Agenda 2 Minutes of January 6, 2016 City Council Meeting

Table of Contents

Agenda 2Minutes of January 6, 2016 City Council Meeting

01-06-2016 Regular Meeting Minutes 5Warrant Register - $2,950,094.89

Warrant Register 01-20-16 13voucher listing 12-22-15 14Payroll Register 01-20-16 24

Second Reading - Ordinance No. 2016-188, MarijuanaCultivation and Processing

Staff Report - 2nd Reading Ordinance 2016-188 25Ordinance No 2016-188 Ban Marijuana CultivationProcessing (Revised) 26

Second Reading and Adoption of Ordinance No. 2016-189Approving General Plan Amendment No. 2015-049

Staff Report 33Ordinance No. 2016-189 34

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Menifee City Council AGENDA

Wednesday, January 20, 2016 Regular Session 7:00 PM

City Council Chambers

29714 Haun Road Menifee, CA 92586

Scott Mann, Mayor

Greg August, District 1 Matthew Liesemeyer, District 2

Lesa Sobek, District 3 John Denver, District 4

REGULAR SESSION (7:00 P.M.)

1. CALL TO ORDER

2. ROLL CALL

3. WORDS OF INSPIRATION 3.1. Pastor Derek Greenhalgh, Valley Christian Fellowship

4. PLEDGE OF ALLEGIANCE 4.1. Mayor Pro Tem Greg August

5. AGENDA APPROVAL OR MODIFICATIONS

6. PRESENTATIONS

7. PUBLIC COMMENTS (NON-AGENDA ITEMS)

8. COUNCILMEMBER UPDATES AND COMMENTS

9. APPROVAL OF MINUTES

10. CONSENT CALENDAR

(All matters on the Consent Calendar are to be approved in one motion unless a Councilmember 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 Any and All Ordinances Listed on this Agenda and Provide that they be Read by Title Only

10.2. Warrant Register - $2,950,094.89 Recommended Action: Ratify and approve the Voucher List dated 12/22/15, the Payroll Register dated 12/31/15 and the Wire Transfers dated 01/04/15 and 01/06/015

2

Menifee City Council Regular Meeting Agenda Wednesday, January 20, 2016

10.3. Second Reading - Ordinance No. 2016-188, Marijuana Cultivation and Processing Recommended Action: Adopt Ordinance No. 2016-188, establishing Chapter 9.70 “Marijuana Cultivation and Processing” as part of the City of Menifee Municipal Code.

10.4. Second Reading and Adoption of Ordinance No. 2016-189 Approving General Plan Amendment No. 2015-049 Recommended Action: Second Reading and Adoption of Ordinance No. 2016-189, approving General Plan Amendment No. 2015-049 to change the General Plan land use designation of APNs 360-040-040 and 360-040-041 from Rural Residential, One Acre Minimum (RR1) to Rural Residential, One Half Acre Minimum (RR ½).

11. PUBLIC HEARING ITEMS

12. DISCUSSION ITEMS

13. CITY ATTORNEY REPORTS

14. CITY MANAGER REPORTS

15. FUTURE AGENDA REQUESTS FROM COUNCILMEMBERS Items Scheduled for Future Agendas: Schedule a water update presentation from Eastern Municipal Water District –

Councilmember August, seconded by Councilmember Liesemeyer. Consider regulation of shipping containers in commercial areas of City.

Requested by Mayor Pro Tem Denver. Post Budget Update. Consideration of a Public Safety and Traffic Commission - Councilmember

Sobek, seconded by Councilmember Liesemeyer. Consideration of Distinguished Citizen Award – Councilmember Sobek,

seconded by Mayor Pro Tem August. Consideration of modification to Decorum Policy for City Council Meetings to

include Brown Act notation listed on Agenda for Public Comment – Councilmember Sobek, seconded by Mayor Pro Tem August.

16. ADJOURN

Decorum Policy Notes Please use a speaker request form when you wish to address Council The Council anticipates and encourages public participation on its Council meeting, both on agenda items and during the public comments period. Please use respect by not having your cell phones on, refrain from talking in the audience or outbursts that may be disruptive. While we encourage participation, we ask there be a mutual respect for the proceedings.

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Staff Reports Materials related to an item on this Agenda, including those submitted to the City Council after distribution of the agenda packet are available for public inspection by contacting Sarah Manwaring, City Clerk, at (951) 672-6777 during normal business hours. Compliance with the Americans with Disabilities Act If you need special assistance to participate in this meeting, you should contact Sarah Manwaring, 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.

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Menifee City Council MEETING MINUTES Wednesday, January 06, 2016 Closed Session (Special Meeting) 6:30 PM Regular Session 7:00 PM City Council Chambers 29714 Haun Road Menifee, CA 92586 Scott Mann, Mayor Greg August, District 1 Matthew Liesemeyer, District 2 Lesa Sobek, District 3 John Denver, District 4 CLOSED SESSION

Mayor Mann opened the meeting and adjourned to Closed Session at 6:31 p.m. for the purposes below. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Paragraph (1) of subdivision (d) of Section 54956.9 - 1 case Cho v City of Menifee, Riverside County Superior Court Case No. RIC 1509260 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Paragraph (1) of subdivision (d) of section 54956.9 City of Eastvale v. County of Riverside et al., Riverside County Superior Court Case No. RIC 1513629 and Appeal Case No. E064953 City Attorney Jeff Melching reported that the City Council provided authorization to continue pursuing the appeal proceedings on the matter and there were no other reportable actions. REGULAR SESSION

1. CALL TO ORDER

Mayor Scott Man called the regular session to order at 7:05 p.m.

2. ROLL CALL

Present: Mayor Mann, Mayor Pro Tem August, Councilmember Denver, Councilmember Liesemeyer, and Councilmember Sobek

Absent: None

3. WORDS OF INSPIRATION 3.1. Pastor Troy Ulmer, First Baptist Church

4. PLEDGE OF ALLEGIANCE

4.1. Councilmember Lesa Sobek led the Pledge of Allegiance.

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5. AGENDA APPROVAL OR MODIFICATIONS City Clerk Sarah Manwaring announced a modification to agenda item number 10.3. The recommended action should be “…in the amount not to exceed $70,000.” There were no other modifications. The agenda was approved unanimously.

6. PRESENTATIONS There were no presentations.

7. PUBLIC COMMENTS (NON-AGENDA ITEMS)

Wendy Blackburn of Wendy’s Taxi stated her concerns with requirements for taxi drivers versus Uber drivers. Ms. Blackburn said that Uber is effecting her business and she has to pay more money for licenses and insurance than Uber drivers. Anthony Rodriguez of Menifee Taxi said he agreed with Wendy Blackburn and that the City requirements should be the same for both taxi drivers and Uber drivers. He said competition is good, but there should be a level playing field. Katie Minnear, Menifee resident, stated that there should be more speed limit signs between the Ralphs shopping center and the college. She also stated her concerns about illegal dumping and asked the City Council to look into the matter. Jeremy Hutman with California First Pace Program. Mr. Hutman said that the program offers financing for energy and water saving measures. Mr. Hutman said that his program is similar to the HERO Program and he would like to offer their services to the City of Menifee. He provided the City Clerk with more information and asked the City Council to adopt a resolution so that the Pace Program can be offered in Menifee.

8. COUNCILMEMBER UPDATES AND COMMENTS

Councilmember Sobek stated that she attended the Spark of Love Toy Drive on December 19, 2015. She thanked everyone who helped with the event. Councilmember Sobek announced that there was a house fire the day after Christmas and two small children lost their clothes and toys. The community came together in the spirit of giving to help provide for the family. On January 5, 2016 Councilmember Sobek spoke at a Webelos Boy Scout Troop meeting about city government. Councilmember Sobek encouraged the community to prepare themselves for disasters. She reported on the CERT Program offered by the Fire Department. Councilmember Liesemeyer attended the Spark of Love Toy Drive on December 19, 2015 and said it was touching to see all the children with smiles. He said it was an eye opening experience and he was honored to be a part of it. Mayor Pro Tem August announced that Councilmember Denver was the star of the Spark of Love Toy Drive, as he stared as Santa Claus. Mayor Mann, along with cities Murrieta, Temecula, and Lake Elsinore, presented a

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City update to the Southwest Region Women’s Council of Realtors. Mayor Mann announced his appointment of Randy Madrid to the Planning Commission. Mr. Madrid will be sworn in next week and he looks forward to his service.

9. APPROVAL OF MINUTES

9.1. Minutes of the December 16, 2015 City Council Meeting were approved by

a unanimous vote.

10. CONSENT CALENDAR (All matters on the Consent Calendar are to be approved in one motion unless a Councilmember 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 Any and All Ordinances Listed on this Agenda and Provide that they be Read by Title Only

10.2. Warrant Register - $3,022,166.27 Recommended Action: Ratify and approve the Voucher List dated 12/11/15, the Payroll register dated 12/18/15, the Wire Transfer dated 12/23/15 and the Void Check Listing dated 12/16/15.

10.3. Agreement with Albert A. Webb Associates Recommended Action: Approve professional service agreement with Albert A. Webb Associates to provide services related to the annexation of new developments to Community Facility District No. 2015-2 in the amount not to exceed $80,000.00.

10.4. Request to CalPERS for Extension of Employment Recommended Action: Approve Resolution No 16-495 requesting CalPERS to extend employment beyond the 960 hour maximum for Interim Community Development Director, Robert Brady, per California Government Code Section 21221(h).

10.5. Amendment No. 1 and Restated Settlement Agreement with Accurate Leak Locators, Inc. Recommended Action: Approve Amendment No. 1 and Restated Settlement Agreement with Accurate Leak Locators, Inc.

10.6. Amendment No. 1 to Agreement with TKE Engineering, Inc. Recommended Action: Approve Amendment No. 1 to the Professional Services Agreement with TKE Engineering, Inc. for construction inspections for Fiscal Year (FY) 2015/16.

10.7. CalRecycle Beverage Container Recycling Program Grant Funds Page 3 of 8

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Recommended Action: 1. Accept CalRecycle Beverage Container Recycling Program grant funds and authorize staff to administer the program. 2. Increase Grant revenues and appropriate expenditures in the amount of $22,232.00 in the City’s Grant Fund.

10.8. Valley Health System Grant Application Authorization Recommended Action: Authorize the Mayor and City Manager to Submit a grant application to Valley Health System for funding to deliver health and wellness capital improvements and programming for the Community Services Department. Councilmember Denver moved approval of the Consent Calendar. The motion was seconded by Councilmember Liesemeyer and passed on a unanimous roll call vote as follows: Ayes: August, Denver, Liesemeyer, Mann, Sobek Noes: None Absent: None

11. PUBLIC HEARING ITEMS 11.1. Declaring Structures Located at 23831 Kennedy Lane a Public Nuisance

Sr. Code Enforcement Officer Wayne O’Gara presented the item. Mr. O’Gara reported on the history of the property and showed pictures of the property damage from squatters and fire. Mr. O’Gara stated that there is a risk to the health, safety and welfare of the community and recommended that the City Council adopt the Resolution as presented so that the City can abate the property as needed. Mayor Pro Tem August asked if there was a lender on the property. Building Official Colin McNie stated that the City had been contacted by the lending institution and they are looking at their options which could include the City negotiating with the owner or bank to get them to pay for the costs of demolition. City Attorney Jeffrey Melching stated that he spoke with the bank’s attorney and after looking at the photos was in agreement that the property was a nuisance. Mr. Melching said that the question remains whether the City will abate the property and get reimbursed through lien proceedings or if the lender will abate it and recover costs through the sale of the property. Mayor Mann opened the Public Hearing at 7:35 p.m. City Clerk Sarah Manwaring stated that the item was legally noticed and that no correspondence was received regarding this item. Will Cooley, Menifee resident, stated that he lives behind the property and has called the police on multiple occasions for different issues related to the property. Mr. Cooley said he has concerns about the safety of the

Page 4 of 8

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property and would like it torn down. Mayor Mann closed the Public Hearing at 7:39 p.m. Councilmember Liesemeyer thanked Mr. Cooley for bringing this matter to the City’s attention and thanked City staff for the work they have done to mitigate the issues. Councilmember Liesemeyer agreed the property is a problem and an eyesore. Mayor Pro Tem August made a motion to adopt Resolution No. 16-493 declaring the structures located at 23831 Kennedy lane a public nuisance and ordering the property demolished. The motion was seconded by Councilmember Liesemeyer and passed on a unanimous roll call vote as follows: Ayes: August, Denver, Liesemeyer, Mann, Sobek Noes: None Absent: None

11.2. City Initiated Technical Amendment “La Piedra” General Plan Amendment No. 2015-049 Interim Community Development Director Robert Brady introduced the item. Assistant Planner Tamara Harrison presented the item. Ms. Harrison reported on the current land use and surrounding land uses; the project description; and the background and history of the project. Mayor Mann opened the Public Hearing at 7:44 p.m. City Clerk Sarah Manwaring stated that the item was legally noticed and that no correspondence was received regarding this item. There were no requests to speak. Mayor Mann closed the Public Hearing at 7:45 p.m. Councilmember Liesemeyer asked staff to clarify if the change was brought forward by any owner or developer. Interim Community Development Director Bob Brady confirmed and said that staff initiated the item to bring consistency to the General Plan and the Zoning. Mayor Mann confirmed that Council has given staff direction to clean up the inconsistencies with the General Plan and the Zoning. City Clerk Sarah Manwaring read the Ordinance title for introduction. Councilmember Liesemeyer made a motion to introduce Ordinance No. 2016-189, an Ordinance of the City Council of the City of Menifee, California Approving General Plan Amendment No. 2015-049 to change the General Plan Land Use Designation of APNs 360-040-040 and 360-040-041 from Rural Residential, One Acre Minimum (RR1) to Rural Residential, One Half Acre minimum (RR ½) and schedule for second reading and adoption on January 20, 2016. The motion was seconded by Councilmember Sobek and passed on a unanimous roll call vote as follows: Ayes: August, Denver, Liesemeyer, Mann, Sobek Noes: None

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Absent: None

11.3. Express Ban on Marijuana Cultivation and Processing Interim Community Development Director Robert Brady introduced the item. Mr. Brady presented the history and background of the Ordinance and reported on the Planning Commission’s action. Mr. Brady said that there was a correction made to the Ordinance under the definition section changing “plan” to “plant.” Mayor Mann asked the City Attorney if Councilmember Sobek can participate in the discussion and vote on the item because she was on the Planning Commission when they made their recommendation. City Attorney Jeffrey Melching said yes she could. Mayor Pro Tem August asked Mr. Melching why it is in the best interest of the City to take action on this item; if the Ordinance is approved, are there any disadvantages with the State legislation; and if approved how will the Ordinance be affected if voters approve recreational use of marijuana in the November statewide election? Mr. Melching responded by saying that there are no disadvantages with inconsistencies to State law and that the Ordinance is in fact consistent with the State law. Mr. Melching continued to say that it is timely to adopt the Ordinance because new State legislation was adopted giving cities a March 1, 2016 deadline to place the maximum restrictiveness on marijuana cultivation and processing. If cities wanted to prohibit or restrict marijuana cultivation, they must do so before the deadline. Mr. Melching said that if a statewide initiative legalizing marijuana for recreational use passed in the November election, it would become law in California and it would trump Menifee’s laws. Mayor Mann opened the Public Hearing at 8:01 p.m. City Clerk Sarah Manwaring stated that the item was legally noticed and one letter was received from a Menifee resident stating her support of the express ban on marijuana cultivation and processing. Public Speakers: In Favor of the ban on marijuana cultivation and processing

• Anthony Rodriguez • Iesha Rogers • Luann Nicosia

In Opposition of the ban on marijuana cultivation and processing

• Edward Dermal • David Gray • Greg Simon • Troy Helton • Jesus Gonzalez • Diane Donahue

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Mayor Mann closed the Public Hearing at 8:18 p.m. The City Council discussed the item and reported on what they have been hearing from residents in their districts. Councilmember Liesemeyer said that he is in favor of the Planning Commission recommendation of cultivation and processing of up to eight marijuana plants. Mayor Mann asked the attorney to confirm that if the City Council adopts the cultivation and processing of up to eight plants now, the City Council cannot make any changes to be more restrictive after March 1, 2016. Mr. Melching said that is correct.

Mayor Mann said that he appreciated the comments from the public. He said that if the Ordinance is adopted, it does not mean that a future City Council can’t change it in the future. Mayor Mann said he supports staff and law enforcement’s recommendation. City Clerk Sarah Manwaring read the Ordinance title for introduction. Mayor Pro Tem August made a motion to introduce Ordinance No. 2016-188, an Ordinance of the City Council of the City of Menifee California, finding that the Municipal Code Amendment is Exempt from Environmental Review and Imposing an Express Ban on Marijuana Cultivation and Processing by Amending the Menifee Municipal Code with the Adoption of Chapter 9.70 “Marijuana Cultivation and Processing” and schedule for second reading and adoption on January 20, 2016. The motion was seconded by Councilmember Sobek and passed with a 4-1 vote as follows: Ayes: August, Denver, Mann, Sobek Noes: Liesemeyer Absent: None

12. DISCUSSION ITEMS None.

13. CITY ATTORNEY REPORTS None.

14. CITY MANAGER REPORTS

City Manager Robert Johnson reported on Future Agenda Items that will be brought back information on February 3, 2016. The items include the Distinguished Citizen Award, shipping containers in commercial areas, and a discussion on Public Safety and Traffic Commission.

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Mayor Mann announced that the next meeting will be on Wednesday, January 20, 2016 and Mayor Pro Tem August will be chairing the meeting in his absence.

15. FUTURE AGENDA REQUESTS FROM COUNCILMEMBERS

Items Scheduled for Future Agendas:

Schedule a water update presentation from Eastern Municipal Water District – Councilmember August, seconded by Councilmember Liesemeyer.

Consider regulation of shipping containers in commercial areas of City. Requested by Mayor Pro Tem Denver.

Post Budget Update. Consideration of a Public Safety and Traffic Commission -

Councilmember Sobek, seconded by Councilmember Liesemeyer. Consideration of Distinguished Citizen Award – Councilmember Sobek,

seconded by Mayor Pro Tem August. Consideration of modification to Decorum Policy for City Council Meetings

to include Brown Act notation listed on Agenda for Public Comment – Councilmember Sobek, seconded by Mayor Pro Tem August.

Discuss options and feasibility to Livestream Council meeting via internet – Councilmember Sobek, seconded by Mayor Pro Tem August.

16. ADJOURN

Mayor Mann adjourned the meeting at 8:30 p.m.

Page 8 of 8

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13

12/22/2015

Voucher List

City of Menifee

1

1:50:22PM

Page:vchlist

Bank code : uboc

Voucher Date Vendor Invoice PO # Description/Account Amount

32194 12/16/2015 00500 RIVERSIDE HABITAT CONSERVATION CK REQ 12/11 K-RAT FEES NOV'15 500.00

Total : 500.00

32195 12/16/2015 00166 WESTERN RIVERSIDE COUNCIL OF, GOVERNMENTSCK REQ 12/11 TUMF FEES NOV'15 73,703.63

Total : 73,703.63

32196 12/16/2015 00143 WRCRCA CK REQ 12/11 MSHCP FEES NOV'15 17,568.00

Total : 17,568.00

32197 12/25/2015 00655 AIR FORCE 1 HEATING AND AIR 0000002992 FACILITY MAINTENANCE 148.00

Total : 148.00

32198 12/25/2015 00633 ALBERT A. WEBB ASSOCIATES 154838 00834 SPECIAL DISTRICT TRANSITION SUPPORT 3,127.00

00834 1,763.00SPECIAL DISTRICT TRANSITION SUPPORT155498

Total : 4,890.00

32199 12/25/2015 00012 ALL SIGNS GRAPHICS & DESIGNS 1155 00830 CITY LOGOS ON PARK MONUMENT 3,557.28

Total : 3,557.28

32200 12/25/2015 00123 AMBER MANAGEMENT, LLC JAN'16 CITY HALL MONTHLY RENT JAN'16 13,161.25

Total : 13,161.25

32201 12/25/2015 01025 BECERRA, JACKIE CK REQ 12/17 COMM SVCS INSTRUCTOR PAYMENT 334.40

1,529.40COMM SVCS INSTRUCTOR PAYMENTCK REQ 12/17

Total : 1,863.80

32202 12/25/2015 00761 CONNECT COMMUNICATIONS M267-ECON DEV-AUG'15 00587 ECON DEV OUTREACH SERVICES 15/16 1,340.00

00734 5,120.00FY 15/16 MEDIA COMMUNICATIONSM269-COMM-SEPT'15

00734 5,710.00FY 15/16 MEDIA COMMUNICATIONSM270

00734 3,840.00FY 15/16 MEDIA COMMUNICATIONSM271-COMM-OCT'15

00734 4,040.00FY 15/16 MEDIA COMMUNICATIONSM272-COMM-NOV'15

Total : 20,050.00

32203 12/25/2015 00939 COPP CONTRACTING, INC. 1885 00812 ANTELOPE RD SAFEROUTES TO SCHOOL PROJ 21,318.00

Total : 21,318.00

32204 12/25/2015 00907 COUNTY OF RIVERSIDE AN0000000633 00773 ANIMAL CONTROL SERVICES NOV'15 12,393.00

1Page:

14

12/22/2015

Voucher List

City of Menifee

2

1:50:22PM

Page:vchlist

Bank code : uboc


(Continued) Total : 12,393.00 32204 12/25/2015 00907 00907 COUNTY OF RIVERSIDE

32205 12/25/2015 00949 CR&R INCORPORATED 925 00837 STREET SWEEPING SVCS OCT'15 2,601.95

00837 2,447.77STREET SWEEPING SVCS NOV'15950

Total : 5,049.72

32206 12/25/2015 00453 DENNIS JANDA, INC. 11022 00738 ENG SURVEYOR SVCS NOV & DEC'15 3,905.00

Total : 3,905.00

32207 12/25/2015 00272 DIAMOND ENVIRONMENTAL SVC 0000576195 CITY X-MAS TREE LIGHTNING CEREMORY 1,112.40

304.68CSA 145 RESTROOM SVC0000576470

113.48AMR SPORTS PARK RESTROOM SVC0000576471

279.80CSA 33 RESTROOM SVC0000580543

Total : 1,810.36

32208 12/25/2015 00385 DLT SOLUTIONS, LLC SI308489 AUTOCAD SUBSCRIPTION RENEWAL 1,950.06

Total : 1,950.06

32209 12/25/2015 00924 EXECUTIVE SERVICES 9885 00766 DEC'15 COMM SVCS JANITORIAL SVC 1,678.49

Total : 1,678.49

32210 12/25/2015 01036 FOX, KATHI L. CK REQ 12/15 COMM SVCS INSTRUCTOR PAYMENT 16.80

Total : 16.80

32211 12/25/2015 00805 GARY F. HOYT LANDSCAPE CP-2085 00742 LANDSCAPE INSPECTION SERVICES ADMIN 900.00

00741 4,995.00LANDSCAPE INSPECTION SVCS OCT'15CP-2086

00740 7,245.00LANDSCAPE PLAN CK & INSPECTION SVCS OCT'CP-2087

Total : 13,140.00

32212 12/25/2015 00848 KOBATA ASSOCIATES, INC. 28 00744 LANDSCAPE PLN CK SVCS NOV'15 4,137.50

Total : 4,137.50

32213 12/25/2015 01031 MENIFEE VALLEY TAEKWONDO ACADE CK REQ 12/15 COMM SVCS INSTRUCTOR PAYMENT 652.80

Total : 652.80

32214 12/25/2015 00569 MORNINGSTAR PRODUCTIONS, LLC INV-00983 00828 2015 XMAS TREE LIGHTING-STAGE & SOUND 2,430.00

Total : 2,430.00

2Page:

15

12/22/2015

Voucher List

City of Menifee

3

1:50:22PM

Page:vchlist

Bank code : uboc


32215 12/25/2015 00991 NEW HUB AUTO SERVICE 1833 P/W FLEET VEHICLE MAINT SVCS 47.71

Total : 47.71

32216 12/25/2015 00936 PROTECTION ONE 106121846 SENIOR CENTER ALARM MONITORING 110.25

Total : 110.25

32217 12/25/2015 00236 RIVERSIDE COUNTY, SHERIFF DEPT-CONTRACTSH0000027267 CONTRACT LAW ENF SVCS BP# 04 828,414.87

Total : 828,414.87

32218 12/25/2015 00059 RIVERSIDE COUNTY, SHERIFF DEPT-EXTRA DUTYSH0000027339 EXTRA DUTY COUNCIL MEETINGS 328.01

Total : 328.01

32219 12/25/2015 00962 RUTAN & TUCKER, LLP 726468 CITY LEGAL SVCS SEPT'15 2,965.14

14,864.60CITY LEGAL SVCS OCT'15732131

7,441.50CITY LEGAL SVCS NOV'15734344





Total : 37,003.24

32220 12/25/2015 00965 SUNSTATE EQUIPMENT CO., LLC 6398262-001 EQUIPMENT RENTAL 432.20

Total : 432.20

32221 12/25/2015 01079 SUPPLY MASTER, INC. 58930 IT SUPPLIES 393.64

Total : 393.64

32222 12/25/2015 00899 T.Y. LIN INTERNATIONAL 101512150 00487 ENVIRO/CIVIL ENG DSGN SVCS - HOLLAND BRD 30,294.95

Total : 30,294.95

32223 12/25/2015 00504 WALLACE & ASSOCIATES 2015-05MENIFEE-LC 00712 LABOR COMPLIANCE & CNSTRCTN MGMT SVCS 2,162.50

00712 337.50LABOR COMPLIANCE & CNSTRCTN MGMT SVCS2015-06MENIFEE-LC



Total : 4,200.46

32224 12/25/2015 00191 AFLAC 060011 DEC'15 INSURANCE PREMIUMS 499.04

3Page:

16

12/22/2015

Voucher List

City of Menifee

4

1:50:22PM

Page:vchlist

Bank code : uboc


(Continued) Total : 499.04 32224 12/25/2015 00191 00191 AFLAC

32225 12/25/2015 00744 ALLIED TRAFFIC & EQUIP. RENTAL 54078 P/W SIGN MAINT & REPLACEMENT 91.80

132.03P/W SIGN MAINT & REPLACEMENT54086





Total : 2,268.00

32226 12/25/2015 01084 ANDERSON & COMPANY 10398 00825 FIRE DEPT SUPPLIES 3,102.11

Total : 3,102.11

32227 12/25/2015 01013 ARROW PRINTING, INC. 14073 CITY TREE LIGHTING FLYERS 226.80

Total : 226.80

32228 12/25/2015 00981 ASSURANT EMPLOYEE BENEFITS 5474336 JAN'16 JAN'16 INSURANCE PREMIUMS 4,951.43

Total : 4,951.43

32229 12/25/2015 00195 CALIFORNIA PUBLIC EMPLOYEES, RETIREMENT SYSTEM100000014673919 JAN'16 HEALTH PREMIUMS 39,851.57

Total : 39,851.57

32230 12/25/2015 00686 CALTRANS 16003618 MCCALL PLAN REVIEW SVCS 8,168.66

Total : 8,168.66

32231 12/25/2015 00017 CITY OF PERRIS #14 JOINTLY OWNED QTRLY SGNL SVCS 542.56

Total : 542.56

32232 12/25/2015 00180 DISH NETWORK 8349 12/04 CITY HALL SATTELITE SVC DEC'15 143.04

Total : 143.04

32233 12/25/2015 00871 DOWNTOWN FORD SALES 234361 00788 P/W FLEET VEHICLE 25,349.23

Total : 25,349.23

32234 12/25/2015 00161 EASTERN MUNICIPAL WATER DIST. 100891-03 12/11 CSA 145 WATER SVC NOV15 12.31

64.07LLMD ZONE 3 WATER SVC NOV'15173168-03 12/11


80.47LLMD ZONE 37 WATER SVC NOV15209502-03 12/11

4Page:

17

12/22/2015

Voucher List

City of Menifee

5

1:50:22PM

Page:vchlist

Bank code : uboc


32234 12/25/2015 (Continued)00161 EASTERN MUNICIPAL WATER DIST.

21.73LLMD ZONE 47 WATER SVC NOV15214104-03 12/11

96.16LLMD ZONE 3 WATER SVCS NOV15218620-03 12/10



97.98CSA 145 WATER SVC NOV'15226312-03 12/10

74.63CSA 145 WATER SVC NOV'15229625-03 12/10





245.29CITY HALL WATER SVC NOV15231916-02 12/11

60.08CSA 33 WATER SVC NOV'158914-03 12/07



1,938.15LLMD ZONE 38 WATER SVC NOV1595843-03 12/10

Total : 4,013.90

32235 12/25/2015 00731 ENTERPRISE FM TRUST FBN2917679 COMM SVCS TRUCK LEASES 1,776.75

Total : 1,776.75

32236 12/25/2015 00024 FEDEX 5-244-39058 EXPRESS DELIVERY SVCS NOV'15 29.84

Total : 29.84

32237 12/25/2015 01087 FONTIS SOLUTIONS INV250559 00827 NOTICE TO APPEAR CITATION BOOKS 2,041.20

Total : 2,041.20

32238 12/25/2015 01026 FRANKS, JACQUELINE CK REQ 12/17 COMM SVCS INSTRUCTOR PAYMENT 1,529.40

Total : 1,529.40

32239 12/25/2015 01060 HANK'S HARDWARE & LUMBER, INC. 934534 P/W MATERIALS & SUPPLIES 1,187.70

86.36P/W MATERIALS & SUPPLIESL35381

25.56COMM SVCS SPECIALTY TOOLSL36215

Total : 1,299.62

32240 12/25/2015 00558 HDL COREN & CONE 0022262-IN CAFR SERVICES 695.00

Total : 695.00

5Page:

18

12/22/2015

Voucher List

City of Menifee

6

1:50:22PM

Page:vchlist

Bank code : uboc


32241 12/25/2015 00274 HINDERLITER DELLAMAS & ASSOC. 0024654-IN 4RD QTR SALES TAX CONTRACT & AUDIT SVCS 18,351.44

Total : 18,351.44

32242 12/25/2015 01043 IMPERIAL SPRINKLER SUPPLY 10454 - NOV'15 PARK IRRIGATION PARTS 1,696.60

Total : 1,696.60

32243 12/25/2015 01090 INTELESYSONE D1 00835 UPDATE OF CITYWIDE PHONE SYSTEM 24,461.29

00835 12,230.64UPDATE OF CITYWIDE PHONE SYSTEMD2

Total : 36,691.93

32244 12/25/2015 00513 INTERNATIONAL E-Z UP INC. INV225467 00816 EZUP CANOPIES 2,161.09

Total : 2,161.09

32245 12/25/2015 00746 JIM ROGERS LOCK & KEY 0176273 P/W SUPPLIES 192.54

39.03COMM SVCS MISC. REPAIRS0176274

Total : 231.57

32246 12/25/2015 00867 LAKE MENIFEE WOMENS CLUB CK REQ 12/16 MENIFEE SPARK OF LOVE SPONSORSHIP 1,000.00

Total : 1,000.00

32247 12/25/2015 00128 LOWES 6081 12/02 SUPPLIES 3,061.18

Total : 3,061.18

32248 12/25/2015 00666 MENIFEE VALLEY COMM. CUPBOARD CK REQ 12/21 CDBG15/16 EMRGNCY FOOD DSTRBTN PROG - RE 16,468.66

Total : 16,468.66

32249 12/25/2015 00474 APPLE SOCAL LLC CK REQ 12/14 FY 14/15 BUSINESS INCENTIVE PYMNT 13,979.47

Total : 13,979.47

32250 12/25/2015 00474 PATRICIA GMINDER RFND BP15-03689 REFUND BLDG PERMIT 15-03689 102.82

Total : 102.82

32251 12/25/2015 00474 PATRICIA PHAY CK REQ 12/16 DEPOSIT REFUND KC SNR CTR 100.00

Total : 100.00

32252 12/25/2015 00474 JOSUE MORALES CK REQ 11/30 DEPOSIT REFUND AMR SPORTS PARK 60.00

Total : 60.00

6Page:

19

12/22/2015

Voucher List

City of Menifee

7

1:50:22PM

Page:vchlist

Bank code : uboc


32253 12/25/2015 00474 LAUREN YTURRALDE CK REQ 12/16 DEPOSIT REFUND AMR SPORTS PARK 20.00

Total : 20.00

32254 12/25/2015 00474 STEPHANIE FRANCO CK REQ 12/16 DEPOSIT REFUND AMR SPORTS PARK 20.00

Total : 20.00

32255 12/25/2015 00474 TONY BOYD CK REQ 11/25 DEPOSIT REFUND 2014-121 16.80

Total : 16.80

32256 12/25/2015 00863 NOLTE ASSOCIATES, INC. 37455 00839 BRADLEY ROAD BRIDGE DESIGN AUG & SEPT'15 13,323.77

Total : 13,323.77

32257 12/25/2015 00040 PRESS ENTERPRISE 0010117965 LEGAL ADVERTISING SVCS 306.00

Total : 306.00

32258 12/25/2015 01065 PRUDENTIAL OVERALL SUPPLY 22164794 P/W UNIFORMS 52.08

Total : 52.08

32259 12/25/2015 00006 R&R BUSINESS SOLUTIONS 6831 PRINTING SVCS 70.20

280.80PRINTING SVCS6863

Total : 351.00

32260 12/25/2015 00301 RIGHTWAY 97504 DUI CHECKPOINT RESTROOM SVCS 227.40

Total : 227.40

32261 12/25/2015 00242 RIVERSIDE COUNTY, TLMA ADMINISTRATION TL0000011966 NEWPORT RD INTERCHANGE CLAIMS 1,258,267.29

Total : 1,258,267.29

32262 12/25/2015 00896 RODRIGUEZ CONSULTING GROUP 150222 00819 TUMF AGREEMENT CONSULTING SVCS 2,047.50

Total : 2,047.50

32263 12/25/2015 00596 SATCOM DIRECT COMMUNICATIONS 7308074 EMERG SATELLITE PHONE SVC NOV'15 46.95

Total : 46.95

32264 12/25/2015 00046 SOUTHERN CALIFORNIA EDISON 2-30-857-8947 12/18 CITY HALL ELECTRIC SVCS NOV'15 1,770.84

959.29CITY STREET LIGHT SVC NOV'152-31-549-9426 12/09

710.45CSA 43 STREET LIGHT SVC NOV'152-31-766-5297 12/10


7Page:

20

12/22/2015

Voucher List

City of Menifee

8

1:50:22PM

Page:vchlist

Bank code : uboc


32264 12/25/2015 (Continued)00046 SOUTHERN CALIFORNIA EDISON

3,184.72CSA 80 STREET LIGHT SVC NOV'152-31-766-8879 12/10




28,895.70CITY STREET LIGHT SVC NOV'152-31-766-9950 12/10

16.55CSA TLMA STREET LIGHT SVC NOV'152-31-829-0749 12/10

249.60NEWPORT RD TC-1 SIGNAL SVCS NOV'152-32-648-0936 12/15

62.31COMM SHACK DAILY RD ELEC SVC NOV'152-33-575-9569 12/12

96.61ANTELOPE RD TC-1SIGNAL SVCS NOV'152-33-675-0278 12/15

274.26WOODSIDE TR 31391-4 STREET LIGHT SVC2-34-720-2749 12/09

178.26AMR TR 31391-4 ST LIGHT NOV'152-34-849-7462 12/18

178.26WOODSIDE TR 31390-2 STREET LIGHT SVC2-35-028-1507 12/09

1,195.65LLMD SIGNAL SVCS2-35-194-1992 12/04

2,913.93CITY SIGNAL SVCS2-35-194-3196 12/04

41.15BROOKFIELD TR 31391-3 STREET LIGHT SVC N2-35-221-8945 12/09

54.85TR 31391 STREET LIGHT SVC NOV'152-35-280-6210 12/09

82.28TR 29636 STREET LIGHT SVC NOV'152-35-411-8812 12/09

54.85BROOKFIELD TR 31391-3 STREET LIGHT SVC2-35-594-8506 12/09


162.69BRIGGS RD SIGNAL SVC NOV'152-35-870-8709 12/11

109.70BROOKFIELD HOMES TR 31390-22-36-550-2111 12/09

82.28TR 31390-2 STREET LIGHT SVC NOV'152-36-578-3067 12/09



1,595.98SENIOR CENTER ELEC SVC NOV'152-36-719-0022 12/10

389.53CITY SIGNAL SVCS NOV'152-36-738-8345 12/11

290.99CITY SIGNAL SVC NOV'152-36-751-2365 12/09

53.69CFD 2014-1 TOWN CENTER ST LIGHT SVC NOV'2-37-161-9065 12/15

1,479.92LLMD STREET LIGHTS NOV'152-37-426-6963 12/09

84.65MCCALL TC-1 SIGNAL SVC NOV'152-37-489-6173 12/09

1,038.25LLMD IRRIGATION SVC NOV'152-37-492-0809 12/11

Total : 99,494.24

32265 12/25/2015 00338 SOUTHWEST HEALTHCARE SYSTEM ME016 PD SART EXAM 900.00

Total : 900.00

8Page:

21

12/22/2015

Voucher List

City of Menifee

9

1:50:22PM

Page:vchlist

Bank code : uboc


32266 12/25/2015 01091 STAUFFERS LAWN EQUIPMENT 244694 GENERATOR REPAIRS 96.08

96.08GENERATOR REPAIRS244695

115.56GENERATOR REPAIRS244696

115.56GENERATOR REPAIR244697

Total : 423.28

32267 12/25/2015 00854 THE LLOYD PEST CONTROL CO, INC 4964821 COMM SVCS HQ PEST CONTROL SVCS 295.00

Total : 295.00

32268 12/25/2015 00054 TYLER TECHNOLOGIES, INC, EDEN SYSTEMS DIVISION045-147634 00833 ANNUAL EDEN MODULE MAINT COSTS 16,332.85

Total : 16,332.85

32269 12/25/2015 00614 U.S. HEALTHWORKS MEDICAL GROUP 2824928-CA PRE EMPLOYMENT TESTING SVCS 83.00

Total : 83.00

32270 12/25/2015 00714 U.S. TELEPACIFIC CORP. 72965412-0 LOCAL & LONG DISTANCE PHONE SVC DEC'15 463.09

Total : 463.09

32271 12/25/2015 00703 UEBER HAUN I, LLC 42 00723 JAN'16 LAND LEASE -CITY HALL ANNEX 1,635.00

Total : 1,635.00

32272 12/25/2015 01083 UNITED RENTALS INC. 133695047 P/W RENTAL EQUIPMENT 266.76

Total : 266.76

32273 12/25/2015 00750 VALLEY PARTY EQUIPMENT RENTAL 43407 SPIRIT PARK EVENT EQUIP RENTAL 625.00

Total : 625.00

32274 12/25/2015 00047 VERIZON 1149954451 12/07 CITY HALL FIOS SVCS DEC'15 364.99

134.99SENIOR CENTER FIOS SVCS DEC'151241487643 12/10

245.82SENIOR CENTER PHONE SVC DEC'15951-672-9673 12/07

168.76ALARM CITY HALL951-679-3592 12/04

Total : 914.56

32275 12/25/2015 00189 VERIZON WIRELESS 9756438802 CITY MOBILE CHARGES NOV'15 1,927.15

Total : 1,927.15

Bank total : 2,693,580.65 82 Vouchers for bank code : uboc

9Page:

22

12/22/2015

Voucher List

City of Menifee

10

1:50:22PM

Page:vchlist

Bank code : uboc


2,693,580.65Total vouchers :Vouchers in this report 82

10Page:

23

Check Date Check No. Payee Description Amount

12/31/2015 ACH City Payroll Payroll Period 12/12/15 - 12-25-15 197,771.68

TOTAL PAYROLL 197,771.68$

Wire Date Check No. Payee Description Amount

1/4/2015 ACH CALPERS - Retirement Payroll Period 11/28/15 - 12/11/15 29,607.01

1/6/2015 ACH CALPERS - Retirement Payroll Period 12/12/15 - 12/25/15 29,135.55

TOTAL WIRES 58,742.56$

TOTAL PAYMENTS 256,514.24$

Payroll Register and Wire Transfers

City of Menifee

January 20, 2016

24

25

ORDINANCE No. 2016-188

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, FINDING THAT THE MUNICIPAL CODE AMENDMENT IS EXEMPT FROM ENVIRONMENTAL REVIEW AND IMPOSING AN EXPRESS BAN ON MARIJUANA CULTIVATION AND PROCESSING BY AMENDING THE MENIFEE MUNICIPAL CODE WITH THE ADOPTION OF CHAPTER 9.70 “MARIJUANA CULTIVATION AND PROCESSING”

WHEREAS, in 1996, the voters of the State of California adopted Proposition 215, the

Compassionate Use Act (“CUA”) (Health & Safety Code Section 11362.5) which provides for the medical use of marijuana; and

WHEREAS, in 2003 the State of California adopted SB 420, the Medical Marijuana Program (“MMP”), codified at California Health and Safety Code Section 11362.7, which established a voluntary system for qualified patients and their caregivers to obtain identification cards to insulate them from arrest for violations of California law relating to medical marijuana use, and the Attorney General issues guidelines as well regarding collectives and cooperatives; and

WHEREAS, neither the CUA nor the MMP require or impose an affirmative duty or mandate upon local government to allow, authorize, or sanction the establishment of facilities that cultivate or process medical marijuana within its jurisdiction: and

WHEREAS, in May 2013, the California Supreme Court issued a decision in City of

Riverside v. Inland Empire Patients Health and Wellness Center, Inc., et al., holding that cities have the authority to ban medical marijuana land uses; and

WHEREAS, under the Federal Controlled Substances Act, codified in 21 U.S.C. Section

801 et seq., the use, possession, and cultivation of marijuana are unlawful and subject to federal prosecution without regard to a claimed medical need; and

WHEREAS, on October 9, 2015 the Governor signed into law the Medical Marijuana

Regulation and Safety Act (“MMRSA”) which consists of three bills – AB 643, AB 266 and SB 643. WHEREAS, the MMRSA contains provisions that govern cultivating, processing,

transporting, testing and distributing medical cannabis to qualified patients. The MMRSA also contains new statutory provisions that:

• Allow local governments to enact ordinances expressing their intent to prohibit

the cultivation of marijuana and their intent not to administer a conditional permit program pursuant to Health & Safety Code Section 11362.777 for the cultivation of marijuana(Health and Safety Code 11362.777(c)(4));

• Expressly provide that the MMRSA does not supersede or limit local authority of local law enforcement activity, enforcement of local ordinances, or enforcement of local permit or licensing requirements regarding marijuana (Business & Professions Code section 19315(a));

• Expressly provide that the MMRSA does not limit the authority or remedies of a local government under any provision of law regarding marijuana, including but not limited to a local government’s right to make and enforce within its limits all

26

Ordinance No. 2016-188 Medical Marijuana Cultivation

police regulations not in conflict with general laws (Business & Professions Code 19316(c));

WHEREAS, other cities in California have reported negative impacts of marijuana

cultivation and processing activities, including offensive odors, illegal sales and distribution of marijuana, trespassing, theft, robberies and fire hazards; and WHEREAS, marijuana plants as they begin to flower produce a strong odor for two months or more which can be offensive to many people and detectable far beyond property boundaries if grown outdoors; and WHEREAS, the strong smell of marijuana can create an attractive nuisance, alerting persons to the location of the valuable plants and creating a risk of burglary, robbery or armed robbery; and WHEREAS, the indoor cultivation of marijuana has potential adverse effects to the structural integrity of the building due to excessive moisture and the growth of mold along with the use of high wattage grow lights and excessive use of electricity increasing the risk of fire which presents a clear and present danger to the building and its occupants; and WHEREAS, based on the experiences of other cities , these negative effects on the public health, safety, and welfare are likely to occur, and continue to occur in the City if marijuana cultivation and processing activities are allowed to occur in any manner; and WHEREAS, based on the findings above, the potential establishment of cultivation and processing of marijuana in the City without an express ban on such activities poses a current and immediate threat to the public health, safety, and welfare in the City due to the negative impacts of such activities as described above; and WHEREAS, the issuance or approval of business licenses, use permits, variances, building permits or any other applicable entitlement for marijuana cultivation and processing will result in the aforementioned threat to public health, safety, and welfare; and

WHEREAS, it is the purpose and intent of this Ordinance by prohibiting the cultivation and

processing of marijuana to promote public health, safety and welfare of the residents, business owners and visitors within the City; and

WHEREAS, the failure to prohibit marijuana cultivation and processing will expose the City

to costs related to regulation, enforcement and the negative secondary effects associated with marijuana cultivation and processing including an increase in crime; and

WHEREAS, on May 27, 2015, the Planning Commission held a duly noticed public hearing on the recommended Notice of Exemption and proposed Code Amendment by way of DCA No. 2015-256; and WHEREAS, on January 6, 2016, the City Council held a duly noticed public hearing on the recommended Notice of Exemption and proposed Ordinance; and

WHEREAS, at the January 6, 2016 City Council public hearing, based upon the materials in the staff report and accompanying documents, the Council considered the requirements of the

27

Ordinance No. 2016-188 Medical Marijuana Cultivation California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.) with regard to the possible impacts the Ordinance may have upon the environment; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN

AS FOLLOWS: Section 1. The City Council hereby finds that the above recitals are true and correct

and incorporated herein. Section 2. The City Council hereby finds that the proposed amendment to the Menifee

Municipal Code is consistent with the following Goals and Policies of the City’s General Plan: Land Use Element Goal LU-1: Land uses and building types that result in a community where residents at all

stages of life, employers, workers, and visitors have a diversity of options of where they can live, work, shop, and recreate within Menifee.

Policy LU-1.4: Preserve, protect, and enhance established rural, estate, and residential

neighborhoods by providing sensitive and well-designed transitions (building design, landscape, etc.) between these neighborhoods and adjoining areas.

Policy LU-1.10: Buffer sensitive land uses, such as residences, schools, care facilities,

and recreation areas from major air pollutant emission sources, including freeways, manufacturing, hazardous materials storage, and similar uses.

Housing Element Goal HE-2: Sustainable neighborhoods well served by ample parks, infrastructure,

community amenities, and public services and facilities. Policy HE-2.1: Housing Conditions. Support the improvement, rehabilitation, and

maintenance of our housing resources to strengthen residential neighborhoods, offer quality housing, and maintain community property values.

Policy HE-2.2: Property Maintenance. Support the maintenance and improvement of

the quality of housing and neighborhoods through the adoption, amendment, and compliance with land use, zoning, building, and property maintenance codes.

Community Design Element Goal CD-3: Projects, developments, and public spaces that visually enhance the

character of the community and are appropriately buffered from dissimilar land uses so that differences in type and intensity do not conflict.

Policy CD-3.9: Utilize Crime Prevention through Environmental Design (CPTED)

techniques and defensible space design concepts to enhance community safety.

28


Economic Development Element Goal ED-3: A mix of land uses that generates a fiscal balance to support and enhance the

community's quality of life. Safety Element Goal S-4: A community that has effective fire mitigation and response measures in place,

and as a result is minimally impacted by wildland and structure fires. Policy S-4.1: Require fire-resistant building construction materials, the use of vegetation

control methods, and other construction and fire prevention features to reduce the hazard of wildland fire.

Section 3. The Menifee Municipal Code is hereby amended by the addition of a new

Chapter 9.70 to read in its entirety as follows: Chapter 9.70

MARIJUANA CULTIVATION AND PROCESSING Sections:

9.70.010 Purpose and Findings. 9.70.020 Definitions. 9.70.030 Prohibited Activities. 9.70.040 Public Nuisance Declared. 9.70.050 Violations. 9.70.060 Severability

9.70.010 Purpose and Findings. The City Council finds that the prohibitions on marijuana cultivation and processing are necessary for the preservation and protection of the public health, safety, and welfare for the City and its community. The City Council’s prohibition of such activities is within the authority conferred upon the City Council under state law. On October 9, 2015, the Governor signed into law the Medical Marijuana Regulation and Safety Act (“MMRSA”). The MMRSA contains new statutory provisions that: (a) Allow local governments to enact ordinances expressing their intent to prohibit the

cultivation of marijuana and their intent not to administer a conditional permit program pursuant to Health & Safety Code Section 11362.777 for the cultivation of marijuana (Health and Safety Code 11362.777(c)(4));

(b) Expressly provide that the MMRSA does not supersede or limit local authority of local law enforcement activity, enforcement of local ordinances, or enforcement of local permit or licensing requirements regarding marijuana (Business & Professions Code section 19315(a));

(c) Expressly provide that the MMRSA does not limit the authority or remedies of a local government under any provision of law regarding marijuana, including but not limited to a local government’s right to make and enforce within its limits all police regulations not in conflict with general laws (Business & Professions Code 19316(c));

The City Council finds that this chapter:

29


(a) Expresses its intent to prohibit the cultivation and processing of marijuana in the City; (b) Exercises its local authority to enact and enforce local regulations and ordinances,

including those regarding the permitting, licensing, or other entitlement of the activities prohibited by this chapter;

(c) Exercise its police power to enact and enforce regulations for the public benefit, safety, and welfare of the City and its community

9.70.020 Definitions. The following words and phrases shall, for the purposes of this chapter, have the meanings respectively ascribed to them by this section, as follows: (a) “Marijuana” means any or all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannibus rueralis, whether growing or not; the seed thereof; the resin or separated resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, including marijuana infused in foodstuff or any other ingestible or consumable product containing marijuana. The term “marijuana” shall also include “medical marijuana” as such phrase is used in the August 2008 Guidelines for the Security and non-diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the office of the Attorney General for the state of California or subject to the provisions of California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996) or California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act). (b) “Marijuana Cultivation” means growing, planting, harvesting, drying, curing, grading, trimming or processing of marijuana. The term “marijuana cultivation’ shall also include “mobile cultivation” that being the cultivation of marijuana within a movable conveyance such as a vehicle, truck, trailer, recreational vehicle, mobile home or other such mobile device. (c) “Marijuana Processing” means any method used to prepare marijuana or its byproducts for commercial retail and/or wholesale, including but not limited to drying, cleaning, curing, packaging, and extraction of active ingredients to create marijuana related products and concentrates. Further, “marijuana processing” shall include marijuana byproducts created at another location and transported to a site to be used as an additive in another product. 9.70.030 Prohibited Activities. Marijuana cultivation and processing shall be prohibited activities in the City, except where the City is preempted by federal or state law from enacting a prohibition on any such activity. No use permit, variance, building permit, or any other entitlement, license, or permit, whether administrative or discretionary, shall be approved or issued for the activities of marijuana cultivation and marijuana processing in the City, and no person shall otherwise establish or conduct such activities in the City, except where the City is preempted by federal or state law from enacting a prohibition on any such activity for which the use permit, variance, building permit, or any other entitlement, license, or permit is sought. 9.70.040 Public Nuisance Declared. Any violation of this chapter is hereby declared a public nuisance and shall be abated pursuant to all available remedies. 9.70.050 Violations. Violations of this chapter may be enforced by any means available to the City.

30


9.70.060 Severability. If any section, subsection, sentence or clause of this chapter is, for any reason, held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter.

Section 4. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each section, subsection subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

Section 5. The City Council finds the approval of this ordinance is not subject to the

California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines because Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15050(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in a physical change to the environment, directly or indirectly. Furthermore, the City Council finds the approval of this ordinance is not a project under CEQA and it is subject to the CEQA exemption contained in CEQA Guideline section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment.

Section 6. This ordinance shall take effect and be in full force and operation thirty (30) days after its adoption.

Section 7. The City Clerk shall certify to the passage and adoption of this ordinance,

and shall cause the same to be published within fifteen (15) days after passage in accordance with law, and shall cause this ordinance and its certification, together with proof of publication, to be entered in the Book of Ordinances of the City of Menifee. PASSED, APPROVED AND ADOPTED this 20th day of January, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN:

___________________________________ Scott A. Mann, Mayor

APPROVED AS TO FORM: ______________________________________ Jeffrey T. Melching, City Attorney

31

Ordinance No. 2016-188 Medical Marijuana Cultivation CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH A. MANWARING, City Clerk of the City of Menifee, do hereby attest to and certify the attached Ordinance No. 2016-188 to be the original ordinance adopted by the City Council of the City of Menifee on January 20, 2016 and that said Ordinance was published in accordance with the law. Date: ________________ _____________________________________ Sarah A. Manwaring, City Clerk

32

33

ORDINANCE No. 2016-189

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA APPROVING GENERAL PLAN AMENDMENT NO. 2015-049 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION OF APNS 360-040-040 AND 360-040-041 FROM RURAL RESIDENTIAL, ONE ACRE MINIMUM (RR1) TO RURAL RESIDENTIAL, ONE HALF ACRE MINIMUM (RR ½)

WHEREAS, pursuant to Government Code Section 65358, the City has considered less than

four proposed amendments to the City's General Plan in the year 2016; and

WHEREAS, on February 26, 2015, the City initiated General Plan Amendment No. 2015-049 (the “Project”) to change the General Plan land use designation for the property identified as APNs 360-040-040 and 360-040-041, located south of La Piedra Road, east of Murrieta Road and north of Glenhaven Place, from Rural Residential, One Acre Minimum (RR1) to Rural Residential, One Half Acre Minimum (RR ½); and

WHEREAS, on August 26, 2015, the Planning Commission held a duly noticed public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for General Plan Amendment No. 2015-049; and

WHEREAS, at the August 26, 2015 public hearing, based upon the materials in the staff report and accompanying documents, the City of Menifee Planning Commission recommended that the City Council approve General Plan Amendment No. 2015-049; and

WHEREAS, on January 6, 2016 the City Council held a duly noticed public hearing on the

proposed ordinance; and WHEREAS, at the January 6, 2016 City Council public hearing, based on the materials in the staff report, accompanying documents and the recommendation of the Planning Commission, the Council introduced the ordinance for first reading and scheduled the second reading and adoption of the ordinance for January 20, 2016. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN AS FOLLOWS:

Section 1. The above recitals are true and correct and incorporated herein.

Section 2. Section 15162 of the California Environmental Quality Act (CEQA)

Guidelines states that the City may approve the project with the use of a prior CEQA document if there are no substantial changes generated by the proposed project that might result in new significant impacts, no substantial changes in circumstances have occurred that would result in new significant impacts, and no new information is available which would show that the project will have significant impacts. The Negative Declaration for Environmental Assessment No. 39861 was previously adopted by the Riverside County Board of Supervisors and the proposed General Plan Amendment would not substantially change the impacts evaluated in EA 39861.

Staff evaluated the proposed General Plan Amendment further and determined that none of the above-listed circumstances exist which would require additional environmental review. Therefore, no further CEQA review will be required.

34

Ordinance No. 2016-189 GPA No. 2015-049

Section 3. The City Council hereby finds that the proposed amendment to the General

Plan Land Use map via GPA 2015-049 is consistent with the Goals and Policies of the City’s General Plan:

Land Use Element Goal LU-1: Land uses and building types that result in a community where residents at

all stages of life, employers, workers, and visitors have a diversity of options of where they can live, work, shop, and recreate within Menifee.

Policy LU-1.2: Provide a spectrum of housing types and price ranges that match the jobs

in the City and make it possible for people to live and work in Menifee and maintain a high quality of life.

Policy LU-1.4: Preserve, protect, and enhance established rural, estate, and residential

neighborhoods by providing sensitive and well-designed transitions (building design, landscape, etc.) between these neighborhoods and adjoining areas.

Goal HE-1: A diverse housing stock that offers a full range of housing opportunities for

Menifee residents and supports the local economy. Policy HE-1.3: Housing Diversity. Provide development standards and incentives to

facilitate a range of housing, such as single family, apartments, senior housing, and other housing types in rural, suburban, and urban settings.

Section 4. The City Council hereby finds that the proposed amendment to the General

Plan Land Use map via GPA 2015-049 is consistent with the Vision and Community Values identified in Section 1 “Introduction” of the City’s General Plan

Section 5. The Menifee General Plan is hereby amended by revising the official

General Plan Land Use map of the City of Menifee by changing the land use designation as shown in attached Exhibit “GPA 2015-049 Proposed General Plan” to this Ordinance.

Section 6. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

Section 7. This Ordinance shall take effect and be in full force and operation thirty (30) days after its adoption.

Section 8. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be published within fifteen (15) days after passage in accordance with law, and shall cause this Ordinance and its certification, together with proof of publication, to be entered in the Book of Ordinances of the City of Menifee.

35

PASSED APPROVED AND ADOPTED this 20th day of January, 2016, by the following vote:

AYES: NOES: ABSENT: ABSTAIN:

____________________________________________

Scott A. Mann, Mayor APPROVED AS TO FORM:

____________________________________________ Jeffrey T. Melching, City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY

I, SARAH A. MANWARING, City Clerk of the City of Menifee, do hereby attest to and certify the attached Ordinance No. 2016-189 to be the original ordinance adopted by the City Council of the City of Menifee on January 20, 2016 and that said ordinance was published in accordance with the law.

Date: ________________ ____________________________________ Sarah A. Manwaring, City Clerk

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Documents

Agenda 2 Minutes of January 6, 2016 City Council Meeting