TUESDAY, FEBRUARY 07, 2006

5:30 PM CLOSED SESSION

CONFERENCE WITH REAL PROPERTY NEGOTIATORS FOR ACQUISITION OF PROPERTY AT JEFFERSON AND GUAVA BETWEEN CITY MANAGER LORI MOSS AND ROBERT SMITH PROPERTY OWNER REGARDING PRICE AND TERMS OF PAYMENT (G.C. 54956.8)

PUBLIC EMPLOYEE PERFORMANCE EVALUATION OF CITY ATTORNEY JOHN HARPER (G.C. 54957)

6:30 PM WORKSHOP

PRESENTATIONS:

RECOGNITION OF MURRIETA VALLEY HIGH SCHOOL BAND, MR. KENNETH MELLO

PRESENTATION - SOROPTIMIST INTERNATIONAL OF TRI-VALLEY DONATION ($1,433.61) FOR SENIOR CENTER DEFIBRILLATOR

PRESENTATION - DAVID WILLMON, LEAGUE FIELD REPRESENTATIVE, REGARDING STATE BUDGET AND STATE LEGISLATION

7:00 PM REGULAR MEETING

CALL TO ORDER: Mayor Kelly Seyarto

ROLL CALL:            Enochs, Gibbs, McAllister, Ostling and Seyarto

PLEDGE OF ALLEGIANCE:

INVOCATION:         Pastor Jeff Pierce, Lambs Fellowship

APPROVAL OF AGENDA

COMMUNITY REPORT:  Murrieta Valley High School - Tommy Sardoni

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 District - Recreation Update

Library - Update

City Manager - Administrative Update

GOVERNING BODY ANNOUNCEMENTS:

APPROVAL OF CONSENT CALENDARS: CITY COUNCIL ITEMS 1-39; REDEVELOPMENT AGENCY ITEMS 45 & 46; COMMUNITY SERVICES DISTRICT ITEMS 47-52; FIRE DISTRICT ITEMS 53 & 54.

(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. Adjourned Regular Meeting on January 10, 2006; and the 6:00 p.m. Closed Session, 6:30 p.m. Workshop and 7:00 p.m. Regular Meeting on January 17, 2006.

*3.              RATIFICATION AND APPROVAL OF THE CHECK REGISTER FOR JANUARY 2006

Recommended Action: Ratify and approve the Check Register in the amount of $3,339,707.03 (checks 57562-57948) and the Payroll Register in the amount of $2,159,867.97 for the month of January, 2006.

*4.              TREASURER'S REPORT

Recommended Action: Receive the Summary of Investment Transactions for the month ending December 31, 2005.

*5.              2006 GENERAL PLAN UPDATE PROGRAM (ZONE CHANGE 005-1842)

Recommended Action: Adopt the Ordinance approving Zone Change 005-1842 changing the zoning for 14 sites.

*6.              DEVELOPMENT CODE AMENDMENT TO MODIFY THE APPEALS PROCESS

Recommended Action: Adopt the Development Code Amendment ordinance modifying the appeals process in Section 16.78.020 of the Development Code.

*7.              SECOND READING AND ADOPTION OF ORDINANCE AMENDING CHAPTER 15.52 OF THE MURRIETA MUNICIPAL CODE PERTAINING TO GRADING, EROSION AND SEDIMENT CONTROL

Recommended Action: Approve second reading and adoption of ordinance

*8.              PRECISE ALIGNMENT OF DATE STREET AT MURRIETA HOT SPRINGS ROAD

Recommended Action: Adopt a resolution establishing the precise alignment of Date Street southerly of Murrieta Hot Springs Road.

*9.              STREET IMPROVEMENTS FOR GUAVA STREET AT JEFFERSON AVENUE - CIP NO. 8218

Recommended Action: Award the Contract, approve a construction budget (P-500) increase of $105,000 and authorize the City Manager to execute the Contract for the construction of the Street Improvements for Guava Street at Jefferson Avenue, which includes a traffic signal, to DBX for $218,223.00.

*10.          AMENDMENT TO CONTRACT TO OBTAIN ADDITIONAL ENVIRONMENTAL STUDIES FOR THE I-15/LOS ALAMOS ROAD OVERCROSSING

Recommended Action: Approve the $40,258 Amendment #1 to the existing Contract with T.Y. Lin International, Inc. to obtain additional environmental studies and documentation being required by Caltrans.

*11.          AGREEMENT FOR PRODUCTION OF MURRIETA BLOCK PARTY

Recommended Action: Approve an agreement with Trafton Company LLC for production of the Murrieta Block Party event in Historic Downtown this spring.

*12.          WASHINGTON AVENUE AND B STREET IMPROVEMENTS - CIP NO. 8280

Recommended Action: Approve a $421,000 transfer of funds from the Washington Avenue from Kalmia Street to Lemon Street Improvements Project account to the Washington Avenue and B Street Improvements account; further, accept the Washington Avenue and B Street Improvements Project as complete and direct the City Clerk to record a Notice of Completion and release bonds.

*13.          CONSERVATION EASEMENT FOR A PORTION OF LOT F OF TRACT 30727 TO THE CITY OF MURRIETA REQUIRED BY THE DEPARTMENT OF FISH AND GAME

Recommended Action: Approve the Conservation Easement for a Portion of Lot F of Tract 30727 to the City of Murrieta required by the Department of Fish and Game.

*14.          AGREEMENT FOR CONSTRUCTION OF ROAD AND DRAINAGE IMPROVEMENTS LOCATED AT THE NORTHWEST CORNER OF JEFFERSON AVENUE AND KALMIA STREET (KALMIA PLAZA)

Recommended Action: Approve the Agreement for Construction of Road and Drainage Improvements for Parcel Map 5989, Parcel 2 and 3 (Kalmia Plaza).

*15.          GRANT DEED OF EASEMENT FOR RIGHT-OF-WAY (MEDICAL CENTER DRIVE)

Recommended Action: Approve the Grant Deed of Easement for right-of-way (Medical Center Drive) of a portion of Parcel 4 of Parcel Map 21546 (Rancho Springs Medical Center) lying north of Murrieta Hot Springs Road, south of Los Alamos Road and bordered on the west by Hancock Avenue and east by Interstate 215 and direct the City Clerk to process for recordation.

*16.          AGREEMENT FOR WILDLAND FIRE PROTECTION

Recommended Action: Approve the annual agreement for Wildland Fire Protection with California Department of Forestry and Fire Protection and authorize the City Manager to execute related documents.

*17.          AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT CREATING THE RIVERSIDE COUNTY HABITAT CONSERVATION AGENCY

Recommended Action: Approve the attached amendment to the Joint Exercise of Powers Agreement creating the Riverside County Habitat Conservation Agency between the City of Murrieta; the County of Riverside; and the Cities of Hemet, Corona, Riverside, Lake Elsinore, Moreno Valley, Perris and Temecula.

*18.          ADDENDUM NO. 1 TO THE REIMBURSEMENT AGREEMENT BETWEEN RANCHO CALIFORNIA WATER DISTRICT AND THE CITIES OF TEMECULA AND MURRIETA

Recommended Action: Approve Addendum No. 1 adding the City of Lake Elsinore to the Reimbursement Agreement between Rancho California Water District (RCWD) and the Cities of Temecula and Murrieta for the Acquisition of Aerial Imagery and Digital Elevation Data, decreasing the contract amount from $173,000 to $139,150.

*19.          AGREEMENT FOR SERVICES WITH THE BAND THE FAB FOUR TO PERFORM AT THE CITY'S BIRTHDAY BASH

Recommended Action: Approve the agreement for services with the band The Fab Four to perform at the City's Birthday Bash at a cost of $9,000.

*20.          SUBMISSION OF APPLICATION TO U.S. ENVIRONMENTAL PROTECTION AGENCY

Recommended Action: Authorize submission of a grant application to the United States Environmental Protection Agency (EPA) for allocation years 2003 and 2004 in the amount of $939,800 for the construction of sewer facilities in Downtown Murrieta.

*21.          BUDGET ADJUSTMENT

Recommended Action: Approve the addition of $25,000 to the Human Resources budget for recruitment advertising.

*22.          AGREEMENT FOR CONSTRUCTION MANAGER AT RISK SERVICES FOR CITY HALL CONSTRUCTION

Recommended Action: Approve the agreement with GKK Works for Construction Manager at Risk Services (CMAR) for the construction of Murrieta City Hall and authorize the City Manager to execute the document in the amount of $698,470.

*23.          CONTRACT FOR ENVIRONMENTAL CONSULTING SERVICES FOR PROPOSED TENTATIVE TRACT MAP 33904, LOCATED SOUTH OF KELLER ROAD AND EAST OF MAPLETON AVENUE/WARNER LANE

Recommended Action: Authorize the City Manager to enter into a contract with KPC Environmental, Inc. to provide environmental consulting services for the proposed project.

*24.          GRANT DEED OF PROPERTY AND GRANT DEED OF EASEMENT OF RIGHT-OF-WAY FOR PUBLIC ROAD AND UTILITY PURPOSES (FUTURE BAXTER ROAD & FUTURE FIRE STATION), BORDERED ON THE WEST BY ANTELOPE ROAD

Recommended Action: Approve the Grant Deed of property and the Grant Deed of Easement for right-of-way for public and utility purposes and inclusion into the City maintained road system subject to improvement to City standards of portions of Lots 1 through 4 of Tract Map 17510-1 (future Baxter Road) and direct the City Clerk to process the Grant Deeds for recordation.

*25.          ACCEPTANCE OF PUBLIC IMPROVEMENTS IN MAP BOOK 8/359 LOT 87 LOCATED AT JEFFERSON AVENUE AND GUAVA STREET

Recommended Action: Accept the public improvements in Map Book 8/359 Lot 87 and direct the Public Works Department to commence maintenance of the street and drainage improvements associated with this Map Book.

*26.          ACCEPTANCE OF PUBLIC IMPROVEMENTS IN TRACT 29640-1 LOCATED AT GREER ROAD, PECAN TREE LANE, PEPPERMINT PLACE, LEMON GRASS WAY, ORCHID TREE AVENUE, PUMPKIN STREET AND CORAL GUM AVENUE

Recommended Action: Accept the public improvement in Tract 29640-1 shown in Exhibit A, and direct the Public Works Department to commence maintenance of the street and drainage improvement associated with this tract.

*27.          ACCEPTANCE OF PUBLIC IMPROVEMENTS IN PARCEL MAP 6375 PARCELS 1-4 LOCATED AT KALMIA STREET AND VILLAGE PARKWAY

Recommended Action: Accept the public improvements in Parcel Map 6375 Parcels 1-4 and direct the Public Works Department to commence maintenance of the street and drainage improvements associated with this tract.

*28.          ACCEPTANCE OF PUBLIC IMPROVEMENTS IN TRACT 28533-1 LOCATED AT MAPLETON STREET

Recommended Action: Accept the public improvements in Tract 28533-1 and direct the Public Works Department to commence maintenance of the street and drainage improvements associated with this tract.

*29.          ACCEPTANCE OF PUBLIC IMPROVEMENTS IN TRACT 29453 LOCATED AT SUGARBERRY LANE AND SHADY GLEN STREET

Recommended Action: Accept the public improvements in Tract 29453 and direct the Public Works Department to commence maintenance of the street and drainage improvements associated with this tract.

*30.          ACCEPTANCE OF PUBLIC IMPROVEMENTS IN TRACT 27973 LOCATED AT ROSEWOOD STREET AND PALMETTO STREET

Recommended Action: Accept the public improvements in Tract 27973 and direct the Public Works Department to commence maintenance of the street and drainage improvements associated with this tract.

*31.          ACCEPTANCE OF PUBLIC IMPROVEMENTS IN TRACT 27974 LOCATED AT LINCOLN AVENUE AND ELM STREET

Recommended Action: Accept the public improvements in Tract 27974 and direct the Public Works Department to commence maintenance of the street and drainage improvements associated with this tract.

*32.          MICROSOFT SELECT AGREEMENT

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

*33.          CONTRACT FOR ENVIRONMENTAL CONSULTING SERVICES FOR PROPOSED TENTATIVE TRACT MAP 33869 (CASE #TTM-004-107) AND DEVELOPMENT PLAN (DP0-004-244), LOCATED SOUTH OF CLEARBROOK DRIVE, EAST OF VIA PRINCESSA EAST AND NORTH OF MURRIETA HOT SPRINGS ROAD

Recommended Action: Authorize the City Manager to enter into a contract with Matthew Fagan Consulting Services to provide environmental consulting services for the proposed project in the amount of $12,550.

*34.          CONTRACT FOR ENVIRONMENTAL CONSULTING SERVICES FOR PROPOSED TENTATIVE TRACT MAP 33286 (CASE #TTM-004-103), LOCATED SOUTH OF LOS ALAMOS ROAD AND EAST OF MARY PLACE

Recommended Action: Authorize the City Manager to enter into a contract with Matthew Fagan Consulting Services to provide environmental consulting services for the proposed project in the amount of $12,550.

*35.          CONTRACT FOR ENVIRONMENTAL CONSULTING SERVICES FOR PROPOSED MASS GRADING PLAN (CASE # EA 2005-1763), LOCATED ON THE EAST SIDE OF ANTELOPE ROAD, NORTH OF CLINTON KEITH ROAD AND WEST OF CAPE AIRE WAY

Recommended Action: Authorize the City Manager to enter into a contract with KPC Environmental, Inc. to provide environmental consulting services for the proposed budget at a cost of $5,200.

*36.          UPDATED SERVICE AGREEMENT WITH MOTOROLA FOR POLICE RADIO EQUIPMENT

Recommended Action: Approve and authorize the City Manager to sign the updated service agreement with Motorola for police communication equipment infrastructure repair, including advance circuit board replacement at a monthly cost of $347.82.

*37.          REVISED ELECTRICAL MAINTENANCE AGREEMENT

Recommended Action: Authorize the City Manager to execute the revised Cost Distribution Agreement between the City of Murrieta and Caltrans, District 8.

*38.          ADDITIONAL SERVICES FOR TOWN SQUARE PARK DESIGN

Recommended Action: Approve the proposal from SWA for additional design services for Town Square Park in the amount of $6,600, and authorize the City Manager to execute the document.

*39.          WORK ORDER AGREEMENTS WITH DENNIS JANDA, INC.

Recommended Action: Approve the work order agreements with Dennis Janda, Inc. for the surveying and mapping at various park facilities totaling $19,000, and authorize the City Manager to execute the agreement.

PUBLIC HEARINGS

 40.            VACATION OF A PORTION OF MEDICAL CENTER DRIVE EXCESS ROAD RIGHT-OF-WAY (RANCHO SPRINGS MEDICAL CENTER)

Recommended Action: Adopt a Resolution of Vacation of a portion of Medical Center Drive road right-of-way, bordered on the east by Interstate 215, west by Hancock Avenue, and south by Murrieta Hot Springs Road, reserving existing easements for utilities.

 41.            REHEARING OF THE APPEAL OF REVISED VESTING TENTATIVE TRACT MAP 31467 (03-327) AND REVISED DEVELOPMENT PLAN 03-328, FOR A 64-UNIT CONDOMINIUM COMPLEX LOCATED ON THE EASTERLY SIDE OF WASHINGTON AVENUE AND SOUTHERLY OF FULLERTON ROAD (A.C. WASHINGTON)

Recommended Action: Review the staff report; Revised Vesting Tentative Tract Map 31467, Revised Development Plan 03-328, and Revised Conditions of Approval and make a determination subject to the applicable findings.

 42.            ACQUISITION OF EASEMENT FOR OVERHEAD LINES BY EMINENT DOMAIN FOR PUBLIC RIGHT-OF-WAY FOR THE JEFFERSON AVENUE WIDENING PROJECT (AHN)

Recommended Action: Approve a Resolution of Necessity for the acquisition of Certain Property by Eminent Domain located west of Madison Avenue, south of Juniper Street, east of Jefferson Avenue, north of Ivy Street, Assessor's Parcel Number 949-220-007.

 43.            CONTINUED PUBLIC HEARING - COMMUNITY FACILITIES DISTRICT 2005-5 (GOLDEN CITY)

Recommended Action: If appropriate following the public hearing, adopt the Ordinance of Formation for proposed Community Facilities District 2005-5 (Golden City) and approve the Joint Communities Facilities Agreement with Eastern Municipal Water District.

REPORTS, REQUESTS AND COMMUNICATIONS

 44.            FOUR-FIFTHS MAJORITY VOTE ON GENERAL PLAN AMENDMENTS

Recommended Action: Discuss the item and direct staff.

REDEVELOPMENT AGENCY

*45.          MINUTES

Recommended Action: Approve the Minutes of the 7:00 p.m. Regular Meeting on January 17, 2006.

*46.          FIRST AMENDMENT TO 2006 REDEVELOPMENT PLAN AMENDMENT

Recommended Action: Approve the amendment to the contract for redevelopment plan amendment services and authorize the Executive Director to execute the agreement in an amount not to exceed $15,000 from tax increment services.

COMMUNITY SERVICES DISTRICT

*47.          MINUTES

Recommended Action: Approve the Minutes of the 7:00 p.m. Regular Meeting on January 17, 2006.

*48.          ACCEPTANCE OF A PORTION OF LOTS 1, 38, 39 & 51 OF TRACT 28533-8 AND LOTS 1, 13, 14, 25, 26, 62, 63, 76, 77, 103 & 118 OF TRACT 28533-9 FOR LANDSCAPE MAINTENANCE

Recommended Action: Accept the landscape improvements for a portion of Lots 1, 38, 39 and 51 of Tract 28533-8 and a portion of Lots 1, 13, 14, 25, 26, 62, 63, 76, 77, 103 and 118 of Tract 28533-9, Mapleton, and direct the Murrieta Community Services District to commence maintenance of the landscape associated with these parcels and recordation of appropriate documents.

*49.          HUNT FIELD LEASE AGREEMENT WITH MURRIETA NATIONAL LITTLE LEAGUE

Recommended Action: Approve the lease agreement between Murrieta National Little League and the City of Murrieta for the use of Hunt Field located at the Murrieta Community Center site, and authorize the City Manager to execute the document.

*50.          DESIGN OF SYKES RANCH PARK MEMORIAL MONUMENT

Recommended Action: Approve the agreement from David Neault Associates, Inc. for the design of Sykes Ranch Park memorial monument in the amount of $6,930, and authorize the City Manager to execute the document.

*51.          RENEWAL OF AGREEMENT WITH MUNIFINANCIAL

Recommended Action: Approve the contract extension with MuniFinancial for a period of one (1) year including an annual cost-of-living increase, and authorize the City Manager to execute the contract.

*52.          MID-YEAR ADJUSTMENT TO COMMUNITY SERVICES DISTRICT BUDGETS

Recommended Action: Approve the mid-year adjustments to the CSD budgets based on the updated parcel information as provided by MuniFinancial.

MURRIETA FIRE DISTRICT

*53.          MINUTES

Recommended Action: Approve the Minutes of the 7:00 p.m. Regular Meeting on December 6, 2005.

*54.          TECHNICAL SERVICE SUPPORT AGREEMENT, ADVANCED LIFE SUPPORT DEFIBRILLATORS

Recommended Action: Approve the technical service support agreement with Medtronic Emergency Response Systems, Inc. in the amount of $7,398.44, and authorize the City Manager to execute the necessary documents.

PULLED CONSENT CALENDAR ITEMS

GOVERNING BODY ACTIONS/COMMENTS

ADJOURNMENT