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2009-02-17 City Council Regular MEETING - Agenda PacketMENIFEE, CALIFORNIA Incorporated October 1st, 2008 1 CITY COUNCIL REGULAR MEETING FEBRUARY 17, 2009 5:00 P.M. CLOSED SESSION 6:00 P.M. WORKSHOP 7:00 P.M. OPEN SESSION MEETING LOCATION Mt. San Jacinto Community College 28701 La Piedra Road Menifee, CA 92584 Any person wishing to address the City Council on any matter within the jurisdiction of the City, whether or not it appears on this Agenda, is asked to complete a “Speaker Request Form” available at the side table. The completed form is to be submitted to the City Clerk prior to an individual being heard by the City Council. The City Council requests a time limitation of three minutes per person, and a time limit of thirty minutes for the Public Comments portion of the Agenda. If you are commenting on an Agenda item, your comments will be heard at the time that particular item is scheduled on the Agenda. The Consent Agenda is considered one agenda item. Please note that if you are addressing the City Council on items NOT on the agenda, the Brown Act does not allow discussion of such items. Therefore, the City Council may only do the following: refer the matter to staff, ask for additional information or request a report back, or give a very limited factual response. Cell Phones and Other Distractions: Use of cell phones, pagers and other communication devices is prohibited while the Council meeting is in session. Please turn all devices off or place on a silent alert and leave the Chambers to use. During the meeting, please refrain from applause, from addressing the Council from the audience, or from other actions that may be disruptive to other and the conduct of City business. CITY OF MENIFEE CITY COUNCIL REGULAR MEETING AGENDA DATE: FEBRUARY 17, 2009 2 AGENDA CLOSED SESSION (5:00 p.m.) CLOSED SESSION pursuant to Govt. Code Section 54957 Public Employment Position Title: City Manager CLOSED SESSION WITH LEGAL COUNSEL pursuant to Govt. Code Section 54956.9 (a) Existing Litigation – County of Riverside v French Quarter Lingerie et al CLOSED SESSION WITH LEGAL COUNSEL pursuant to Govt. Code Section 54956.9 (c) Possible Initiation of Litigation – 1 case WORKSHOP (6:00 P.M.) CommercePointe Light Industrial/Business Park PacTen Partners- located on Zeiders Road, south of Scott and north of Keller. Introduction to project, presentation by developer REGULAR MEETING (7:00 P.M.) 1. CALL TO ORDER 2. WORDS OF INSPIRATION – Revival Fellowship 3. FLAG SALUTE – Boy Scout Troop 444 4. ROLL CALL 5. INTRODUCTIONS 6. PRESENTATIONS AND CERTIFICATES OF RECOGNITION 6.1. Eagle Scout presentations 6.2. Quarterly Law Enforcement Report – Captain James McElvain 7. SCHEDULE OF FUTURE EVENTS 7.1. State of the City February 25, 2009 8. PUBLIC COMMENTS – Non agenda items only 9. APPROVAL OF MEETING MINUTES 9.1. Minutes of February 3, 2009 9.2. Minutes of February 7, 2009 CITY OF MENIFEE CITY COUNCIL REGULAR MEETING AGENDA DATE: FEBRUARY 17, 2009 3 10. CONSENT CALENDAR (COMMENTS ON CONSENT AGENDA TAKEN HERE) (All matters on the Consent Calendar are to be approved in one motion unless a Council Member requests a separate action on a specific item on the Consent Calendar. If an item is removed from the consent calendar, it will be discussed individually and acted upon separately.) 10.1. Waiver of Reading In Full of All Ordinances Listed on this Agenda and provide that they be read by Title Only 10.2. Warrant Register 10.3. Treasurer’s Report 10.4. Adopt Ordinance 2009-21 Change Zone Cook Residential 10.5. Resolution 09- 56 Delegating to the City Manager the Authority to Respond to Claims of $50,000 or Less 11. PUBLIC HEARING ITEMS 11.1. Public Hearing Tentative Tract Map 35876 – Romoland Ranch LLC  Conduct Public Hearing  Approve Mitigated Negative Declaration for Environmental Assessment No. 41679  Approve Tentative Tract Map 35876, including an Exception to Ordinance No. 460 Section 3.8 C based upon the Tentative Map Exhibit and the findings and conclusions incorporated in the staff report. 11.2. Public Hearing – Construction Yard Ladd Construction Code Violation Remedy  Conduct Public Hearing  Approve Plot Plan 22854 which includes landscaping waiver 12. CONTINUED ITEMS None. 13. NEW BUSINESS 13.1. Landscaping and Lighting Maintenance District No. 89-1 Consolidated Annexation  Landscaping and Lighting Maintenance District No. 89-1 Consolidated, Annexation of Zone 121 o Adopt Resolution 09-49 Initiating Proceedings for the Annexation of Zone 121 to Landscaping and Lighting Maintenance District No. 89-1 Consolidated of the City of Menifee Pursuant to the Landscaping and CITY OF MENIFEE CITY COUNCIL REGULAR MEETING AGENDA DATE: FEBRUARY 17, 2009 4 Lighting Act of 1972 and Ordering Preparation of Engineer’s Report Regarding said Annexation. o Adopt Resolution 09-50 Declaring its intent to order the Annexation of Zone 121 to Landscaping and Lighting Maintenance District No. 89-1 Consolidated of the City of Menifee pursuant to the Landscaping and Lighting Act of 1972 for the Maintenance and Servicing of Traffic Signals; adopting the Preliminary Engineer’s Report; Giving Notice of and Setting the Time and Place of the Public Hearing on the Annexation of Zone 121; Ordering an Assessment Proceeding; Ordering a Mailed Ballot Election; and Directing Notice of the Public Hearing and Assessment Ballot to be Mailed Pursuant to Article XIIID of the California Constitution and Section 4000 of the Elections Code  Landscaping and Lighting Maintenance District No. 89-1 Consolidated, Consideration of New Improvements for Zone 118 o Adopt Resolution 09-52 Initiating Proceedings to Consider New Improvement for Zone 118 of Landscaping and Lighting Maintenance District to the Landscaping and Lighting Act of 1972 and Ordering Preparation of Engineer’s Report Regarding Said Improvements o Adopt Resolution 09-53 Declaring its Intent to order a New Improvement for Zone 118 of Landscaping and Lighting Maintenance District No. 89-1 Consolidated of the City of Menifee Pursuant to the Landscaping and Lighting Act of 1972 for the Maintenance and Servicing of Fossil Filters; Adopting the Preliminary Engineer’s Report; giving Notice of and Setting the Time and Place of the Public Hearing on the New Improvement for Zone 118; ordering an Assessment Proceeding; Ordering a mailed Ballot Election; and Directing Notice of the Public Hearing and the Assessment Ballot to be Mailed Pursuant to Said act and Article XIIID of the California Constitution and Section 4000 of the Elections Code  Landscaping and Lighting Maintenance District No. 89-1 Consolidated, Annexation of Street Lighting Zone 90 o Adopt Resolution 09-54 Initiating Proceedings for the Annexation of Street Lighting Zone 90 to Landscaping and Lighting Maintenance District No. 89-1 Consolidated of the City of Menifee Pursuant to the Landscaping and Lighting Act of 1972 and ordering Preparation of Engineer’s Report Regarding said Annexation. o Adopt Resolution 09-55 Declaring its intent to order the Annexation of Street Lighting Zone 90 to Landscaping and Lighting Maintenance District No. 89-1 Consolidated of the City of Menifee Pursurant to the Landscaping and Lighting Act of 1972 for the Maintenance and Servicing of Street lights; adopting the Preliminary Engineer’s Report; Giving Notice of and Setting the time and Place of the Public Hearing on the Annexation of Street Lighting Zone 90; Ordering an Assessment Proceeding; Ordering a Mailed Ballot Assessment Ballot to be Mailed Pursuant to Article XIIID of the California Constitution and Section 4000 of the Election Code CITY OF MENIFEE CITY COUNCIL REGULAR MEETING AGENDA DATE: FEBRUARY 17, 2009 5 13.2. Update on AB 885 (septic systems) and implementing regulations: support AB 238 13.3. Ordinance 2009-24 An Ordinance of the City Council of the City of Menifee adopting Menifee Municipal Code Chapter 6.01, the “Dark Sky Ordinance”, Regulating Light Pollution Around Mt. Palomar  Introduce Ordinance No. 2009-24 and schedule for second reading and adoption on March 3, 2009 13.4. Urgency Ordinance No. 2009-25 Placing a Temporary Moratorium on Tattoo Parlors within the City  Adopt Urgency Ordinance No. 2009-25 14. CITY MANAGER REPORTS 14.1. WRCOG Red Team Foreclosure Report 14.2. Historical Tour (Carmen Cave) 14.3. Adoption of City Ordinances (Betsy Martyn) 15. MATTERS PRESENTED BY MAYOR AND COUNCIL MEMBERS 16. CLOSED SESSION (continued from 5:00 p.m. if necessary) CLOSED SESSION WITH LEGAL COUNSEL pursuant to Govt. Code Section 54957 Public Employment Negotiations. Position Title: City Manager CLOSED SESSION WITH LEGAL COUNSEL pursuant to Govt. Code Section 54956.9 (a) Existing Litigation – French Quarter Lingerie CLOSED SESSION WITH LEGAL COUNSEL pursuant to Govt. Code Section 54956.9 (a) Existing Litigation – City of Perris 17. ADJOURNMENT CERTIFICATION I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that I posted a copy of the foregoing Agenda at the following three locations: Menifee City Hall, 29683 New Hub Drive, Suite C, Menifee, CA 92586 Sun City Library, 26892 Cherry Hills Blvd., Menifee, CA 92586 Kay Ceniceros Community Center, 29995 Evans Rd., Menifee, CA 92586 on Friday, February 13 , 2009, at _______p.m. CITY OF MENIFEE CITY COUNCIL REGULAR MEETING AGENDA DATE: FEBRUARY 17, 2009 6 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, you should contact Kathy Bennett, City Clerk at (951) 672-6777. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. Staff Reports Materials related to an item on this Agenda, including those submitted to the City Council - Elect after distribution of the agenda packet are available for public inspection by contacting Kathy Bennett, City Clerk, at (951) 672-6777 during normal business hours.