Loading...
HomeMy WebLinkAbout12-22-2009 City Council MinutesPage 1 of 22 CITY OF LAKE ELSINORE CITY COUNCIL MEETING MINUTES December 22" 2009 CALL TO ORDER Mayor Melendez called the regular meeting of the Lake Elsinore City Council held on Tuesday, December 22" 2009 to order at 5:00 p.m. in the Cultural Center, located at 183 N. Main Street, Lake Elsinore, CA 92530. PRESENT: Mayor Melendez, Mayor Pro Tem Bhutta, Councilmember Buckley, Councilmember Hickman, Councilmember Magee. ABSENT: None. Also present: City Manager Brady, City Attorney Leibold, and City Clerk Thomsen. Staff members present included Administrative Services Director Riley, Community Development Director Weiner, Public Works Director / City Engineer Seumalo, Director of Lake and Aquatics / Parks and Recreation Director Kilroy, Information / Communications Manager Dennis, and Building / Code Enforcement Manager Chipman, and Police Chief Cleary. ' S:OQ P.M. CONVENE THE MEETING CALL TO ORDER - 5:00 P.M. RECESS TO CLOSED SESSION There was no one who wished to speak regarding a Closed Session item. CITY COUNCIL CLOSED SESSION (1) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Lake Elsinore City Council Regular Meeting Minutes of December 22, 2009 Page 2 of 22 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.) Mayor Melendez called the regular meeting of the held on Tuesday, December 22, 2009 to order at Center, located at 183 N. Main Street, Lake Elsinore, PLEDGE OF ALLEGIANCE Lake Elsinore City Council 6:65 p.m. in the Cultural CA 92530. Mayor Melendez invited Gunnery Sergeant Robert Keister to the podium to lead the audience in the pledge of allegiance INVOCATION — MOMENT OF SILENT PRAYER The Mayor led the audience in a moment of silent prayer. ROLLCALL PRESENT: Mayor Melendez, Mayor Pro Tem Bhutta, Councilmember Buckley, Councilmember Hickman, Councilmember Magee. ABSENT: None. Also present: City Wlanager Brady, City Attorney Leibold, and City Clerk Thomsen. Staff members present included Administrative Services Director Riley, Community Development Director Weiner, Public Works Director / City Engineer Seumalo, Director of Lake and Aquatics / Parks and Recreation Director Kilroy, Information / Communications Manager Dennis, and Building / Code Enforcement Manager Chipman, and Police Chief Cleary. CLOSED SESSION REPORT City Attorney Leibold gave an overview of the Closed Session items stating there was no reportable action. Lake Elsinore City Council Regular Meeting Minutes of December 22, 2009 Page 3 of 22 PRESENTATIONS / CEREMONIALS Recoqnition of Former Mavor Mayor Melendez invited Former Mayor Magee to the podium and presented him with a plaque in recognition for the service, commitment and service he has given to the Community. Former Mayor Magee thanked his Council Colleges, City Staff, and the City Manager for working together for the betterment of Lake Elsinore. Veterans of Temecula Vallev Presenfation Mr. Michael McCracken representing the Veterans of Temecula Valley noting sincere gratitude and appreciation for their contribution and service to the United States. He noted he attended an event in Lake Elsinore in November 2009, met local veterans, and invited them to Temecula for an event. He presented 4 Certificates of Recognition signed by State Senator Dennis Hollingsworth to the following Veterans: Navy Petty Officer Melissa A. Melendez Navy Lieutenant Peter Dawson Gunnery Sergeanf Robert Keister Sergeant Arthur Colunga Mr. Dawson previously presented the Council with a handout stating the reasons for his appreciation. Mayor Melendez spoke on behalf of the group stating it is an honor for any Veteran to be recognized individually, usually Veterans are recognized together. She thanked Mr. McCracken for his presentation. Proclamation for Mr. Guv Hahn: Mr. Hahn was honored for his 100th birthday, born December 25, 1909. Mayor Melendez read the Proclamation to the public which noted many of the accomplishments he had achieved in his life and thanked him for his contributions. PUBLIC COMMENTS — NON-AGENDIZED ITEMS —1 MINUTE Lake Elsinore City Council Regular Meeting Minutes of December 22, 2009 Page 4 of 22 None. CONSENT CALENDAR There was no public request to speak on any of the items. CONSENT CALENDAR (All matters on Councilmember specific item) APPROVED the Consent Calendar are approved on one motion, unless a or any member of the public requests separate action on a (2) Warrant List Dated December 15, 2009 Recommendation: Authorized payment of Warrant List dated December 15, 2009. (3) Investment Reoort — November 2009 Recommendation Received and filed. (4) Recommendation: Adopted Resolution Tort Liability Claims No. 2009-61 establishing a Policy which delegates Handling Responsibilities to the California JPIA. Passed and adopted the following Resolution: "Resolution No. 2009-61 — A Resolution the City Council of the City of Lake Elsinore, California, establishing a policy which delegates Tort Liability claims handling responsibilities to the California Joint Powers Insurance Authority as authorized by Government Code Sections 910, et seq." (5) Recommendation Approved the Proclamation which terminates suspending the issuance of burn permits and other uses of open fire. Lake Elsinore City Council Regular Meeting Minutes of December 22, 2009 Page 5 of 22 MOTION was made by Councilmember Hickman, second by Mayor Pro Tem Bhutta and unanimously carried to adopt the Consent Calendar as recommended. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. PUBLIC HEARING(S) (6) Zoninq Ordinance Text Amendment No. 2008-04: a request to Reaeal Chapter 19.08 and add a new Chapter 19.08 Reqardinq Water Efficient Landscapinq APPROVED RESOLUTION NO. 2009-62 WRCOG MODEL AND FIRST READING OF ORDINANCE WRCOG MODEL ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TEXT AMENDMENT N0.2008-04 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 N0.2008-04 REPEALING THE EXISTING CHAPTER 19.08 AND REPLACING IN ITS ENTIRETY A NEW CHAPTER 19.08 FOR WATER EFFICIENT LANDSCAPING (STATE MODEL) Recommendations 1. Adopted Resolution No.2009-62 approving Negative Declaration No.2008-11 (Western Regional Council Of Governments (WRCOG) Model) DID NOT adopt a Resolution approving Negative Declaration No. 2008-11 (State Model). Lake Elsinore City Council Regular Meeting Minutes of December 22, 2009 Page 6 of 22 2. Waived further reading and introduced 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). DID NOT 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 (State Model). 3. DID NOT elect 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. Community Development Director Weiner gave an overview of the two separate Ordinances, and identified the main component of difference is who would become the water police. He stated the item was before the Planning Commission, which proposed a recommendation to initiate a draft Ordinance which is tailored to Lake Elsinore residents only. Director Weiner introduced Ms. Danielle Coats, a representative from WRCOG, who spoke stating she was available to answer any questions in reference to the Ordinance prepared in lieu of the State's Model. There were no questions by the public or the Council. Mayor Melendez opened the Public Hearing at 7:15 p.m. Mayor Melendez confirmed there were no speakers in favor or against regarding this item and closed the Public Hearing at 7:15 p.m. Discussion was then brought to the dais. Councilmember Buckley stated he was in favor of passing the WRCOG Model, due to the difference of who is going to become the enforcement entity. He stated he felt the City did not have the experience or the expertise to do this. Lake Elsinore City Council Regular Meeting Minutes of December 22, 2009 Page 7 of 22 Mayor Melendez questioned Director Weiner stating the Planning Commission stated the difference was subjective and requested clarification. Director Weiner noted there are several alternatives before the Council, adopting the States, WRCOG or take on the task of creating our own Model. He noted an Ordinance must be adopted by December31, and presented to the State. Mayor Melendez previously questioned removing Items A through E, however, Director Weiner stated the State must approve what we adopt and noted if the items were removed, the State would have the opportunity to reject our alternative and we would be forced to adopt their State's model. Councilmember Buckley asked Ms. Coates how WRCOG came about their recommendation and proposed Ordinance. She stated a Water Task Force which consists of all Riverside County Water Districts, and the Building Industry Association. She stated they started a year ago with surveys and noted this Model is for enforcement County-wide; all cities have been invited to adopt this model. MOTION was made by Councilmember Buckley, second by Councilmember Hickman to adopt Resolution No.2009-62 thereby adopting Negative Declaration No. 2009-11 for Zoning Ordinance Text Amendment No. 2008-04 in reference to the WRCOG Model Ordinance. Mayor Pro Tem Bhutta questioned Director Weiner to clarify why the WRCOG was preferred fiscally. Director Weiner responded if the State Model were adopted, the City would have to hire and / or train to obtain the expertise needed to enforce the new water regulations. It was determined the funding for this would come from the General Fund. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. Passed and adopted the foilowing Resolution: "Resolution No. 2009-62 — A Reso/ution the City Council of the City of Lake Elsinore, California, adopting Negative Declaration No. 2009-11 for Zoning Ordinance Text Amendment No. 2008-04 (WRCOG MODEL ORDINANCE)," MOTION was made by Councilmember Buckley, second by Councilmember Hickman to waive further reading and introduce by title only an Ordinance approving Text Amendment No.2008-04 repealing the existing Lake Elsinore City Council Regular Meeting Minutes of December 22, 2009 Page 8 of 22 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). The Motion was unanimously adopted by the following roll-call vote taken by the City Clerk. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. (7) An Ordinance of the Citv of Lake Elsinore Aoprovinq the First Amendment to Development Apreement Between the Citv of Lake Elsinore and Pardee Homes, Successor-In-Interest to Pardee-Grossman / Cottonwood Canvon. et aL APPROVED FIRST READING OF ORDINANCE TO APPROVE FIRST AMENDMENT TO PARDEE HOMES DEVELOPMENT AGREEMENT Recommendation Waived further reading and introduced by title only an Ordinance 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. 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. Community Development Director Weiner gave an overview of the item stating the proposed Development Amendment was specific for the Canyon Hills area, and would approve an additional of 20 years to the existing agreement which will allow funding to make available a community park and the formation of a Community Facilities District within future development areas providing a tax assessment for park maintenance. It was noted there was no fiscal impact to the City. Lake Elsinore City Council Regular Meeting Minutes of December 22, 2009 Page 9 of 22 Mr. Mike Taylor with Pardee Homes spoke stating with the current economic situation, they were unable to build the park as originally agreed, and needed the additional funds and time the Amendment would bring. He thanked City staff and the City Attorney who have been working on this Development Agreement Amendment for the past 18 months. Mayor Melendez opened the Public Hearing at 7:27 p.m. Mayor Melendez confirmed there were no speakers in favor or against regarding this item and closed the Public Hearing at 7:27 p.m. Discussion was then brought to the dais. MOTION was made by Councilmember Magee, second by Councilmember Hickman and unanimously carried by a roll-call vote to waive further reading and introduce by title only an Ordinance 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 as recommended. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. �$) APPROVED Recommendation 1. Adopted Resolution No. 2009-63 adopting findings of consistency with the Western Riverside Multiple Species Habitat Conservation Plan (MSHCP). 2. Adopted Resolution No. 2009-64 approving Tentative Parcel Map No. 36123. 3. Adopted Resolution No.2009-65 approving Industrial Design Review No. 2009-02. Lake Elsinore City Council Regular Meeting Minutes of December 22, 2009 Page 10 of 22 Community Development Director Weiner gave an overview of the item, stating it is to build 5 concrete tilt-up buildings for a total of 39,000 square feet. He noted the buildings would be on a total of 2.62 acres. Director Weiner stated the Planning Commission unanimously approved the project and the Applicant was available if there were any questions. Mr. Carl Johnson, the applicant spoke related to the current Conditions of Approval, noting he will not be able to build until approximately 5 years, yet his Conditions state he must build in 2 year. Director Weiner stated his Conditions mirror the existing Municipal Code, but by the Municipal Code and does allow for a life of four years if approved by the Council. Mr. Johnson stated Condition Item No. 35 addressed construction time as 8:00 a.m. to 5:00 p.m. Monday through Friday; stating this is not appropriate for an industrial area. He requested to be allowed to work on Saturdays; from 7:00 a.m. to 5:00 p.m. Councilmember Buckley stated this requirement is enforced in residential areas and did not have a problem approving his request. Mr. Johnson further stated due to budget cuts, the City is no longer providing in-house fire checks noting it is currently taking 6 weeks to receive attention from Riverside County. He noted he will be placing many fire alarms and sprinklers in the buildings and is hoping this turn around can also be adjusted. City Manager Brady noted he has been working with the Riverside County Fire Chief Hawkins and the City is doing their best to resolve these issues when they arise. Mayor Pro Tem Bhutta requested clarification of what type of business Mr. Johnson is bringing into the City. His response is he is hoping to bring home repair-type business and confirmed he did not have any specific business lined up. Mayor Melendez opened the Public Hearing at 7:35 p.m. Mayor Melendez confirmed there were no speakers in favor or against regarding this item and closed the Public Hearing at 7:36 p.m. Discussion was then brought to the dais. MOTION was made by Mayor Pro Tem Bhutta, second by Councilmember Magee and unanimously carried to adopt Resolution No. 2009-63 adopting findings of consistency with the Western Riverside Multiple Species Habitat Conservation Plan (MSHCP) as recommended. Lake Elsinore City Councii Regular Meeting Minutes of December 22, 2009 Page 11 of 22 AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. MOTION was made by Mayor Pro Tem Bhutta, second by Councilmember Buckley and unanimously carried to adopt Resolution No.2009-64 approving Tentative Parcel Map No. 36123." AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. MOTION was made by Mayor Pro Tem Bhutta, second by Councilmember Magee and unanimously carried to adopt "Resolution No.2009-65 approving Industrial Design Review No. 2009-02 and allowing the applicant to work on Saturdays." AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. Passed and adopted the following Resolutions: "Reso/ution No. 2009-63 — A Resolution the City Council of the City of Lake Elsinore, California, adopting findings that the Project known as /ndustrial Design Review No.2009-02 is consistent with the Western Riverside Mu/tiple Species Habitat Conservation Plan." "Resolution No. 2009-64 — A Resolution the City Council of the City of Lake Elsinore, California, approving Tentative Parcel Map No. 36123." "Reso/ution No. 2009-65 — A Resolution the City Council of the City of Lake Elsinore, California, approving Industria/ Design Review No. 2009-02." APPEAL(S) None. Lake Elsinore City Council Regular Meeting Minutes of December 22, 2009 Page 12 of 22 BUSINESS ITEM(S) (9) Citv of Lake Elsinore Imqlementation Aqreement with Western Riverside Council of Governments (WRCOGI Reaardinq California Assemblv Bill AB 811 APPROVED Recommendations 1. Adopted Resolution No. 2009-66 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. Adopted the Draft Implementation Agreement beiween Western Riverside Council of Governments and the City of Lake Elsinore in order to implement Assembly Bill (AB) 811. City Staff Mr. Justin Carlson gave an overview of the item. He stated Western Riverside Council of Governments (WRCOG) has been working with the federal government after the passing of Assembly Bi11811 regarding efficient energy. The purpose of the WRCOG Implementation Plan is to remove financial barriers that may prevent property owners from installing energy efficiency upgrades by offering alternate financing. Mr. Carlson reported the City's relationship with WRCOG would require the City to issue the permits, and WRCOG would be responsible for implementing the program. Mr. Carlson stated WRCOG AB 811 Program Manager Ms. Barbara Spoonhourwas present if anyone had questions. Mayor Melendez confirmed there were no speakers regarding this item. Mayor Melendez had questions for Ms. Spoonhour. Mayor Melendez verified if the loan was an assessment lien attached to the property and not the homeowner; which Ms. Spoonhour confirmed, the loan would be added to the property tax. She questioned why WRCOG was the lead agency (not the City) and questioned why the City would not be involved or responsible for CEQA issues. City Attorney Leibold responded stating the City would be involved in the CEQA process and decision making but not carry the final burden of responsibility. Mayor Melendez confirmed with Ms. Spoonhour if a homeowner could voluntarily take out the loan, choose to upgrade their home for energy efficiency, such as their windows and doors increasing the value of their Lake Elsinore City Council Regular Meeting Minutes of December 22, 2009 Page 13 of 22 home, then decide to sell their home at a higher value, and pass the responsibility of the repayment (upgrade bill) onto the next owner since it was paid with taxpayer's funds and now a part of the property tax. Ms. Spoonhour stated funds would be coming from federal and state grants, bonding, and loans. She noted the program is voluntary. Mayor Melendez stated she had a fundamental problem with this concept, and would be abstaining from the vote, but did not want to deny any homeowner the opportunity to be able to participate in the program. Mayor Pro Tem Bhutta questioned why it had taken so long to be available to Lake Elsinore. City Manager Brady stated the City had been working with WRCOG regarding the program. MOTION was made by Counciimember Hickman, second by Councilmember Buckley to adopt Resolution No.2009-66 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 as recommended. AYES: Bhutta, Buckley, Hickman, Magee. NOES: None. ABSTAIN: Melendez. MOTION was made by Councilmember Hickman, second by Councilmember Buckley and unanimously carried to 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 as recommended. AYES: Bhutta, Buckley, Hickman, Magee. NOES: None. ABSTAIN: Melendez. Passed and adopted the following Resolution: "Reso/ution No. 2009-66 — A Resolution the City Council of the City of Lake Elsinore, California, fo consent to include properties within the City's incorporated area in the Western Riverside Council of Governments Lake Elsinore City Council Regular Meeting Minutes of December 22, 2009 Page 14 of 22 Contractua/ Assessment Program to finance distributed generation renewable energy sources and energy efficiency improvements." (10) Second Readina — APPROVED Recommendation Waived further reading and adopted Ordinance No. 1267 entitled: ORDINANCE NO. 1267 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 Councilmember Hickman noted he voted against the first reading of this Ordinance and would do so again. He stated if we reduce the TUMF fees enough, it would increase development but now we would be reducing the TIP funds our City receives. He stated we still have dirt roads and felt the additional funds that were brought in could be used to our benefit to help eliminate those. MOTION was made by Mayor Pro Tem Bhutta, second by Councilmember Buckley and carried by a roll-call vote to adopt Ordinance No. 1267 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 as recommended. Councilmember Magee stated he disagreed with Councilmember Hickman and noted we have an existing program which has been ongoing for the past 4 years to pave the dirt roads in the City with 2 years remaining. Councilmember Hickman stated we would have the opportunity to take care of additional roads and pot holes that were not in the program, and was just being concerned for the residents. His goal was to help accelerate the program. Lake Elsinore City Council Regular Meeting Minutes of December 22, 2009 Page 15 of 22 Councilmember Buckley noted 50 percent reduction in TUMF fee would could have potentially cost of $1.5 million for Rail Road Canyon Road, and further stated, if in theory the TIP fee was increased to make up for losing the TUMF fees, then why reduce anything at all. Councilmember Hickman further stated we did not encourage development with the little amount of funds we approved to reduce. He stated we had already put in $13 million for the interchange, have been through 9 designs, and to date, have received only $2 million back. Councilmember Hickman stated the interchange at Rail Road Canyon Road will probably not be built until the year 2020. AYES: Bhutta, Buckley, Magee, Melendez. NOES: Hickman. (11) Second Readinq — Municipal Code Reqardinq Gradinq Standards bv addinq Section APPROVED THE THIRD FIRST READING OF THIS ORDINANCE TO AMEND GRADING STANDARDS IN THE LAKE ELSINORE MUNICIPAL CODE Recommendation Approved the third first reading and waived further reading to 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 City Attorney Leibold gave an overview regarding the Ordinance which had previously been introduced twice, noting this was the third first reading of the Ordinance. Discussion was held regarding the updates to the Ordinance. Lake Elsinore City Council Regular Meeting Minutes of December 22, 2009 Page 16 of 22 Motion was made by Councilmember Magee, second by Mayor Pro Tem Bhutta and unanimously carried via a roll call vote to waive further reading to adopt the Ordinance by title only 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 as recommended. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. (12) An Interim Urqencv Ordinance of the Citv of Lake Elsinore Establishinq a 45-Dav Moratorium on the Establishment and Operation of all Mariivana Manufacturinq Activities Pursuant to Government Code Section 65858 APPROVED Recommendation 1. Waived further reading and adopted by a four-fifths vote Ordinance No. 1268 by title only: ORDINANCE NO. 1268 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. Directed staff to begin studying the regulation of Marijuana Manufacturing Activities and present the City Council with additional information at a future date. City Attorney Leibold gave an overview of the Interim Urgency Ordinance and the reason it was needed. She further stated Staff would have the ability to research and obtain information to present to the City Council all information before they made a decision to allow or not allow Marijuana to be manufactured within the City Limits. James Stacy stated 13 years Califomia voters passed Proposition 15. He further stated the fact Lake Elsinore does not Lake Elsinore City Council Regular Meeting Minutes of December 22, 2009 Page 17 of 22 already have something in place is unacceptable. He stated those who needed medical marijuana can obtain it legally or from drug cartels. Mr. Stacy stated supporting any moratorium is the same as supporting organized crime. Joe Wilcox from Fallbrook California, stated he is retired due to a medical condition, Leukemia. He stated during the process of doctors and hospitals, and then price $2,500. monthly price of drugs he needed he couldn't afford to be sick. He suffered through nausea, and felt terrible. He now smokes Medical Marijuana, has an appetite, and feels much better. He requested Council to not vote against the needs of the people. Kathie Thibault from Fallbrook stated she is suffering from liver cancer and has experienced horrendous procedures. She now has medical marijuana which is helping her. She stated Lake Elsinore has a decision to make and can give their residents an opportunity to have clean marijuana as needed for their health. Oscar Gomez stated he lives in Lake Elsinore, in Tuscany Hills, and stated he is terminally ill and needs his medicine. He has started Companionate Care for people terminally ill and is authorized to provide safe access to medical marijuana for 21 people. Robert Riedel who is not a home owner in Lake Elsinore stated the law has been in effect for 13 years and considering a moratorium is something the City does not have the right to do. Frank Bounbonvanais stated it was the voters, not Lake Elsinore who voted to pass Proposition 15 in favor of inedical marijuana. The voters have said their peace. Lance Dovlan stated 2 years ago he was pronounced with a brain tumor and grand mal seizures and given little time to live. He stated brain tumors continue to grow even with medications, with his use of marijuana he has outlived the expectancy of his doctors and his tumor is no longer growing. Councilmember Buckley stated this moratorium is not about Proposition 15, it is about allowing the growing and manufacturing of marijuana within the City limits. He confirmed Mr. Oscar Gomez was running a legal non-profit collective, not a dispensary. He Lake Elsinore City Council Regular Meeting Minutes of December 22, 2009 Page 18 of 22 noted currently a petition was being circulated regarding dispensaries. He noted state-wide there will 1 or 2 referendums on the State's General Ballot which will decide many issues for cities. Because of this, he is in support of the moratorium related to the manufacturing. Chairman Magee stated the City is within the state law. He stated with proper paperwork, people are allowed to grown their own medical marijuana for their use and this is not prohibiting the law. The moratorium is against manufacturing. Councilmember Hickman requested those to understand the City needs the time to research and ensure they are doing everything correctly. Mayor Melendez confirmed the city was operating within the law and did have the right to consider a moratorium. She stated it did matter where the speakers lived, it would mean more if they were residents of the City coming to the Council meeting to relay their needs. Outside influence is not the same as internal input. The Mayor then requested input from Police Chief Cleary. Police Chief Cleary stated the Sheriff Department and the Narcotics dispensaries are illegal, collectives are not. He noted the courts are still filled with cases regarding Proposition 15 stating federally, marijuana is still illegal. He noted other cities who have dispensaries are reporting they are experiencing problems, such as crime. He noted many agencies are now studying this issue so everyone can get it right. MOTION was made by Councilmember Magee, second by Councilmember Buckley to waive further reading and adopt by a four-fifths vote Ordinance No.1268, 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. Motion was unanimously carried via a roll call vote. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. Lake Elsinore City Council Regular Meeting Minutes of December 22, 2009 Page 19 of 22 MOTION was made by Councilmember Magee, second by Mayor Pro Tem Bhutta and unanimously carried to directed staff to begin studying the regulation of Marijuana Manufacturing Activities and present the City Council with additional information at a future date as recommended. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. (13) Participation in Southwest Cities Coalition APPROVED Recommendation: Appointed two members and the City Manager to the Southwest Cities Coalition Subcommittee. City Manager Brady gave a brief overview of the beginning of local Mayors, Mayor Pro Tems meeting monthly. He stated a formation was started to discuss items related to this local area and will meet quarterly. The intent of this item was to direct staff to appoint two members to meet in addition to the City Manager to the formation, now called the "Southwest Cities Coalition Subcommittee." After discussion, it was determined Mayor Melendez should attend and she appointed Councilmember Hickman as the alternate. MOTION was made by Councilmember Magee, second by Mayor Pro Tem Bhutta and unanimously carried to appoint Mayor Melendez and Councilmember Hickman as representatives to the Southwest Cities Coalition Subcommittee. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. (14) Council Aapointments to Various Orqanizations APPROVED AS AMENDED Recommendation Confirmed the appointment of proposed delegates and alternates as contained in the attachment to this report with the following changes: Lake Elsinore City Council Regular Meeting Minutes of December 22, 2009 Page 20 of 22 Councilmember Magee will become the appointed representative to the Lake Elsinore San Jacinto Watershed Authority (LESJWA) due to a conflict of scheduled time with Councilmember Buckley. MOTION was made by Mayor Pro Tem Bhutta, second by Councilmember Hickman and unanimousiy carried to adopt the appointment of proposed delegates and alternates as contained in the attachment with the exception that Councilmember Magee will become the appointed representative to the Lake Elsinore San Jacinto Watershed Authority (LESJWA) instead of Councilmember Buckley for the year of 2010 and unanimously carried. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. Mayor Melendez adjourned the City Council meeting at 8:23 p.m. for the Redevelopment Agency to conduct their meeting. Mayor Melendez reconvened the City Council meeting at 8:31 p.m. and proceeded with the rest of the City Council Meeting. PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 3 MINUTES Marisela Gray, resident of the City of Lake Elsinore spoke in reference to the mansion located on Grand Avenue known as the Elsinore Naval Military School (Boys Academy). She stated the property was is dire need of repair and is a fire hazard. She commented she has made many calls regarding the demise of the grounds to the City and has not yet been satisfied with the results. She noted the location of the building basically represented Lake Elsinore as the "Gateway to Orange County" due to the fact it is near the SR-74, Ortega Highway and Grand Avenue for those traveling between counties. Lake Elsinore City Council Regular Meeting Minutes of December 22, 2009 Page 21 of 22 CITY MANAGER COMMENTS Saturday Electronic Waste Collection Event Jan. 9 8:00 a.m. — 5:00 p.m. City of Lake Elsinore Public Works Yard 521 N. Langstaff Street For information: Nicole 951 674 3124 Ext. 245 Drop off your old Event! Computers, accepted. and used electronic equipment during our Free Collection N's, Cell Phones, Vacuums, DVD's, and VCR's will be Saturday Got Tires — Waste Collection Event Jan. 23 9:00 a.m. — 2:00 p.m. City of Lake Elsinore Public Works Yard 521 N. Langstaff Street For information: Nicole 951 674 3124 Ext. 245 Keep our neighborhoods clean by dropping off your old tires at our FREE Community collection event. Saturday Mass Care Shelter Training Jan. 23 8:00 a.m. - 5:00 p.m. Lake Elsinore Cultural Center 183 N. Main St. For Information: Irene Rosendale 951 674-5170 The City of Lake Elsinore Citizen's Corps in collaboration with the American Red Cross will present an opportunity for interested volunteers to become certified to work in evacuation shelters. This is a two-day course. Saturday, January 23, 2010 will be the first session. The course will complete on Saturday, January 30, 2010. All participants must be live scanned and approved prior to taking this course. There is no cost to participants for this course. City Manager Brady wished everyone a Merry Christmas, Happy New Year and to have a safe Holiday. CITY ATTORNEY COMMENTS City Attorney Leibold greeted everyone telling them to have Merry Christmas, Happy Holidays and to be safe traveling. COMMITTEE REPORTS Lake Elsinore City Council Regular Meeting Minutes of December 22, 2009 Page 22 of 22 None. CITY COUNCIL COMMENTS Councilmember Magee addressed the Medical Marijuana issue, stating he received many phone calis and emails from residents stating they would not attend the meeting tonight because of this issue being on the Agenda. He commented many residents stated previously those in attendance supporting Marijuana were generally loud, disrespectful, and did not live here. He stated those who attended tonight were exactly that, they informed the Council if they were in support of any moratorium it was the same as supporting organized crime. He noted they left the meeting before it was over and he had to agree with the residents who forewarned him. He then asked everyone to enjoy the holidays, take care of each other and to be safe. Councilmember Hickman thanked Tim Flemming, Susan Reid, Tom Weiner and his 2 children who all helped to give out gifts. He noted Mr. Weiner spoke fluent Spanish which surprised many of the children. He thanked everyone for their help, stating in all 160 gifts were given to all of the Headstart children. He wished "Diego" well who was in the hospital suffering from Leukemia. Mayor Pro Tem Bhutta wished everyone Happy and safe Holidays. Councilmember Buckley wished everyone a Merry Christmas. Mayor Melendez thanked those in attendance, asked everyone to enjoy the time they spend with their family and to have a Merry Christmas and Happy New Year. ADJOURNMENT There being no further business to come before the City Council Mayor Melendez adjourned the meeting at 8:41 p.m. 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. �ir `� ��-�^�y'--� �- /� Melissa A. Melendez, Mayor o� City of Lake Elsinore, California Attest: City of Lake Elsinore, California