TUESDAY, APRIL 05, 2005

7:00 PM

 

6:15 PM CLOSED SESSION

CONFERENCE WITH LABOR NEGOTIATOR, DEPUTY CITY MANAGER CHRIS PAXTON, REGARDING THE MURRIETA POLICE OFFICERS' ASSOCIATION (G.C. 54957.8)

CONFERENCE WITH LEGAL COUNSEL, SETTLEMENT OF LIABILITY CLAIM AGAINST THE CITY OF MURRIETA BY SUSAN MARTIN, CLAIMANT (G.C. 54956.95)

CONFERENCE WITH REAL PROPERTY NEGOTIATOR, CITY MANAGER LORI MOSS, REGARDING PROPERTY GENERALLY LOCATED SOUTH OF MURRIETA HOT SPRINGS ROAD, EAST OF MADISON AVENUE, AND WEST OF MONROE AVENUE (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 Mike Patton, Oak Springs Community Church

PRESENTATIONS:

PROCLAMATION RECOGNIZING APRIL 10TH THROUGH APRIL 16TH AS NATIONAL CRIME VICTIMS' RIGHTS WEEK

PROCLAMATION RECOGNIZING APRIL AS NATIONAL CHILD ABUSE PREVENTION MONTH

CERTIFICATE OF RECOGNITION TO MURRIETA ELEMENTARY SCHOOL FOR THEIR EFFORTS TO CONSTRUCT A RUNNING PATH AROUND THE PERIMETER OF THE ATHLETIC TRACK AT THE CITY-SCHOOL JOINT USE PARK

INTRODUCTION AND OATH OF OFFICE TO NEW FIREFIGHTER/PARAMEDICS

APPROVAL OF AGENDA

COMMUNITY REPORT:    Ashley Hudson, 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:

Building - On-line inspection service requests

City Clerk - Reminder to Register to Vote

Community Services - Los Alamos Sports Park update

                                     Recreation Update

Fire - Announce annual Firefighters Barbecue

          Announce Charity Trap Shoot

Library - Employee Recognition

City Manager - Announce downtown Spring Clean-up on April 9th

GOVERNING BODY ANNOUNCEMENTS:

APPROVAL OF CONSENT CALENDARS: CITY COUNCIL ITEMS 1-31; REDEVELOPMENT AGENCY ITEMS 37 & 38; COMMUNITY SERVICES DISTRICT ITEMS 39-42; FIRE DISTRICT ITEMS 43-45; AND LIBRARY BOARD ITEMS 46 & 47.

(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. Closed Session and 7:00 p.m. Regular Meeting on March 1, 2005.

*3.              REGISTER OF DEMANDS

Recommended Action: Approve the Register of Demands in the amount of $2,858,357.08 through March 15, 2005.

*4.              TREASURER'S REPORT

Recommended Action: Receive the Summary of Investment Transactions for the month ending February 28, 2005.

*5.              POST DISASTER SAFETY ASSESSMENT, PLACARD ORDINANCE

Recommended Action: Adopt an Ordinance adding Chapter 15.50 to the Murrieta Municipal Code, identifying placards to be used in conjunction with post-disaster safety assessments.

*6.              COMMUNITY FACILITIES DISTRICT NO. 2004-3 (MEADOWLANE/AMBERWALK I & II)

Recommended Action: Adopt a Resolution authorizing the issuance of Special Tax Bonds of CFD No. 2004-3 (Meadowlane/Amberwalk I & II), approving and directing the execution of the fiscal agent agreement, and approving other related documents.

*7.              COMMUNITY FACILITIES DISTRICT NO. 2004-2 (MURRIETA FIELDS)

Recommended Action: Adopt a Resolution authorizing the issuance of Special Tax Bonds of CFD No. 2004-2 (Murrieta Fields), approving and directing the execution of the fiscal agent agreement, and approving other related documents and actions.

*8.              DESTRUCTION OF LIBRARY APPLICATIONS

Recommended Action: Adopt a Resolution authorizing the destruction of records (patron library card application forms) in the Murrieta Public Library, per the City of Murrieta Records Retention policy.

*9.              DESTRUCTION OF PASSPORT TRANSMITTALS

Recommended Action: Adopt a Resolution authorizing the destruction of records (Passport Transmittals) in the Murrieta Public Library, per Federal Government retention policy.

*10.          OPPOSITION TO ENACTING PROVISIONS OF SB 1159

Recommended Action: Adopt a Resolution opposing City authorization or support for Senate Bill 1159, which permits pharmacies to sell up to ten needles or syringes to any person 18 years or older.

*11.          SUMMARY VACATION OF A PORTION OF PARCEL 2 OF PARCEL MAP 5334

Recommended Action: Adopt a Resolution approving the summary vacation of a portion of Parcel 2 of Parcel Map 5334 dedicated as right-of-way in Instrument No. 58512, recorded on May 15, 1974, adjacent to Parcel Map 31093 (Village Walk) and bordered on the east by Interstate 15, west by Jefferson Avenue, south by Kalmia Street.

*12.          RESOLUTION APPROVING FINAL TRACT MAP 31375

Recommended Action: Adopt a Resolution approving Final Tract Map 31375, a 111 unit residential subdivision map located west of Smokey Trail, north of Brians Way, east of Warner Lane, south of Keller Road, and associated agreements (Western Pacific Housing).

*13.          AGREEMENT FOR THE MAINTENANCE OF DRAINAGE IMPROVEMENTS BENEFITING TRACT 29556 (MURRIETA OAKS NORTH)

Recommended Action: Approve the Agreement for the Maintenance of Drainage Improvements benefiting Tract 29556 (Murrieta Oaks North) and lying within Clinton Keith Road, McElwain Road, and Sierra Lane (Temecula Valley, LLC).

*14.          AGREEMENT FOR CONSTRUCTION OF ROAD AND DRAINAGE IMPROVEMENTS FOR MB-8/359, PORTION OF LOTS 80 AND 81

Recommended Action: Approve the Agreement for Construction of Road and Drainage Improvements for MB 8/359, Portion of Lots 80 and 81, lying west of Jefferson Avenue, east of Adams Avenue, south of Date Street, and northeast of Reagan Way (MSS Properties).

*15.          AGREEMENT FOR CONSTRUCTION OF ROAD AND DRAINAGE, SEWER,  AND WATER IMPROVEMENTS FOR PARCEL MAP 7164, PARCELS 1, 3,  AND LOT "C"

Recommended Action: Approve the Agreement for Construction of Road and Drainage, Sewer, and Water Improvements for Parcel Map 7164, Parcels 1, 3, and Lot "C", lying west of Interstate 15, east of Madison Avenue, south of Juniper Street and north of Los Alamos Road (Esquera Development, Inc.).

*16.          AGREEMENT FOR CONSTRUCTION OF ROAD AND DRAINAGE IMPROVEMENTS FOR PARCEL MAP 29157, PARCELS 5 AND 6

Recommended Action: Approve the Agreement for Construction of Road and Drainage Improvements for Parcel Map 29157, Parcels 5 and 6, lying west of Interstate 15, east of Madison Avenue, north of Juniper Street, and south of Kalmia Street (Giant RV).

*17.          AGREEMENT FOR CONSTRUCTION OF ROAD AND DRAINAGE IMPROVEMENTS FOR MB 8/359, PORTION OF LOT 191

Recommended Action: Approve the Agreement for Construction of Road and Drainage Improvements for MB 8/359, Portion of Lot 191, lying west of Winchester Road, east of Date Street, south of Murrieta Hot Springs Road, and north of Bahama Way (MJW Construction, Inc.).

*18.          AGREEMENT FOR CONSTRUCTION OF ROAD AND DRAINAGE IMPROVEMENTS FOR MB 8/359, PORTION OF LOT 4

Recommended Action: Approve the Agreement for Construction of Road and Drainage Improvements for MB 8/359, Portion of Lot 4, lying west of Adams Avenue, east of Murrieta Creek, south of Fig Street, and north of Elm Street (Superior Ready Mix Concrete).

*19.          BUDGET ADJUSTMENT FOR THE LINE E STORM DRAIN PROJECT

Recommended Action: Approve a $75,000 budget increase to the Line E Storm Drain Project for the purchase of right-of-way.

*20.          BUDGET ADJUSTMENT AND SURPLUS EQUIPMENT - MURRIETA PUBLIC LIBRARY

Recommended Action: Approve budget increase of $3,000 to purchase computers and declare three monitors and four computers surplus equipment.

*21.          COMPUTER EQUIPMENT REPLACEMENT AND DISPOSAL -  ADMINISTRATION DEPARTMENT

Recommended Action: Approve the expenditure of funds for the purchase of one replacement monitor for the Administration Department and declare the replaced equipment as surplus,  as well as a used scanner.

*22.          BUILDING DIVISION BUDGET ADJUSTMENT

Recommended Action: Approve an increase of $370,000 to the Contract Employees account, funded from additional building revenues.

*23.          PROFESSIONAL SERVICES AGREEMENT WITH REVENUE COST SPECIALISTS FOR ANALYSIS OF CURRENT FEE AND POTENTIAL FEE SERVICES PROVIDED BY THE BUILDING DIVISION.

Recommended Action: Approve the Professional Services Agreement between the City and Revenue Cost Specialist, LLC in the amount of $8,000, and authorize the City Manager to execute the Agreement.

*24.          COMMISSIONER RESIGNATION AND COMMISSION APPOINTMENTS

Recommended Action: Accept the resignation of Bill Strickland from the Public Safety and Traffic Commission.  Authorize the City Clerk to advertise for applications to fill Commission vacancies expiring 6-30-2005.

*25.          CONTRACT WITH BERRYMAN & HENIGAR FOR REQUESTPARTNER SOFTWARE

Recommended Action: Approve a contract with Berryman & Henigar for RequestPartner software, authorize the City Manager to sign related documents, and increase finance software budget (3200-7114) by $10,000.

*26.          CONTRACT WITH KINTERA, INC. FOR ON-LINE BUSINESS LICENSE PROCESSING

Recommended Action: Approve a contract with Kintera, Inc. for on-line business license payment and renewal processing, and authorize the City Manager to sign related documents.

*27.          AWARD OF CONTRACT AND BUDGET ADJUSTMENT FOR THE CONSTRUCTION OF TRAFFIC SIGNAL AT CLINTON KEITH ROAD & TOULON DRIVE AND TRAFFIC SIGNAL MODIFICATION AT CLINTON KEITH ROAD & CALLE DEL OSO ORO AND HANCOCK AVENUE & LAS BRISAS ROAD NORTH

Recommended Action: Award the contract for the Construction of a traffic signal at Clinton Keith Road & Toulon Drive and traffic signal modification at Clinton Keith Road & Calle Del Oso Oro and at Hancock Avenue & Las Brisas Road North to DBX, Inc. in the amount of $224,748.

*28.          FUNDING TRANSFER OF $5,000 FOR THE INSTALLATION OF A RUNNING TRACK AT MURRIETA ELEMENTARY SCHOOL PARK

Recommended Action: Approve the funding transfer of $5,000, as the City's portion, for the installation of a running track at Murrieta Elementary School Park.

*29.          MICROSOFT LICENSE CONTRACT

Recommended Action: Approve the agreement with Microsoft for software purchases on a three year term through their Microsoft Enterprise program, and authorize the City Manager to sign all related documents.

*30.          AGREEMENTS WITH HARMONY ARTISTS, INC. FOR BANDS TO PERFORM AT THE CITY'S BIRTHDAY BASH AND SUMMER "CONCERTS IN THE PARK" SERIES

Recommended Action: Approve two agreements with Harmony Artists, Inc. for bands to perform at the City's Birthday Bash and at our summer's "Concerts in the Park" series for a total appropriation of $8,900.

*31.          AGREEMENT WITH THE BAND "HIRED GUNS REUNION" TO PERFORM AT THE CITY'S SUMMER "CONCERTS IN THE PARK" SERIES

Recommended Action: Approve an agreement in the amount of $900 with the band, Hired Guns Reunion, to perform at the City's summer "Concerts in the Park" series.

PUBLIC HEARINGS

 32.            APPEAL OF DEVELOPMENT PLAN 004-223 AND CONDITIONAL USE PERMIT 02-401 (NEW CASE NO. 004-076), A REQUEST TO BUILD A SHOPPING CENTER ON 8.2 ACRE PORTION OF A 13.2 ACRE PARCEL LOCATED AT THE NORTHWESTERLY CORNER OF NUTMEG STREET AND JACKSON AVENUE

Recommended Action: Adopt the Mitigated Negative Declaration and Approve Development Plan 004-223 and Conditional Use Permit 02-401, based on the findings and subject to the Conditions of Approval.

 33.            COMMUNITY FACILITIES DISTRICT NO. 2005-3 (HUNTER ROAD)

Recommended Action: Continue the Public Hearing to 7:00 p.m. on April 19, 2005.

 34.            COMMUNITY FACILITIES DISTRICT NO. 2005-1 (SPRINGBROOK)

Recommended Action: Adopt the Ordinance of Formation and approve the Joint Community Facilities Agreement with Eastern Municipal Water District and Western Pacific Housing, Inc.

 35.            COMMUNITY FACILITIES DISTRICT NO. 2003-3 (CREEKSIDE)

Recommended Action: Adopt the Ordinance of Change.

LEGISLATIVE MATTERS

 36.            AGREEMENT WITH AMERICAN LEGAL PUBLISHING CORPORATION FOR MUNICIPAL CODE COMPREHENSIVE LEGAL REVIEW AND SUPPLEMENT SERVICE

Recommended Action: Approve the Agreement with American Legal Publishing Corporation for comprehensive legal review and supplement service to the Murrieta Municipal Code; and Introduce an Ordinance acknowledging the new codifier.

REDEVELOPMENT AGENCY

*37.          MINUTES

Recommended Action: Approve the Minutes of the 7:00 p.m. Regular Meeting on March 1, 2005.

*38.          REGISTER OF DEMANDS

Recommended Action: Approve the Register of Demands in the amount of $94,131.79 through March 15 , 2005.

COMMUNITY SERVICES DISTRICT

*39.          MINUTES

Recommended Action: Approve the Minutes of the 7:00 p.m. Regular Meeting on March 1, 2005.

*40.          REGISTER OF DEMANDS

Recommended Action: Approve the Register of Demands in the amount of $230,637.61 through March 15, 2005.

*41.          ACCEPTANCE OF LOTS 99-101 OF TRACT 23486-1, LOTS 75-77 OF TRACT 23486-3, A PORTION OF LOTS 13, 14, 23, 24, 33, 97 & 98 OF TRACT 23486-1 AND A PORTION OF LOTS 58-74 OF TRACT 23486-3 FOR LANDSCAPE MAINTENANCE

Recommended Action: Accept the landscape improvements for Lots 99-101 of tract 23486-1, Lots 75-77 of Tract 23486-3, a Portion of Lots 13, 14, 23, 24, 33, 97 & 98 of Tract 23486-1, and a Portion of Lots 58-74 of Tract 23486-3, Rancho Mira Mosa, and direct the Community Services District to commence maintenance of the landscape associated with these parcels and recordation of appropriate documents.

*42.          ACCEPTANCE OF LOTS 305-312 OF TRACT 24799 FOR LANDSCAPE MAINTENANCE

Recommended Action: Accept the landscape improvements for Lots 305-312 of Tract 24799, Masters Collection, and direct the Community Services District to commence maintenance of the landscape associated with these parcels and recordation of appropriate documents.

MURRIETA FIRE DISTRICT

*43.          MINUTES

Recommended Action: Approve the Minutes of the 7:00 p.m. Regular Meeting on March 1, 2005.

*44.          REGISTER OF DEMANDS

Recommended Action: Approve the Register of Demands in the amount of $314,997.01 through March 15, 2005.

*45.          PURCHASE OF THERMAL IMAGE CAMERA FOR FIRE STATION #4

Recommended Action: Purchase one thermal image camera in the amount of $9,784.73 for fire ground operations from Fire Department reserves with funds to be replaced through FEMA grant.

MURRIETA LIBRARY BOARD

*46.          MINUTES

Recommended Action: Approve the Minutes of the 7:00 p.m. Regular Meeting on November 16, 2004.

*47.          LIBRARY COMMISSION MINUTES

Recommended Action: Receive and file the Library Advisory Commission Minutes from February 28, 2005.

PULLED CONSENT CALENDAR ITEMS

GOVERNING BODY ACTIONS/COMMENTS

ADJOURNMENT