TUESDAY, NOVEMBER 18, 2003

7:00 PM

6:45 PM CLOSED SESSION

CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION, CITY OF MURRIETA V. SUEDA, CASE #RIC 368556 (G.C. 54956.9a)

CONFERENCE WITH REAL PROPERTY NEGOTIATOR, ASSISTANT CITY MANAGER LORI MOSS, REGARDING PROPERTY GENERALLY LOCATED EAST OF JEFFERSON AVENUE AND SOUTH OF DATE STREET (HOFF INVESTMENTS AND PMD INVESTMENTS) (G.C. 54956.8)

7:00 PM REGULAR MEETING

CALL TO ORDER: Mayor Richard Ostling

ROLL CALL:            Enochs, Seyarto, van Haaster, Youens and Ostling

PLEDGE OF ALLEGIANCE:

INVOCATION:         Deacon Harold Melton, St. Martha's Catholic Church

PRESENTATIONS:

PRESENTATION OF THE DEVELOPMENT IMPACT FEES CHECK TO THE CITY BY 3RD DISTRICT SUPERVISOR JAMES VENABLE

RIVERSIDE COUNTY DEPARTMENT OF HEALTH PRESENTATION OF PLATINUM LUNG AWARD TO THE CITY OF MURRIETA

PROCLAMATION RECOGNIZING SOUTHWEST HEALTH CARE SYSTEM AND THE EXPANSION OF RANCHO SPRINGS MEDICAL CENTER

APPROVAL OF AGENDA

COMMUNITY REPORT - MALORY MITCHELL, VISTA MURRIETA HIGH SCHOOL

PUBLIC COMMENTS - At this time any person may address the governing bodies on any subject pertaining to City business, which does not relate to any item listed on the printed agenda.  Normally no action may be considered or taken by the governing bodies on any matter not listed on the agenda.  Each speaker will be limited to three minutes on any single item with a 30-second warning and a total of five minutes per meeting. Per Resolution 97-527, business will begin at 7:45 p.m. and remaining public comments continued to the end of the meeting.

DEPARTMENT/COMMISSION ANNOUNCEMENTS:

Library - Award of State Library Grant

City Clerk - Applications being accepted for General Plan Advisory Committee and Planning Commission

Engineering - Update on CIP Projects

GOVERNING BODY ANNOUNCEMENTS:

APPROVAL OF CONSENT CALENDARS: CITY COUNCIL ITEMS 1-23; REDEVELOPMENT AGENCY ITEMS 37 & 38; COMMUNITY SERVICES DISTRICT ITEMS 39-45; AND FIRE DISTRICT ITEMS 46-48.

(All matters listed and marked with an asterisk (*) on the Consent Calendar are to be considered routine by the governing bodies, and will be enacted by one motion in the form listed.  There will be no discussion of these items unless, before the governing body votes on the motion to adopt, specific items are removed from the Consent Calendar for separate motions.)

CONSENT CALENDAR

*1.              WAIVE READING OF ALL ORDINANCE INTRODUCTIONS ON THIS AGENDA AND READ BY TITLE ONLY

*2.              MINUTES

Recommended Action: Approve the Minutes of the 6:45 p.m. Closed Session and 7:00 p.m. Regular Meeting on October 21, 2003 and the 9:00 a.m. Special Meeting on November 6, 2003.

*3.              REGISTER OF DEMANDS

Recommended Action: Approve the Register of Demands through November 4, 2003 in the amount of $692,995.75.

*4.              TREASURER'S REPORT

Recommended Action: Receive the summary of Investment Transactions through the month of October, 2003.

*5.              RESOLUTION APPROVING THE CITY OF MURRIETA TO APPLY FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002

Recommended Action: Adopt the Resolution authorizing the City of Murrieta to apply for grant funds for the Per Capita Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002.

*6.              RESOLUTION APPROVING FINAL TRACT MAP 28533-8 (MAPLETON), AN 86 LOT RESIDENTIAL SUBDIVISION MAP BORDERED ON THE SOUTH BY KELLER ROAD, WEST BY MENIFEE ROAD AND NORTH BY POINSETTIA STREET AND ASSOCIATED AGREEMENTS

Recommended Action: Adopt the Resolution approving Final Tract Map 28533-8 and associated agreements.

*7.              RESOLUTION APPROVING FINAL TRACT MAP 28533-9 (MAPLETON), A 118 LOT RESIDENTIAL SUBDIVISION LYING EAST OF INTERSTATE 215, SOUTH OF SCOTT ROAD AND NORTH OF KELLER ROAD AND ASSOCIATED AGREEMENTS

Recommended Action: Adopt the Resolution approving Final Tract Map 28533-9 and associated agreements.

*8.              RESOLUTION APPROVING FINAL TRACT MAP 28533-10 (MAPLETON), A 113 LOT RESIDENTIAL SUBDIVISION MAP LYING NORTH OF KELLER ROAD, BORDERED ON THE WEST BY MENIFEE ROAD, NORTH/NORTHEAST BY MAPLETON STREET AND SOUTH/SOUTHEAST BY POINSETTIA STREET AND ASSOCIATED AGREEMENTS

Recommended Action: Adopt the Resolution approving Final Tract Map 28533-10 and associated agreements.

*9.              RESOLUTION APPROVING FINAL PARCEL MAP 30488, A SIXTEEN PARCEL COMMERCIAL DEVELOPMENT MAP BORDERED ON THE NORTH BY MURRIETA HOT SPRINGS ROAD, SOUTHEAST BY JACKSON AVENUE AND LYING EAST OF INTERSTATE 215 AND ASSOCIATED AGREEMENTS

Recommended Action: Adopt the Resolution approving Final Parcel Map 30488 and associated agreements.

*10.          RESOLUTION APPROVING FINAL PARCEL MAP 31338, A 12 PARCEL INDUSTRIAL DEVELOPMENT MAP LYING WEST OF JEFFERSON AVENUE, BORDERED ON THE WEST BY ADAMS AVENUE, NORTH BY EASTMAN DRIVE AND SOUTH BY CORPORATE CENTER COURT AND ASSOCIATED AGREEMENT

Recommended Action: Adopt the Resolution approving Final Parcel Map 31338 and associated agreement.

*11.          AWARD OF CONTRACT AND BUDGET ADJUSTMENT FOR CITY PROJECT NO. 03-8034; TRAFFIC SIGNAL INSTALLATION AT JEFFERSON AVENUE AND ELM STREET

Recommended Action: Award a contract to DBX, Inc. in the amount of $144,750 for the installation of a new traffic signal system and signal interconnect for the Jefferson Avenue at Elm Street, and utilizing traffic signal DIF, increase the construction budget $35,000.

*12.          ACCEPTANCE OF PUBLIC IMPROVEMENTS IN TRACT 29026 LOCATED AT WHITEWOOD ROAD AND BUSMAN ROAD (FALLSGROVE LLC)

Recommended Action: Accept the public improvements in Tract 29026 and direct the Public Works Department to commence maintenance of the street and drainage improvements associated with this tract.

*13.          ACCEPTANCE OF PUBLIC IMPROVEMENTS IN TRACT 29069-1 LOCATED AT GRIZZLY RIDGE AND CAMELLIA LANE (YOUNG CALIFORNIA HOMES)

Recommended Action: Accept the public improvements in Tract 29069-1 and direct the Public Works Department to commence maintenance of the street and drainage improvements associated with this tract.

*14.          ACCEPTANCE OF PUBLIC IMPROVEMENTS IN TRACT 29069-2 LOCATED AT GRIZZLY RIDGE DRIVE AND JEFFERSON AVENUE (YOUNG CALIFORNIA HOMES)

Recommended Action: Accept the public improvements in Tract 29069-2 and direct the Public Works Department to commence maintenance of the street and drainage improvements associated with this Tract.

*15.          MODIFICATION AND REMOVAL OF CONDITION OF APPROVAL AND TERMINATION OF GRANT OF DRAINAGE EASEMENT FOR PARCEL MAP 30059

Recommended Action: Unconditionally delete conditions of approval number 21 and 22 of Parcel Map 30059 (Development Plan 00-167) and terminate the Grant of Drainage Easement recorded as Instrument Number 2001-322252, official records of the County of Riverside, State of California.

*16.          CHANGE ORDER; CITY PROJECT NO. 00-199; ASPHALT OVERLAY

Recommended Action: Approve a Change Order in the amount of $122,000 to project number 00-199, Asphalt Overlay.

*17.          AGREEMENTS FOR CONSTRUCTION OF ROAD AND DRAINAGE IMPROVEMENTS, WATER SYSTEM IMPROVEMENTS, AND SEWER SYSTEM IMPROVEMENTS AND ASSOCIATED BONDS FOR PARCEL MAP 26350, LOCATED ON HANCOCK AVENUE WEST OF I-215 BETWEEN MURRIETA HOT SPRINGS ROAD AND LOS ALAMOS ROAD

Recommended Action: Approve the Agreements for Construction of Road and Drainage Improvements, Water System Improvements, and Sewer System Improvements and associated Bonds for Parcel Map 26350.   The map was approved years ago and is now being developed as a medical office building.

*18.          SUBSTITUTION OF BONDS AND AGREEMENTS FOR TRACT 28903-1 (THE VINEYARDS), LOCATED AT THE NORTHWEST CORNER OF HAYES AND VINEYARD PARKWAY

Recommended Action: Approve the substitution of bonds and agreements for Tract 28903-1.

*19.          MURRIETA HOT SPRINGS ROAD WIDENING - WARM SPRINGS CREEK TO MARGARITA ROAD FUNDING ADJUSTMENT

Recommended Action: Approve the revised project budget and project scope for Murrieta Hot Springs Road Widening, Warm Springs Creek to Margarita Road and upgrade to an "A" Priority.

*20.          SPONSOR'S AGREEMENT FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE MURRIETA SENIOR CENTER

Recommended Action: Approve the Sponsor's Agreement for the use of Community Development Block Grant (CDBG) funds for the Murrieta Senior Center and authorize the Mayor to execute the Agreement.

*21.          AMENDMENT TO SETTLEMENT AGREEMENTS BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF MURRIETA

Recommended Action: Approve the Amendment to Settlement Agreements between the County of Riverside and the City of Murrieta and authorize the Mayor to execute the Agreement.

*22.          FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF MURRIETA ON ADMINISTERING THE SOUTHWEST AREA ROAD AND BRIDGE BENEFIT DISTRICT

Recommended Action: Approve the First Amendment to the Agreement between the County of Riverside and the City of Murrieta on administering the Southwest Area Road and Bridge Benefit District and authorize the Mayor to execute the agreement.

*23.          ACQUISITION AGREEMENT FOR COMMUNITY FACILITIES DISTRICT 2003-2 (BLACKMORE RANCH)

Recommended Action: Approve the Acquisition Agreement.

PUBLIC HEARINGS

 24.            RESOLUTION OF NECESSITY FOR THE ACQUISITION OF CERTAIN PROPERTY BY EMINENT DOMAIN FOR THE MURRIETA HOT SPRINGS ROAD AND JACKSON AVENUE RIGHT-OF-WAY

Recommended Action: Adopt the Resolution of Necessity for the acquisition of certain property by Eminent Domain for the Murrieta Hot Springs Road and Jackson Avenue Right-of-Way (Anderson).

 25.            RESOLUTION OF NECESSITY FOR THE ACQUISITION OF CERTAIN PROPERTY BY EMINENT DOMAIN FOR THE MURRIETA HOT SPRINGS ROAD AND JACKSON AVENUE RIGHT-OF-WAY

Recommended Action: Adopt the Resolution of Necessity for the acquisition of certain property by Eminent Domain for the Murrieta Hot Springs Road and Jackson Avenue right-of-way (Kaufman).

 26.            RESOLUTION OF NECESSITY TO ACQUIRE PROPERTY BY EMINENT DOMAIN FOR CONSTRUCTION OF THE LINE "E" STORM DRAIN PROJECT

Recommended Action: Adopt the Resolution of Necessity to acquire property by Eminent Domain for the construction of the Line "E" Storm Drain Project (Melanie Investment Group).

 27.            RESOLUTION OF NECESSITY TO ACQUIRE PROPERTY BY EMINENT DOMAIN FOR THE CONSTRUCTION OF THE LINE "E"  STORM DRAIN PROJECT

Recommended Action: Adopt the Resolution of Necessity to acquire property by Eminent Domain for the construction of the Line "E" Storm Drain Project (Murrieta Mortgage).

 28.            RESOLUTION OF NECESSITY TO ACQUIRE PROPERTY BY EMINENT DOMAIN FOR CONSTRUCTION OF THE LINE "E" STORM DRAIN PROJECT

Recommended Action: Adopt the Resolution of Necessity to acquire property by Eminent Domain for construction of the Line "E" Storm Drain Project (House).

 29.            CONTINUED PUBLIC HEARING COMMUNITY FACILITIES DISTRICT 2003-3 (CREEKSIDE)

Recommended Action: Continue the Public Hearing to February 17, 2004 due to permit processing by the U.S. Department of Fish and Game.

 30.            CONTINUED PUBLIC HEARING ON APPEAL 03-249 OF CONDITIONAL USE PERMIT 02-182 (EWLES RECYCLING FACILITY)

Recommended Action: That the City Council Deny Appeal 03-249 and uphold the action of the Planning Commission to approve Conditional Use Permit 02-182 based on the Findings and subject to the Conditions of Approval.

 31.            APPEAL OF PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT 03-068, A RECREATIONAL VEHICLE FACILITY LOCATED AT 26240 JACKSON AVENUE

Recommended Action: That the City Council Deny the appeal and uphold the action of the Planning Commission to approve Conditional Use Permit 03-068 based on the Findings and subject to the Conditions of Approval.

 32.            APPEAL OF CONDITIONAL USE PERMIT 02-459 AND DEVELOPMENT PLAN 03-083; CHEVRON STATION LOCATED AT THE SOUTHEAST CORNER OF MARGARITA ROAD AND MURRIETA HOT SPRINGS ROAD

Recommended Action: Accept the appellant's request to withdraw the Appeal.

 33.            GENERAL PLAN AMENDMENT 02-427 AND ZONE CHANGE 02-425 FOR 22.6 ACRES; LOCATED ON THE SOUTH SIDE OF MURRIETA HOT SPRINGS ROAD, WEST OF DEL HAVEN STREET, AND EAST OF THE DEVELOPMENT OF CALLE DEL LAGO

Recommended Action: That the City Council:

a)         Adopt a Mitigated Negative Declaration;

b)         Adopt the Resolution amending the General Plan Land Use Map from Single Family-1 (SF-1) and Neighborhood Commercial (NC) to Community Commercial (CC), subject to the Findings and Conditions of Approval; and

c)         Introduce an Ordinance approving Zone Change #02-425 subject to the Findings and Conditions of Approval.

 34.            DEVELOPMENT CODE UPDATE

Recommended Action: Adopt a Negative Declaration and Introduce an Ordinance incorporating the Planning Commission's recommended Development Code amendments including items regarding second living units, floor area for Community Commercial zoning, Adult Entertainment, Master Plan Overlay/Master Development, exterior lighting, residential development standards, implementation of Housing Element, and emergency shelters/transitional housing.

 35.            ANNUAL ADJUSTMENT TO PUBLIC FACILITIES DEVELOPMENT IMPACT FEES

Recommended Action: That the City Council:

a)         Adopt the Resolution which amends Resolution No. 98-612 to include office, commercial and industrial development in Section 5 "Automatic Adjustments in Amount of Fees"; and

b)         Adopt the Resolution which adjusts the public facilities development impact fees for residential, office, commercial and industrial development.

REPORTS, REQUESTS AND COMMUNICATIONS

 36.            MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF MURRIETA FOR THE PREPARATION AND FUNDING OF THE FISCAL ANALYSIS STUDY FOR WILDOMAR

Recommended Action: Approve the Memorandum of Understanding (MOU) between the County of Riverside and the City of Murrieta for the preparation and funding of the fiscal analysis study for Wildomar and authorize the Mayor to execute the MOU.

REDEVELOPMENT AGENCY

*37.          MINUTES

Recommended Action: Approve the Minutes of the 7:00 p.m. Regular Meeting on October 21, 2003 and the 9:00 a.m. Special Meeting on November 6, 2003.

*38.          REGISTER OF DEMANDS

Recommended Action: Approve the Register of Demands through November 4, 2003 in the amount of $7,956.13.

COMMUNITY SERVICES DISTRICT

*39.          MINUTES

Recommended Action: Approve the Minutes of the 7:00 p.m. Regular Meeting on October 21, 2003 and the 9:00 a.m. Special Meeting on November 6, 2003.

*40.          REGISTER OF DEMANDS

Recommended Action: Approve the Register of Demands through November 4, 2003 in the amount of $72,610.11.

*41.          ACCEPTANCE OF A PORTION OF LOTS 27, 28, 32, 53, 96 & 97 OF TRACT 23051 AND A PORTION OF LOTS 62, 63 & 86-88 OF TRACT 23329 FOR LANDSCAPE MAINTENANCE

Recommended Action: Accept the landscape improvements for a portion of Lots 27, 28, 32, 53, 96 & 97 of Tract 23051 and portion of Lots 62, 63 & 86-88 of Tract 23329 (The Oaks) and direct the Murrieta Community Services Department to commence maintenance of the landscape associated with these lots and recordation of appropriate documents.

*42.          ACCEPTANCE OF A PORTION OF LOTS A, C, D, E & F OF TRACT 23628-2 FOR LANDSCAPE MAINTENANCE

Recommended Action: Accept the landscape improvements for a portion of Lots A, C, D, E, & F of Tract 23628-2, Vintage Reserve, and direct the Murrieta Community Services District to commence maintenance of the landscape associated with these parcels and recordation of appropriate documents.

*43.          ACCEPTANCE OF LOTS R, S, T & U OF TRACT 29602 FOR LANDSCAPE MAINTENANCE

Recommended Action: Accept the landscape improvements for Lots R, S, T, & U of Tract 29602, Copper Creek, and direct the Murrieta Community Services District to commence maintenance of the landscape associated with these lots and recordation of appropriate documents.

*44.          AGREEMENT WITH ALHAMBRA GROUP FOR PROFESSIONAL SERVICES REQUIRED FOR THE LANDSCAPE DEVELOPMENT OF LOS ALAMOS HILLS SPORTS PARK

Recommended Action: Authorize staff to enter into an Agreement with Alhambra Group for the necessary professional services required for the landscape development of Los Alamos Hills Sports Park, in the amount of $31,760 plus 15% contingency.

*45.          COMPUTER REPLACEMENT

Recommended Action: Authorize staff to use $1,198.25 from the Equipment Replacement Budget to purchase a new computer to replace an existing computer for recreation staff at California Oaks Sports Park.

MURRIETA FIRE DISTRICT

*46.          MINUTES

Recommended Action: Approve the Minutes of the 7:00 p.m. Regular Meeting on October 21, 2003 and the 9:00 a.m. Special Meeting on November 6, 2003.

*47.          REGISTER OF DEMANDS

Recommended Action: Approve the Register of Demands through November 4, 2003 in the amount of $175,569.53.

*48.          PURCHASE OF FIRE APPARATUS

Recommended Action: Approve the purchase of two Type I pumpers, one Type III brush engine and one Water Tender, with $741,500 from Fire Development Impact Fees and $398,250 from County Development Impact Fees vehicle funds.

PULLED CONSENT CALENDAR ITEMS

GOVERNING BODY ACTIONS/COMMENTS

ADJOURNMENT, IF NECESSARY, TO 7:00 PM ON NOVEMBER 20, 2003