TUESDAY, DECEMBER 02, 2003

7:00 PM

6:30 PM CLOSED SESSION

CONFERENCE WITH REAL PROPERTY NEGOTIATOR, ASSISTANT CITY MANAGER LORI MOSS, REGARDING LEASE OF PROPERTY AT MURRIETA TOWN SQUARE, INCLUDING PRICE AND TERMS OF PAYMENT (G.C. 54956.8)

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

CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION, CITIZENS TO ENFORCE CEQA v. CITY OF MURRIETA (TARGET DENSITIES) (CASE #RIC 382622)

7:00 PM REGULAR MEETING

CALL TO ORDER: Mayor Richard Ostling

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

PLEDGE OF ALLEGIANCE:

INVOCATION: Pastor Randy Leisey, United Church of the Valley

1. CITY CLERK PRESENTS RESOLUTION RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD NOVEMBER 4, 2003

Recommended Action: Adopt a Resolution Reciting Fact of the General Municipal Election held on November 4, 2003 declaring the Result and Such Other Matters as Provided by Law.

2. PRESENTATION TO OUTGOING LEGISLATIVE BODY MEMBER

3. PRIVILEGE OF THE FLOOR EXTENDED TO OUTGOING OFFICIAL

4. CITY CLERK DELIVERS A CERTIFICATE OF ELECTION AND ADMINISTERS OATH OF OFFICE TO NEWLY-ELECTED OFFICIALS AS PRESCRIBED BY ELECTIONS AND GOVERNMENT CODES OF THE STATE OF CALIFORNIA

RECESS FOR RECEPTION HONORING MEMBERS

5. SEATING OF COUNCIL BY TENURE AND MAJORITY

6. NOMINATION AND SELECTION OF OFFICERS

Recommended Action: Make nominations and selections for the following officers:

a) Council - Mayor and Mayor Pro Tem

b) Redevelopment Agency - Chair and Vice Chair

c) Community Services District - President and Vice President

d) Fire District - President and Vice President

e) Library Board - President and Vice President

7. PRIVILEGE OF THE FLOOR EXTENDED TO INCOMING OFFICIALS

8. SELECTION OF COUNCIL REPRESENTATIVES TO AGENCIES AND COMMITTEES

Recommended Action: Appoint Council Representatives and/or alternates to various agencies and committees.

PRESENTATIONS:

PROCLAMATION RECOGNIZING THE 4TH ANNUAL COMMUNITY CANDLELIGHT TRIBUTE "REMEMBERING THOSE WE'VE LOVED AND LOST" WILL BE PRESENTED TO LINDA MEJIA, SENIOR CODE ENFORCEMENT OFFICER

PRESENTATION ON PROGRAM BUDGETS FOR POLICE AND FIRE DEPARTMENTS BY STUDENTS FROM CALIFORNIA STATE UNIVERSITY, SAN MARCOS

APPROVAL OF AGENDA

COMMUNITY REPORT Kimberlyn Way, Murrieta Valley 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:

Community Services - Announcement of Holiday Magic Activities

GOVERNING BODY ANNOUNCEMENTS:

APPROVAL OF CONSENT CALENDARS: CITY COUNCIL ITEMS 9-25; REDEVELOPMENT AGENCY ITEMS 33 & 34; COMMUNITY SERVICES DISTRICT ITEMS 35-39; AND FIRE DISTRICT ITEMS 40 & 41.

(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

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

*10. MINUTES

Recommended Action: Approve the Minutes of the 6:45 p.m. Closed Session and 7:00 p.m. Regular Meeting on November 18, 2003.

*11. REGISTER OF DEMANDS

Recommended Action: Approve the Register of Demands in the amount of $1,227,769.32 through November 18, 2003.

*12. AN ORDINANCE CHANGING ZONING ON 21.8 ACRES FROM SINGLE FAMILY -1 (SF-1) AND 0.8 ACRES FROM NEIGHBORHOOD COMMERCIAL (NC) TO COMMUNITY COMMERCIAL (CC), GENERALLY DESCRIBED AS THE AREA BOUNDED BY MURRIETA HOT SPRINGS ROAD, DEL HAVEN ROAD, WINCHESTER CREEK/ CALLE DE FORTUNA ROAD, AND DATE STREET (02-425)

Recommended Action: Adopt the Ordinance approving Zone Change Case 02-425.

*13. AN ORDINANCE AMENDING THE HISTORIC MURRIETA SPECIFIC PLAN (SPM-8)

Recommended Action: Following adoption of election results, declare ordinance adopted.

*14. RESOLUTION APPROVING FINAL TRACT MAP 31177, A 34 LOT RESIDENTIAL SUBDIVISION MAP, FOR CONDOMINIUM PURPOSES, BORDERED ON THE SOUTHEAST BY MAPLETON STREET AND ON THE SOUTHWEST BY MAPLETON AVENUE (BLUESTONE COMMUNITIES) AND ASSOCIATED AGREEMENTS

Recommended Action: Adopt the Resolution approving Final Tract Map 31177 and associated agreements.

*15. REJECTION OF BID FOR THE CONSTRUCTION OF A RESTROOM FACILITY AT FIREFIGHTERS PARK, PROJECT NO. 03-43 AND APPROVAL TO RE-BID THE PROJECT

Recommended Action: Reject the bid for the construction of a restroom facility at Firefighters Park, Project No. 03-243 and give approval to re-bid the project.

*16. AWARD OF CONTRACT FOR TOWN SQUARE IMPROVEMENTS

Recommended Action: Award a contract to the lowest responsible bidder for the Town Square Improvements which will install street improvements, utility improvements and complete grading of building pads.

*17. GRANT OF EASEMENT AND BILL OF SALE TO VERIZON TO CONVEY OWNERSHIP AND MAINTENANCE RESPONSIBILITY OF COMMUNICATION CONDUIT INSTALLED IN JEFFERSON AVENUE TO PROVIDE PHONE SERVICE TO TOWN SQUARE

Recommended Action: Approve easement to Verizon and authorize the Mayor to sign the Grant of Easement and Bill of Sale Document.

*18. TRANSFER SALARY SAVINGS FROM BUDGETED POSITION TO ENGINEERING SUPPLIES ACCOUNT

Recommended Action: Approve the transfer of funds from salary savings of vacant Engineering Assistant position to fund the purchase of two Mylar Storage Cabinets for project plans.

*19. D.A.R.E. SERVICE AGREEMENT FOR 2003/2004

Recommended Action: Allocate $18,500 from the City Reserve Account to pay for the costs of continuing to fund the police department D.A.R.E. program for students in Grade 5 due to the Federal Government Title IV restriction preventing any further funding for D.A.R.E. courses.

*20. SECOND AMENDMENT AGREEMENT RE: OPERATING COVENANT (MURRIETA AUTO MALL)

Recommended Action: Approve the Second Amendment to Agreement Re: Operating Covenant Affecting Interest in Real Property with Joseph C. Herold and Charles R. Herbard doing business as the Murrieta Automall and authorize the Mayor to execute the document.

*21. CONTRACT FOR PREPARATION OF ENVIRONMENTAL DOCUMENTS FOR COMMERCIAL CENTER AT INTERSTATE 215 AND CLINTON KEITH ROAD (03-161)

Recommended Action: Approve the Agreement with Tom Dodson & Associates for the preparation of environmental documents in accordance with the California Environmental Quality Act (CEQA) for the proposed commercial project at Interstate 215 and Clinton Keith Road (03-161), at a cost estimated at $76,640 paid by the applicant.

*22. AUTHORIZATION TO PURSUE 2003 L.L.E.B.G. FUNDS

Recommended Action: Authorize staff to complete the 2003 Local Law Enforcement Block Grant "electronic on-line" application process, make the necessary certifications to the Federal and/or State regulators, formally accept the grant, and provide the necessary local funding match in the amount of $1,266 to be paid from the Crime Prevention Trust Fund.

*23. APPROVE THE PURCHASE OF PARCEL APN 910-262-005 UTILIZING GENERAL FUND RESERVES

Recommended Action: Approve the purchase of Parcel APN 910-262-005, authorize a $500,000 appropriation from General Fund Reserves for the purchase, and authorize the City Manager to sign the documents required to complete the purchase for potential future right-of-way for French Valley Parkway.

*24. ACCEPTANCE OF THE CONSTRUCTION IMPROVEMENTS FOR THE LOS ALAMOS HILLS SPORTS PARK GRADING AND NOTICE OF COMPLETION

Recommended Action: Accept the construction improvements for the Los Alamos Hills Sports Park Grading as complete and direct staff to record the Notice of Completion.

*25. CLINTON KEITH ROAD AT I-215 INTERIM IMPROVEMENTS FUNDING ADJUSTMENT

Recommended Action: Approve a $240,000 increase to the project budget, from the Freeway Overpass and Access Ramp DIF fund.

PUBLIC HEARINGS

26. RESOLUTION OF NECESSITY FOR THE ACQUISITION OF CERTAIN PROPERTY BY EMINENT DOMAIN FOR PUBLIC RIGHT-OF-WAY FOR MASTER PLANNED LINE "E" FLOOD CONTROL PROJECT LOCATED ADJACENT TO CLAY STREET, SOUTH OF IVY STREET, ASSESSOR'S PARCEL NUMBER 909-090-001 (RIGHT-OF-WAY ACQUISITION PARCEL NUMBERED 7130-1A) (GWINN)

Recommended Action: Adopt the Resolution of Necessity for the acquisition of Certain Property by Eminent Domain located adjacent to Clay Street, southerly of Ivy Street.

27. RESOLUTION OF NECESSITY FOR THE ACQUISITION OF CERTAIN PROPERTY BY EMINENT DOMAIN FOR PUBLIC RIGHT-OF-WAY FOR MASTER PLANNED LINE "E" FLOOD CONTROL PROJECT LOCATED APPROXIMATELY 548 FEET SOUTH OF AND PARALLEL TO IVY STREET, ASSESSOR'S PARCEL NUMBER 909-080-002 (RIGHT-OF-WAY ACQUISITION PARCEL NUMBERED 7130-3) (DENHAM)

Recommended Action: Adopt a Resolution of Necessity for the acquisition of Certain Property by Eminent Domain located approximately 548 feet south of and parallel to Ivy Street.

28. CONTINUED PUBLIC HEARING - 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.

29. RESOLUTION ADOPTING THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF) BUDGET AND MAKING APPROPRIATIONS FOR THE 2003-2004 FISCAL YEAR

Recommended Action: Adopt the Resolution approving the Supplemental Law Enforcement Services Fund budget and making appropriations for the 2003-2004 fiscal year.

REPORTS, REQUESTS AND COMMUNICATIONS

30. COMMISSION/COMMITTEE APPOINTMENTS

Recommended Action: That the City Council:

a) Appoint one Planning Commissioner, term expiring 6-30-2004;

b) Appoint one Public Safety Commissioner, term expiring 6-30-2006; and

c) Appoint four representatives and four alternates to the General Plan Advisory Committee, terms expiring approximately one year from formation.

31. PARKING/CUT THROUGH TRAFFIC AROUND MURRIETA VALLEY HIGH SCHOOL

Recommended Action: Authorize parking restrictions and turn movement restrictions in neighborhoods in the vicinity of Murrieta Valley High School as recommended by staff and approved and fowarded by the Public Safety and Transportation Commission.

32. SELECTION OF MEMBERS TO AD HOC COMMITTEE FOR THE TEMECULA CAMPUS EDUCATION PROJECT

Recommended Action: Select two members to serve on the ad hoc committee for the Temecula Campus Education Project.

REDEVELOPMENT AGENCY

*33. MINUTES

Recommended Action: Approve the Minutes of the 7:00 p.m. Regular Meeting on November 18, 2003.

*34. REGISTER OF DEMANDS

Recommended Action: Approve the Register of Demands in the amount of $22,481.21 through November 18, 2003.

COMMUNITY SERVICES DISTRICT

*35. MINUTES

Recommended Action: Approve the Minutes of the 7:00 p.m. Regular Meeting on November 18, 2003.

*36. REGISTER 0F DEMANDS

Recommended Action: Approve the Register of Demands in the amount of $159,113.25 through November 18, 2003.

*37. ACCEPTANCE OF LOT J OF TRACT 27974 AND AREAS LOCATED IN THE ROAD RIGHT-OF-WAY OF TRACTS 27973, 27974 AND 29453 FOR LANDSCAPE MAINTENANCE

Recommended Action: Accept the landscape improvements for Lot J of Tract 27974 and areas located in road right-of-way of Tracts 27973, 27974, & 29453, Western Pacific, and direct the Murrieta Community Services District to commence maintenance of the landscape associated with these lots and recordation of appropriate documents.

*38. ACCEPTANCE OF LOTS 119-121 OF TRACT 28184, A PORTION OF LOT 41 AND AREAS LOCATED IN ROAD RIGHT-OF-WAY OF TRACT 28184 FOR LANDSCAPE MAINTENANCE

Recommended Action: Accept the landscape improvements for Lots 119-121 of Tract 28184, a portion of Lot 41 and areas located in road right-of-way of Tract 28184, Weston Hills, and direct the Murrieta Community Services District to commence maintenance of the landscape associated with these lots and recordation of appropriate documents.

*39. ACCEPTANCE OF A PORTION OF LOTS 159 & 161 OF TRACT 23626, A PORTION OF LOTS 37 & 38 OF TRACT 23628-2, AND A PORTION OF LOTS 1/170, 10/171, 163/169 & 165/168 OF TRACT 23626 AND A PORTION OF LOT 85/110 OF TRACT 23627 FOR LANDSCAPE MAINTENANCE

Recommended Action: Accept the landscape improvements for a portion of Lots 159 & 161 of Tract 23626, a portion of Lots 37 & 38 of Tract 23628-2, and a portion of Lots 1/170, 10/171, 163/169 & 165/168 of Tract 23626 and a portion of Lots 85/110 of Tract 23627, Vintage Reserve, and direct the Murrieta Community Services District to commence maintenance of the landscape associated with these parcels and recordation of appropriate documents.

MURRIETA FIRE DISTRICT

*40. MINUTES

Recommended Action: Approve the Minutes of the 7:00 p.m. Regular Meeting on November 18, 2003.

*41. REGISTER OF DEMANDS

Recommended Action: Approve the Register of Demands in the amount of $167,057.21 through November 18, 2003.

PULLED CONSENT CALENDAR ITEMS

GOVERNING BODY ACTIONS/COMMENTS

ADJOURNMENT