORA THOMSEN, CMC DATE CITY CLERK