TUESDAY, JULY 06, 2004

7:00 PM

6:30 PM CLOSED SESSION

CONFERENCE WITH LEGAL COUNSEL, PENDING LITIGATION, ONE POTENTIAL CASE (G.C. 54956.9)

CONFERENCE WITH REAL PROPERTY NEGOTIATOR, COMMUNITY SERVICES DIRECTOR JIM HOLSTON, CONCERNING PRICE, REGARDING APPROXIMATELY 81 ACRES LOCATED AT THE SOUTHWESTERN BOUNDARY OF THE CITY ADJACENT TO THE SANTA ROSA PLATEAU, APN 909-160-012-8, (G.C. 54956.8)

7:00 PM REGULAR MEETING

CALL TO ORDER: Mayor Jack van Haaster

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

PLEDGE OF ALLEGIANCE:

INVOCATION: Pastor Brian Bell, Calvary Chapel, Murrieta

PRESENTATIONS:

RECOGNITION OF TIMOTHY KUZELKA, 2003-2004 CHAIRMAN, MURRIETA CHAMBER OF COMMERCE

PROCLAMATION RECOGNIZING JULY AS RECREATION AND PARKS MONTH, ACCEPTED BY JIM HOLSTON, COMMUNITY SERVICES DIRECTOR

APPROVAL OF AGENDA

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 - Report on the City Birthday Bash and Concerts in the Park

GOVERNING BODY ANNOUNCEMENTS:

APPROVAL OF CONSENT CALENDARS: CITY COUNCIL ITEMS 1-18; REDEVELOPMENT AGENCY ITEMS 27-29; COMMUNITY SERVICES DISTRICT ITEMS 30-35; AND FIRE DISTRICT ITEMS 37 & 38.

(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 6:00 p.m. Workshop and 7:00 p.m. Regular Meeting on June 15, 2004.

*3. REGISTER OF DEMANDS

Recommended Action: Approve the Register of Demands in the amount of $ 2,872,835.18 through June 22, 2004.

*4. ORDINANCE APPROVING ZONE CHANGE CASE 04-044, WASHINGTON AVENUE AND NUTMEG STREET

Recommended Action: Adopt the Ordinance approving Zone Change Case 04-044 on approximately 8.89 net acres located at the southeast corner of Washington Avenue and Nutmeg Street from Estate Residential 3 to Community Commercial.

*5. ORDINANCE LEVYING SPECIAL TAXES WITHIN IMPROVEMENT AREA A AND IMPROVEMENT AREA B OF THE CITY OF MURRIETA COMMUNITY FACILITIES DISTRICT NO. 2000-2 (THE OAKS)

Recommended Action: Adopt the Ordinance.

*6. RESOLUTION OF THE CITY OF MURRIETA AUTHORIZING THE ISSUANCE OF SPECIAL TAX BONDS FOR THE CITY OF MURRIETA COMMUNITY FACILITIES DISTRICT NO. 2000-2 (THE OAKS), DIRECTING THE EXECUTION OF THE FISCAL AGENT AGREEMENT AND APPROVING OTHER RELATED DOCUMENTS

Recommended Action: Adopt the Resolution.

*7. RESOLUTION APPROVING FINAL PARCEL MAP 31018, A 4-PARCEL RESIDENTIAL SUBDIVISION MAP LYING SOUTH OF KALMIA STREET, EAST OF GRACE LANE, NORTH OF JUNIPER STREET AND WEST OF WILLIAMS PLACE, AND ASSOCIATED AGREEMENTS (BRIAN & JUDY SMITH)

Recommended Action: Adopt the Resolution approving Final Parcel Map 31018 and associated agreements.

*8. RESOLUTION APPROVING FINAL PARCEL MAP 31388, A 4-PARCEL RESIDENTIAL DEVELOPMENT MAP LOCATED WEST OF JEFFERSON AVENUE, NORTH OF KALMIA STREET, AND SOUTH OF LEMON STREET ON THE EAST SIDE OF ADAMS AVENUE AND ASSOCIATED AGREEMENTS (JOHN & CAROL FRYE)

Recommended Action: Adopt the Resolution approving Final Parcel Map 31388 and associated agreements.

*9. RESOLUTION REQUESTING THE GOVERNOR APPROPRIATE ADDITIONAL FUNDING FOR JUDGES

Recommended Action: Adopt the Resolution requesting the Governor appropriate funding to support the appointment of additional Judicial Officers for Riverside and San Bernardino Counties.

*10. COMMITTEE APPOINTMENTS

Recommended Action: That the City Council:

a) Confirm appointment of Kenneth Dickson, School Board Representative to the Community Steering Committee for a term expiring 6-30-2007;

b) Accept the resignation of Stephen Nufer as an at-large representative on the Community Steering Committee, and authorize the City Clerk to advertise for applications to fill the vacancy with a term expiring 6-30-2006; and

c) Accept the resignation of Barbara Lupro (Annex Alternate) from the General Plan Advisory Committee, and authorize the City Clerk to advertise for applications to fill the vacancy with a term expiring 6-30-2005.

*11. DECLARE ITEMS SURPLUS AND AUTHORIZE DISPOSAL

Recommended Action: Declare items as surplus property and authorize the Fire Department to offer the items for sale, and to dispose of the remaining items that do not sell.

*12. DECLARE ITEM FOR SURPLUS AND AUTHORIZE FOR DISPOSAL

Recommended Action: Declare item as surplus property to enable the City Clerk's Department to dispose of a 3-drawer desk pedestal that cannot be repaired.

*13. VEHICLE PURCHASE

Recommended Action: Approve the purchase of two (2) 2004 Ford F-150 Standard Carb and Standard Bed Pick Ups to be used by the Fire Department's Fire Inspector and Emergency Medical Service (EMS) Coordinator at a total cost of $37,169.34 from the Fire Department's Vehicle Replacement Fund.

*14. AGREEMENT FOR COMPREHENSIVE STATE MANDATED COST CLAIMING SERVICES

Recommended Action: Approve the contract with Maximus in the amount of $6,650 to provide comprehensive state mandated cost claiming services for fiscal year 2004-2005 and authorize the Mayor to sign the agreement.

*15. NOTICE OF COMPLETION FOR CLASS II BICYCLE LANES, CITY PROJECT NO. 02-220A

Recommended Action: Accept the installation of the Class II Bicycle Lanes on portions of Margarita Road, Date Street, Hunter Road, Via Mira Mosa, Jefferson Avenue, and Calle Del Oso Oro, direct the City Clerk to record a Notice of Completion and release bonds in accordance with State law and City ordinance.

*16. AUTHORIZE SIGNATURE OF CITY MANAGER FOR ESTOPPEL CERTIFICATE

Recommended Action: Authorize the City Manager to sign Tenant Estoppel Certificate and Agreement of Subordination per the lease agreement for the Murrieta Public Library.

*17. AGREEMENT TO PURCHASE TAX-DEFAULTED PROPERTY BY RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY FOR OPEN SPACE HABITAT CONSERVATION LOCATED IN THE CITY OF MURRIETA

Recommended Action: Approve the Agreement to purchase tax-defaulted property by Riverside County Economic Development Agency for open space Habitat Conservation, which is located in the City of Murrieta.

*18. AGREEMENT AMONG CITIES OF LAKE ELSINORE AND TEMECULA AND RIVERSIDE COUNTY FOR MARKETING AND BUSINESS ATTRACTION SERVICES THROUGH THE SOUTHWEST CALIFORNIA ECONOMIC ALLIANCE

Recommended Action: Approve the multi-year agreement and authorize the Mayor to execute it.

PUBLIC HEARINGS

19. APPEAL OF PLANNING COMMISSION'S APPROVAL OF VESTING TENTATIVE TRACT MAP 29970 (02-475) AND DEVELOPMENT PLAN (02-476) FOR 81 SINGLE-FAMILY HOMES LOCATED ON THE WEST SIDE OF ADAMS AVENUE NORTH OF BROWN STREET (DR HORTON-CONTINENTAL)

Recommended Action: Continue Tentative Tract Map 29970 and Development Plan 02-476 to September 7, 2004 to allow time for the applicant to revise the map and reduce the density of the project; and authorize staff to re-advertise the project.

20. CITY OF MURRIETA COMMUNITY FACILITIES DISTRICT 2004-1 (BREMERTON)

Recommended Action: Following the Public Hearing:

a) The City Clerk shall announce the results of the landowner voter election;

b) Adopt the Ordinance of Formation;

c) Approve the Joint Community Facilities Agreement with Murrieta County Water District and Covenant Development; and

d) Approve the Joint Community Facilities Agreement with Murrieta Valley Unified School District and Covenant Development.

21. INTERIM URGENCY ORDINANCE ESTABLISHING A MORATORIUM ON CARD ROOM FACILITIES AND USES

Recommended Action: Adopt the Ordinance extending the moratorium on card room facilities and uses for ten months and 45 days.

22. VACATION OF ROAD RIGHT-OF-WAY OF A PORTION OF ROYAL BURGH DRIVE LYING ADJACENT TO LOTS 28 AND 29 OF TRACT MAP 29223, LOCATED NORTH OF MURRIETA HOT SPRINGS ROAD AND WEST OF WINCHESTER ROAD

Recommended Action: Adopt a Resolution of Vacation of road right-of-way, reserving existing Southern California Edison and Eastern Municipal Water District easements for utilities of a portion of Royal Burgh Drive.

23. VACATION OF ROAD RIGHT-OF-WAY OF A PORTION OF CRESTA DEL REYO AND RANCHO CLUB DRIVE LYING WITHIN PARCEL MAP 20650, LOCATED NORTH OF MURRIETA HOT SPRINGS ROAD, SOUTH OF HUNTER ROAD, AND WEST OF WINCHESTER ROAD

Recommended Action: Adopt a Resolution of Vacation of road right-of-way, reserving existing easements for utilities of a portion of Cresta Del Reyo and Rancho Club Drive.

24. LEVY OF ASSESSMENTS FOR THE SERVICES WITHIN THE MURRIETA CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT FOR 2004-2005 FISCAL YEAR AND RESOLUTION CONFIRMING A DIAGRAM AND ASSESSMENT AND PROVIDING FOR ANNUAL ASSESSMENT LEVY

Recommended Action: Adopt a Resolution confirming a diagram and assessment and providing for annual assessment levy for the Murrieta Consolidated Landscaping and Lighting District for Fiscal Year 2004-2005.

LEGISLATIVE MATTERS

25. UPDATED NEWSPAPER RACK ORDINANCE

Recommended Action: Introduce the updated Newspaper Rack Ordinance, repealing Ordinance No. 257-02.

REPORTS, REQUESTS AND COMMUNICATIONS

26. ROAD CLOSURE OPTIONS FOR HAYES AVENUE FROM NIGHTHAWK WAY TO DUSTY TRAILS

Recommended Action: Close Hayes Avenue from Nighthawk Way to Dusty Trails with wrought iron fencing at both ends and landscaped islands mid-block.

REDEVELOPMENT AGENCY

*27. MINUTES

Recommended Action: Approve the Minutes of the 7:00 p.m. Regular Meeting on June 15, 2004.

*28. REGISTER OF DEMANDS

Recommended Action: Approve the Register of Demands in the amount of $26,446.83 through June 22, 2004.

*29. DISPOSITION AND DEVELOPMENT AGREEMENT WITH ARIZONA TILE

Recommended Action: Approve the Disposition and Development Agreement for payment of a portion of development impact fees for public improvements and authorize the Mayor to execute the agreement.

COMMUNITY SERVICES DISTRICT

*30. MINUTES

Recommended Action: Approve the Minutes of the 7:00 p.m. Regular Meeting on June 15, 2004.

*31. REGISTER OF DEMANDS

Recommended Action: Approve the Register of Demands in the amount of $445,030.39 through June 22, 2004.

*32. AGREEMENT WITH PETRA GEOTECHNICAL, INC. FOR ADDITIONAL GEOTECHNICAL SERVICES NEEDED DURING THE GRADING OPERATIONS AT THE LOS ALAMOS HILLS SPORTS COMPLEX

Recommended Action: Approve the proposal from Petra Geotechnical, Inc. in the amount of $42,089 (plus 10% contingency for a total appropriation of $46,300) for the additional geotechnical services during the grading operations at the Los Alamos Hills Sports Complex and authorize the President to execute the agreement.

*33. ACCEPTANCE OF LOTS 119 OF TRACT 23051, LOT 105 OF TRACT 23329 AND A PORTION OF LOTS 93-96 OF TRACT 23329 FOR LANDSCAPE MAINTENANCE

Recommended Action: Accept the landscape improvements for Lot 119 of Tract 23051, Lot 105 of 23329 and a Portion of Lots 93-96 of Tract 23329, the Oaks, and direct the Murrieta Community Services District to commence maintenance of the landscape associated with these parcels and recordation of appropriate documents.

*34. ACCEPTANCE OF LOTS OR PORTIONS OF LOTS IN TRACTS 28533-1, 28533-2, 28533-3, 28533-4, AND A PORTION OF ROAD RIGHT-OF-WAY IN TRACTS 28533-4 & 5 FOR LANDSCAPE MAINTENANCE

Recommended Action: Accept the landscape improvements for Lots K & T of Tract 28533-1, Lot I of 28533-2, Lots K, L & S of Tract 28533-3, Lots J-N of Tract 28533-4, a portion of Lots 1, 29, 30, 51, 52, 70, & 71 of Tract 28533-1, a portion of Lots 19, 20, 37, 38, 55, 56, & 71 of Tract 28533-2, a portion of Lots 1, 13, 14, 25, 26, 54, & 55 of Tract 28533-3, a portion of Lots 9, 25, 56, 57, 69, 70, & 82 of Tract 28533-4, and a portion of Road right-of-way in Tracts 28533-4 & 5, Mapleton Streetscape, and direct the Murrieta Community Services District to commence maintenance of the landscape associated with these parcels and recordation of appropriate documents.

*35. ACCEPTANCE OF LOTS L & M IN TRACT 23187-3 FOR LANDSCAPE MAINTENANCE

Recommended Action: Accept the landscape improvements for Lots L & M of Tract 23187-3, Sedona, and direct the Murrieta Community Services District to commence maintenance of the landscape associated with these parcels and recordation of appropriate documents.

36. PUBLIC HEARING REGARDING ANNUAL ASSESSMENTS FOR THE SERVICES WITHIN THE MURRIETA COMMUNITY SERVICES DISTRICT FOR THE 2004-2005 FISCAL YEAR AND RESOLUTIONS FOR THE FINAL ANNUAL LEVY REPORT AND ORDERING THE LEVY AND COLLECTION OF RATES AND CHARGES

Recommended Action: Following the Public Hearing, adopt the following Resolutions:

a) Resolution approving the Engineer's Annual Levy Report; and

b) Resolution Ordering the Levy and Collection of Rates and Charges.

MURRIETA FIRE DISTRICT

*37. MINUTES

Recommended Action: Approve the Minutes of the 7:00 p.m. Regular meeting on June 15, 2004.

*38. REGISTER OF DEMANDS

Recommended Action: Approve the Register of Demands in the amount of $185,013.74 through June 22, 2004.

39. PUBLIC HEARING REGARDING DISTRICT BUDGET AND MAKING APPROPRIATIONS FOR THE 2004-2005 FISCAL YEAR

Recommended Action: Adopt the Resolution which adopts the District budget for the 2004-2005 fiscal year.

PULLED CONSENT CALENDAR ITEMS

GOVERNING BODY ACTIONS/COMMENTS

ADJOURNMENT