TUESDAY, OCTOBER 05, 2004

7:00 PM

6:00 PM CLOSED SESSION

CONFERENCE WITH REAL PROPERTY NEGOTIATOR, CITY MANAGER LORI MOSS, REGARDING A TEN ACRE PROPERTY GENERALLY LOCATED WEST OF MONROE AVENUE, SOUTH OF MURRIETA HOT SPRINGS ROAD AND EAST OF MADISON AVENUE (G.C.54956.8)

CONFERENCE WITH REAL PROPERTY NEGOTIATORS, CITY MANAGER LORI MOSS AND PUBLIC WORKS DIRECTOR JIM KINLEY, REGARDING EMINENT DOMAIN NEGOTIATIONS (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: Cub Scout Pack 444, led by Robert Natvic and Richard Sullivan

INVOCATION: Pastor J.T. Greenleaf, Murrieta United Methodist Church

PRESENTATIONS:

UPDATE ON PROPOSITION 1A, PROTECTION OF LOCAL GOVERNMENT REVENUES, BY DAVID WILLMON, LEAGUE OF CALIFORNIA CITIES REGIONAL REPRESENTATIVE

PROCLAMATION RECOGNIZING OCTOBER 3-9, 2004 AS "FIRE PREVENTION WEEK", PRESENTED TO FIRE CHIEF PHIL ARMENTROUT

PROCLAMATION RECOGNIZING OCTOBER 14, 2004 AS "GOALS FOR GRADUATION DAY", PRESENTED TO THE BOYS AND GIRLS CLUB OF SOUTHWEST COUNTY

PROCLAMATION RECOGNIZING OCTOBER 15-17, 2004 AS KNIGHTS OF COLUMBUS "CARING IS OUR BUSINESS" WEEKEND, PRESENTED TO GRAND KNIGHT JOE HENN AND STEVE TENNANT OF THE MURRIETA KNIGHTS OF COLUMBUS

COMMUNITY REPORT Ashley Hudson, Murrieta Valley High School

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:

Police Department - Status Report on Safe School Walkways

Library - Announce "Stories on the Go"

City Clerk - Reminder to Register to Vote

Community Services - Announce Battle of the Bands, Announce Halloween Spooktacular on October 30th

City Manager - Announce New Businesses at Margarita Square

GOVERNING BODY ANNOUNCEMENTS:

APPROVAL OF CONSENT CALENDARS: CITY COUNCIL ITEMS 1-14; REDEVELOPMENT AGENCY ITEMS 17 & 18; COMMUNITY SERVICES DISTRICT ITEMS 20-22; AND FIRE DISTRICT ITEMS 23-25.

(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 7:00 p.m. Regular Meeting on September 21, 2004 and the 6:00 p.m. Special Meeting on September 28, 2004.

*3. REGISTER OF DEMANDS

Recommended Action: Approve the Register of Demands in the amount of $1,751,314.74 through September 21, 2004.

*4. ORDINANCE REGARDING NOTICES FOR PUBLIC HEARINGS

Recommended Action: Adopt the Ordinance amending Ordinance 182-97, specifically Section 16.76.030 regarding posting property with an informational sign at least ten days prior to a public hearing.

*5. PERS CONTRACT AMENDMENT (MISCELLANEOUS EMPLOYEES)

Recommended Action: Adopt the Ordinance authorizing an amendment to the contract between the City Council of the City of Murrieta and the Board of Administration of the California Public Employees' Retirement System (Miscellaneous Employees).

*6. SECOND READING OF THE ORDINANCE REGARDING DEVELOPMENT AGREEMENT 04-057 FOR THE ORCHARD AT STONE CREEK SHOPPING CENTER

Recommended Action: That the City Council:

a) Re-adopt Resolution No. 04-1388 certifying the Final Environmental Impact Report and Statement of Overriding Findings;

b) Re-adopt Resolution No. 04-1389 approving Development Plan 03-161, Variance 04-059 and Tentative Parcel Map 32893 and adopting a Determination of Biologically Equivalent or Superior Reservation for the Orchard-Stone Creek; and

c) Adopt the Second Reading of the Ordinance approving Development Agreement 04-057 for approximately 54 acres at the northwest corner of Clinton Keith Road and Interstate 215.

*7. RESOLUTION SUPPORTING PROPOSITION 1A, PROTECTION OF LOCAL GOVERNMENT REVENUES

Recommended Action: Adopt the Resolution supporting Proposition 1A in the November 2, 2004 election that will prevent the State Legislature from taking and using funds originally committed to local governments.

*8. RESOLUTION APPROVING PARCEL MAP 32134, A TWO PARCEL RESIDENTIAL DEVELOPMENT MAP, LOCATED NORTH OF MURRIETA HOT SPRINGS ROAD, SOUTH OF VIA PRINCESA, AND BORDERED ON THE EAST BY VIA ROJA AND ASSOCIATED AGREEMENT (STONE TRUST)

Recommended Action: Adopt the Resolution approving Parcel Map 32134 and associated agreement.

*9. DECLARATION OF FLEET UNIT #108 AS SURPLUS PROPERTY AND AUTHORIZATION TO ACCEPT BIDS FOR THE SALE OF THE VEHICLE

Recommended Action: Declare Fleet Unit #108 (Asset ID 5105200006) unsalvageable and accept bids for the sale of the vehicle in the upcoming City auction of surplus property.

*10. SECOND SUPPLEMENTAL AGREEMENT TO THE JOINT FINANCING AND ACQUISITION AGREEMENT AMONG COMMUNITY FACILITIES DISTRICT NO. 89-4 OF THE COUNTY OF RIVERSIDE (WALSH MEDICAL ARTS CENTER), EASTERN MUNICIPAL WATER DISTRICT, CITY OF MURRIETA AND KEVIN P. WALSH AND REGINA M. WALSH

Recommended Action: Approve the Second Supplemental Agreement to the Joint Financing and Acquisition Agreement among Community Facilities District No. 89-4 of the County of Riverside (Walsh Medical Arts Center), Eastern Municipal Water District, City of Murrieta and Kevin P. Walsh and Regina M. Walsh, and authorize the Mayor to execute the document.

*11. AMENDMENT TO OFFICE SPACE LEASE ADJACENT TO CITY HALL

Recommended Action: Approve the amendment to office space lease adjacent to City Hall with Mr. Kenneth Roth.

*12. AMENDMENT TO CONTRACT WITH HOGLE-IRELAND FOR GENERAL PLAN UPDATES

Recommended Action: Approve amendments of $11,600 to contract with Hogle-Ireland to identify and process potential revisions to the Land Use, Economic Development and Circulation Elements of the General Plan, and authorize the City Manager to execute the necessary contracts for service.

*13. REPLACEMENT OF COMPUTER

Recommended Action: Approve the expenditure of $1,800 for the purchase of one replacement computer for use by the Planning Division.

*14. LOAN OF $3,870,000 FROM THE GENERAL FUND TO THE REDEVELOPMENT AGENCY FOR THE PURCHASE OF PROPERTY SOUTH OF MURRIETA HOT SPRINGS ROAD, WEST OF MONROE AVENUE AND EAST OF MADISON AVENUE

Recommended Action: Approve a loan in the amount of $3,870,000 from the General Fund to the Redevelopment Agency for the purchase of property south of Murrieta Hot Springs Road, west of Monroe Avenue and east of Madison Avenue, and direct Deputy City Manager, Teri Ferro, to arrange for repayment of the loan as soon as Agency bonds are sold.

PUBLIC HEARINGS

15. PRE-ZONING OF APPROXIMATELY 14,695 ACRES IN THE COMMUNITY OF WILDOMAR PRIOR TO CONSIDERATION FOR SPHERE OF INFLUENCE EXPANSION AND ANNEXATION

Recommended Action: That the City Council:

a) Adopt a Mitigated Negative Declaration;

b) Approve the Pre-Zoning of approximately 14,695 acres;

c) Adopt a Resolution approving the General Plan Land Use Designations for the proposed Sphere of Influence Expansion and Annexation; and

d) Introduce an Ordinance for the Pre-Zoning of the Community of Wildomar.

16. APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF VESTING TENTATIVE TRACT MAP 29970 (CASE #02-475) AND DEVELOPMENT PLAN 02-476, AN 81 UNIT PLANNED RESIDENTIAL DEVELOPMENT (PRD) LOCATED ON THE NORTHWESTERLY CORNER OF ADAMS AVENUE AND BROWN STREET

Recommended Action: Refer the Revised Vesting Tentative Tract Map 29970 and Development Plan 02-476 to the Planning Division for review and processing of the revised map.

REDEVELOPMENT AGENCY

*17. MINUTES

Recommended Action: Approve the Minutes of the 7:00 p.m. Regular Meeting on September 21, 2004.

*18. REGISTER OF DEMANDS

Recommended Action: Approve the Register of Demands in the amount of $35,309.76 through September 21, 2004.

*19. PUBLIC HEARING - PURCHASE OF PROPERTY LOCATED SOUTH OF MURRIETA HOT SPRINGS ROAD, EAST OF MADISON AVENUE AND WEST OF MONROE AVENUE

Recommended Action: That the City Council:

a) Authorize the purchase of ten acres south of Murrieta Hot Springs Road, west of Monroe Avenue and east of Madison Avenue;

b) Accept the loan of $3,870,000 from the City of Murrieta; and

c) Adopt the Resolution making Findings for the Purchase of Property and authorize the Mayor to execute the necessary documents.

COMMUNITY SERVICES DISTRICT

*20. MINUTES

Recommended Action: Approve the Minutes of the 7:00 p.m. Regular Meeting on September 21, 2004.

*21. REGISTER OF DEMANDS

Recommended Action: Approve the Register of Demands in the amount of $244,060.00 through September 21, 2004.

*22. ACCEPTANCE OF A PORTION OF LOTS 1-5 OF TRACT 28533 FOR INSTALLATION OF TRAILS BY CENTEX HOMES

Recommended Action: Accept the improvements for a portion of Lots 1-5 of Tract 28533, Mapleton, and direct the Murrieta Community Services District to record the appropriate documents.

MURRIETA FIRE DISTRICT

*23. MINUTES

Recommended Action: Approve the Minutes of the 7:00 p.m. Regular Meeting on September 21, 2004.

*24. REGISTER OF DEMANDS

Recommended Action: Approve the Register of Demands in the amount of $199,298.27 through September 21, 2004.

*25. REPLACEMENT OF FIREFIGHTER SELF-CONTAINED BREATHING APPARATUS TO COMPLY WITH FEDERAL STANDARDS

Recommended Action: Authorize the purchase of 40 Self-Contained Breathing Apparatus (SCBA) and Communication Equipment from Tyco/Scott Health & Safety to replace the Department's aging equipment by increasing CIP 8045 $170,000 utilizing Fire Development Impact Fees.

PULLED CONSENT CALENDAR ITEMS

GOVERNING BODY ACTIONS/COMMENTS

ADJOURNMENT