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MURRIETA CITY COUNCIL MINUTES
JANUARY 10, 2006
26442 BECKMAN COURT
6:00 PM ADJOURNED
MURRIETA, CA
REGULAR MEETING
CALL TO ORDER: Mayor Kelly Seyarto called the Adjourned Regular Meeting to order at 6:00 p.m.
ROLL CALL: Present: Gibbs, Ostling, McAllister, and Seyarto
Absent: Enochs
PLEDGE OF ALLEGIANCE
INVOCATION: Council Member Doug McAllister
APPROVAL OF AGENDA
Action: The agenda was unanimously approved on a motion by McAllister and seconded by Gibbs, as amended, to hear Item #25 before Item #24.
PUBLIC COMMENTS
Bruce Solari, Solari Enterprises, Orange, thanked City Police and Fire Departments for their skillful and compassionate assistance for residents in need due to the fire sprinkler damage in the Monte Vista Apartments.
Robert Newhard, Murrieta, disagreed with a proposal to arrest illegal immigrants in the City. He commented on ethnic profiling leading to community prejudice and said the City needed leaders who will seek equitable solutions to these problems not those who pander to fears.
GOVERNING BODY ANNOUNCEMENTS:
McAllister: Commented on the Celebration of Life Service for Chief Armentrout, thanking the
RTA for donating a bus and complimented staff on their fitting tribute to the Chief.
Was impressed with the Colony's satellite-guided irrigation system.
Gibbs: Complimented Mayor Seyarto for his fitting tribute to Chief Armentrout, stating he was
the right guy at the right place and the right time. Also discussed a local body
shop employee that resides in Yorba Linda who shared with him how Chief
Armentrout provided counsel to her through her breast cancer
chemotherapy.
Seyarto: Complimented Stephanie Smith, Fire Department Analyst, who ably assisted with
setting up Chief Armentrout's services. He thanked other cities, especially
Riverside, for their assistance.
department/commission announcements:
Deputy City Manager – Teri Ferro introduced the new Library Director, Loretta McKinney. Ms. McKinney shared the positive experiences she has had since joining the City.
APPROVAL OF CITY COUNCIL CONSENT CALENDAR ITEMS 1-23.
Action: It was moved by Gibbs and seconded by Ostling to approve City Council consent calendar items 1-23. On roll call, the vote was:
AYES: Gibbs, Ostling, McAllister, and Seyarto
NOES: None
ABSENT: Enochs
1. WAIVED READING OF ALL ORDINANCE INTRODUCTIONS ON THIS AGENDA AND READ BY TITLE ONLY
2. MINUTES
Action: Approved the Minutes of the 5:00 p.m. Closed Session, 6:30 p.m. Workshop and 7:00 p.m. Regular Meeting on December 6, 2005.
3. RATIFICATION OF CHECK REGISTER
Action: Ratified and approved the Check Register in the amount of $4,161,494.50 (checks 57155 - 57561) and the Payroll Register in the amount of $2,180,652.97 for the month of December, 2005.
4. TREASURER'S REPORT
Action: Received the Summary of Investment Transactions for the month ending November 30, 2005.
5. GENERAL FUND OPERATING BUDGET ADJUSTMENT
Action: Approved Resolution 06-1544 amending Resolution 05-1483, which adopted the general fund budget for the 2005-2006 fiscal year.
6. AMENDMENT OF TUMF (TRANSPORTATION UNIFORM MITIGATION FEE) ORDINANCE
Action: Adopted Ordinance 345-06 to amend TUMF Ordinance No. 277-03 and adopted Resolution 06-1545 amending the TUMF Fee Schedule.
7. BUILDING DIVISION BUDGET ADJUSTMENT
Action: Approved an increase of $15,000 to the Miscellaneous account (001-5100-06990-000) from Building & Safety Reserves.
8. CITYWIDE STRATEGIC TECHNOLOGY PLAN
Action: Received and filed.
9. BUDGET ADJUSTMENT FOR ASPHALT OVERLAY
Action: Authorized the transfer of $92,433.00 from trust fund "construction in lieu" to capital improvement project "pavement resurfacing-asphalt overlay" 075-0000-08043.000 P500.
10. AGREEMENT FOR OPENING DAY COLLECTION
Action: Awarded agreement for the Opening Day Collection to Baker and Taylor at a cost of approximately $1,000,000, and authorized City Manager to execute related documents.
11. CONTRACT FOR THE PREPARATION OF ENVIRONMENTAL DOCUMENTATION FOR THE CONSTRUCTION OF THE I-215/LINNEL LANE OVERCROSSING AND EXTENSION OF LINNEL LANE
Action: Approved the $23,200 Contract with Tom Dodson & Associates to prepare environmental documentation for the Combined Project Study Report/Project Report (PSR/PR) for the construction of the I-215/Linnel Lane Overcrossing and Linnel Lane extension to Meadowlark Road.
12. AMENDMENT TO CONTRACT TO OBTAIN FIELD DATA FOR THE I-215/LINNEL LANE OVERCROSSING AND EXTENSION OF LINNEL LANE
Action: Approved the $76,696 Amendment #9 to the existing Contract with DMJM+Harris, Inc. to obtain required field survey and geotechnical data for the development of plans for the construction of the I-215/Linnel Lane Overcrossing and Linnel Lane extension to Meadowlark Road.
13. CONTRACT FOR THE PREPARATION OF A COMBINED PROJECT STUDY REPORT/PROJECT REPORT AND CONSTRUCTION DOCUMENTS FOR THE I-215/LINNEL LANE OVERCROSSING AND LINNEL LANE EXTENSION
Action: Approved the $523,567 Contract with T.Y. Lin International to prepare a Combined Project Study Report/Project Report (PSR/PR) and Construction Documents for the construction of the I-215/Linnel Lane Overcrossing and Linnel Lane extension to Meadowlark Road.
14. REIMBURSEMENT AGREEMENT WITH RANCHO CALIFORNIA WATER DISTRICT
Action: Authorized the City Manager to execute a reimbursement agreement with Rancho California Water District (RCWD) for Washington Avenue Improvements between Fullerton Road and Vineyard Parkway.
15. AGREEMENT FOR CONSTRUCTION OF ROAD AND DRAINAGE IMPROVEMENTS FOR FIG STREET (JEFFERSON BUSINESS CENTER)
Action: Approved the Agreement for Construction of Road and Drainage Improvements for MB 8/359, Portion of Lots 76 and 85 (Jefferson Business Center).
16. GRANT DEED OF EASEMENT OF RIGHT-OF-WAY FOR PUBLIC ROAD AND UTILITY PURPOSES (ADAMS AVENUE AND JEFFERSON AVENUE)
Action: Approved the Grant Deeds of Easement for right-of-way Parcel 2 of Parcel Map 4634 and directed the City Clerk to process the Grant Deed for recordation.
17. INTENT TO VACATE A PORTION OF MEDICAL CENTER DRIVE EXCESS ROAD RIGHT-OF-WAY (RANCHO SPRINGS MEDICAL CENTER EXPANSION)
Action: Adopted Resolution of Intention 06-1546 to vacate a portion of Medical Center Drive excess road right-of-way.
18. AGREEMENT WITH GRENHILL INVESTMENT CORPORATION FOR CONSTRUCTION OF ROAD AND DRAINAGE IMPROVEMENTS (THE VINEYARD)
Action: Approved the Agreement for Construction of Road and Drainage Improvements for Vineyard Parkway Bridge over Murrieta Creek, TR 28903-2 (The Vineyard).
19. AGREEMENTS SECURING CONSTRUCTION OF INTERIM ROAD AND DRAINAGE, SEWER AND WATER IMPROVEMENTS FOR MADISON AVENUE (PROMISE LUTHERAN CHURCH SITE)
Action: Approved the Agreements securing construction of interim Road and Drainage, Sewer and Water Improvements for Madison Avenue along the frontage of Parcel Map 32040 (Promise Lutheran Church Site).
20. DEFERRED STREET IMPROVEMENT AGREEMENT FOR A PORTION OF SHAW LANE
Action: Approved the Deferred Street Improvement Agreement for a portion of Shaw Lane adjacent to parcel 3 of Parcel Map 9083 (42500 Shaw Lane, Dupuis single family residence).
21. RESOLUTION APPROVING FINAL PARCEL MAP 30488-3 (MURRIETA PLAZA) AND ASSOCIATED AGREEMENT FOR MONUMENT PLACEMENT
Action: Adopted Resolution 06-1547 approving Parcel Map 30488-3 and associated agreement.
22. CALIFORNIA CULTURAL AND HISTORICAL ENDOWMENT (CCHE) GRANT APPLICATION
Action: Adopted Resolution 06-1548 authorizing the City of Murrieta to apply for a grant from the California Cultural and Historical Endowment (CCHE) to augment funding for the construction of a Heritage Room for the new public library, and authorized the City Manager to sign all related documents.
23. CONTRACT FOR ENVIRONMENTAL CONSULTING SERVICES FOR THE PROPOSED TOWN GARDENS SHOPPING CENTER
Action: Authorized the City Manager to execute a contract with Tom Dodson and Associates for $36,000 to provide environmental consulting services, including initial preparation of an Environmental Impact Report (EIR) for Town Gardens Shopping Center.
25. RECONSIDER APPROVAL OF THE APPEAL AND DENIAL OF THE VESTING TENTATIVE TRACT MAP 31467 (03-327) AND DEVELOPMENT PLAN (03-328) (MODIFIED)
Action: It was moved by Gibbs and seconded by McAllister to have Council reconsider the appeal of Vesting Tentative Tract Map 31467 and the Modified Development Plan for a 64-unit condominium complex located on the Easterly side of Washington Avenue and Southerly of Fullerton Road and schedule a public hearing for 7:00 p.m. on February 7, 2006 in Council Chambers. Council Member Ostling confirmed the applicant had the opportunity to make changes prior to the Council's vote and that the reconsideration allowed the applicant to proceed without resubmitting the project. On roll call, the vote was:
AYES: Gibbs, McAllister and Seyarto
NOES: Ostling
ABSENT: Enochs
24. PUBLIC HEARING - 2006 GENERAL PLAN UPDATE PROGRAM (GENERAL PLAN AMENDMENT/ZONE CHANGE 005-1842)
Jack McGee, Planning Director, reviewed each site. Mayor Seyarto opened the public hearing.
A letter was received from Winchester Valley Residents Association contesting all zoning and General Plan changes.
Council agreed to adopt the changes as a consent calendar with the following exceptions.
Site #26, North of Hunter Road and east of Skipper Road generally along Warm Springs Creek
Written correspondence was received from the Center for Natural Lands Management in favor of the zone change of site #26.
Site #9, North of Murrieta Hot Springs Road and east of Via Princessa
John Martinez, SCGA Golf Course, spoke in favor of the zone change, discussing his firm's goals and uses for the property.
Mayor Seyarto abstained on Site #3.
Action: It was moved by McAllister and seconded by Gibbs to approve the land use changes as follows:
Site #1, East of Jefferson Avenue and north of Lemon Street, a change from Business Park with Master Plan Overlay (BP w/MPO) to Specific Plan (SP).
Site #3, West of Adams Avenue at Valor Drive and south of Magnolia Street, a change from Estate Residential 2 (ER-2) to Single Family 1 (SF-1).
Site #7, South of Keller Road and east side of Leon Road (sphere of influence area), a change from Rural Residential (RR) to Single Family 1 (SF-1) and Estate Residential 2 (ER-2).
Site #12, Southwest corner of Scott Road and Winchester Road (sphere of influence), a change from Rural Residential (RR) to City of Murrieta designations (CC, SF-1, ER-2, MU-3, C/I, P&R and OS) that closely match the land uses approved by the County for the Planning Areas (PA) in the Domenigoni-Barton Specific Plan (SP310).
Site #26, North of Hunter Road and east of Skipper Road generally along Warm Springs Creek, a change from Rural Residential (RR) to Open Space (OS).
Site #36, Northwest corner of Adams Avenue and Brown Street, a change from ER-1 and MU-3 to ER-1 and ER-2. The change is for an 8,000 sq. ft. portion of APN 909-180-006 from MU-3 to ER-1, and changing the remaining MU-3 and ER-1 land uses to ER-2.
Site #45, North side of Rising Hill Drive between Bahama Way and Bonaire Way, a change from Single Family 1 (SF-1) to Neighborhood Commercial (NC) for 2.24 acres.
Site #50, West of Jefferson Avenue and south of Lemon Street, a change from Estate Residential 2 (ER-2) to Community Commercial (CC).
Site #51, Southwest corner of Fig Street and Jefferson Avenue, a change from General Industrial (GI) to Multiple Use 2 (MU-2).
Site #55, Northeast corner of Jefferson Avenue and Guava Street, a change from Business Park (BP) to Community Commercial (CC).
Site #9, North of Murrieta Hot Springs Road and east of Via Princessa, a change from Private Recreation (PR) and Single Family 2 to Multi-Family 1 with Senior Residential Overlay (MF-1 w/SRO) and Private Recreation (PR).
On roll call, the vote was:
AYES: Gibbs, Ostling, McAllister, and *Seyarto
NOES: None
ABSENT: Enochs
ABSTAIN: *Seyarto, Site #3
Site #6, South side of Calle San Vicente between Via Galletas and Corte Gata
Charles Collins, Murrieta, thanked GPAC and the Planning Commission for zoning the site as open space. He urged Council to consider naming the park Yoder Park in honor of the Yoder family who donated the property.
Councilmember McAllister abstained from participating in Site #6 due to the close proximity of this site to his home, and excused himself from the meeting.
Action: It was moved by Gibbs and seconded by Ostling to zone Site #6, south side of Calle San Vicente between Via Galletas and Corte Gata, from Private Recreation (PR) to Open Space (OS). On roll call, the vote was:
AYES: Gibbs, Ostling, Seyarto
NOES: None
ABSTAIN: McAllister
ABSENT: Enochs
Council Member McAllister returned to meeting.
Site #32, Washington Avenue south of Guava Street and north of Elm Street
Councilmember Gibbs provided a history of Site #32. He discussed the need to protect business owners and rural residential property and asked questions of staff. He shared his vision for the west side to remain rural residential with estate homes, hoping to entice executives of large companies to bring their business to the city and comparing it to Rancho Santa Fe.
Deputy City Manager Jim Holston commented on the trail system. Council Member McAllister discussed grandfathered uses for the property. Council Member Ostling pointed out the specialized industrial zoning is unique to Murrieta.
Kevin Britton, Murrieta, commented on the difficulty of expanding in this area and would like the property to remain rural residential.
Marion Chapman, Murrieta, spoke for the status quo, and said he would like no spot zoning or buffering, and he commented on the need for environment studies on future projects.
Brahm Sherkat, Murrieta, commented that the residential zoning should have been pushed to Adams.
Matthew Lysiak, Murrieta, stated he would like the area to stay rural residential and not abut to industrial.
Kassen Klein, Murrieta, complimented Council Member Gibbs for utilizing a five-year-old, $20,000 staff report to review this item. He provided pictures of the general industrial in the area and asked the zoning to remain unchanged.
Joan Padburg, Murrieta, said she personally witnessed accidents in this area, saying cars have to back up to allow trucks to go through, so she would like the zoning to remain as is.
Charles Yang, Murrieta, thanked Council Member Gibbs for his thorough review. He commented on the loss of property values to the rural residential property owners should these businesses expand, and expressed concern about businesses in this area.
Kenneth Maddock, Project Manager for Woodbridge Homes, stated that his firm is in the process of building 82 homes in this area and that they want to be good neighbors. He asked that Council not change the zoning.
Patty Bruesch, Murrieta, dog kennel owner, urged Council to zone the area in a way that allows the businesses to stay and make improvements.
Barbara Ankele, Murrieta, thanked Council Member Gibbs for his history of the project. She commented that neither the businesses nor the residential properties were the enemy. She commented on the raw sewage drying pits and urged Council to look from a bigger perspective.
Dan Lovinger, Murrieta, commented that the best use is general industrial; special industrial is an anomaly. He stated that the citizens just want to maintain their business and encouraged Council to change the zoning back to general industrial.
Gill Lynch, Murrieta, owner of Kip Inc., commented that Council Member Gibbs had covered a lot of what he wished to comment on. He said his firm employs 95-100 people and he would like to improve his property.
Buck Kemmis, Murrieta, communicated that he bought his parcel in 1988 at the insistence of the County. He asked Council to change the zoning back to general industrial.
Jeff and Betty Voss submitted a letter in opposition to GPAC's recommendation.
Mayor Seyarto closed the public hearing.
Action: By consensus, Council recessed at 8:15 p.m. and reconvened at 8:26 p.m.
Council Member Gibbs requested an explanation of why Mr. Lovinger could not rebuild his home and inquired if it was possible to limit truck traffic. Council Member McAllister asked questions concerning the Jefferson industrial zone, Diaz connection and the sewer treatment plant incongruency.
Mayor Seyarto discussed the need to consider the vision of the community, suggesting the property remain special industrial with modifications as discussed.
Action: It was moved by McAllister and seconded by Seyarto to approve the existing zoning to Site #32, Washington Avenue south of Guava Street and north of Elm Street, and direct staff to bring back modifications to the development code. Council Member Gibbs asked for assurance that the trails and berms get built with development. Council Member Ostling requested a thorough review of the zoning. On roll call, the vote was:
AYES: Gibbs, Ostling, McAllister, and Seyarto
NOES: None
ABSENT: Enochs
Site #33, Washington Avenue north and south of Guava Street and north of Elm Street
Kassen Klein, Murrieta, congratulated Council for working together. He discussed the reason the city did not want the school district to build the high school in this location.
Action: It was moved by McAllister and seconded by Ostling to accept the Planning Commission's recommendation to leave Site #33, Washington Avenue north and south of Guava Street and north of Elm Street, as rural residential. On roll call, the vote was:
AYES: Gibbs, Ostling, McAllister, and Seyarto
NOES: None
ABSENT: Enochs
Site #40, Northeast corner of Washington Avenue and Guava Street
Dan Lovinger, Murrieta, discussed the family who currently lives on the property. He commented that the property is not conducive to residential and recommended Council follow GPAC's recommendation and make it the same as the west side.
Action: It was moved by Ostling and seconded by Gibbs to accept GPAC recommendation for a business park zoning. On roll call, the vote was:
AYES: Gibbs, Ostling
NOES: McAllister, Seyarto
ABSENT: Enochs
Motion failed.
Action: It was moved by McAllister and seconded by Gibbs to zone Site #40, northeast corner of Washington Avenue and Guava Street, from Rural Residential (RR) to Special Industrial (SI). On roll call, the vote was:
AYES: Gibbs, McAllister, Ostling
NOES: Seyarto
ABSENT: Enochs
Site #52, Includes Site #4, East side of Jackson Avenue south of Murrieta Hot Springs Road; Site #41, Northeast corner of Jackson Avenue and Fig Street; and Site #52a, Northeast corner of Jackson Avenue and Fig Street
Tim Kuzelka, Murrieta, opposed the zone change on Site #4. He asked Council to consider a zone change to his property in the future from SF1 to SF2.
Action: It was moved by McAllister and seconded by Gibbs to accept the Planning Commission's recommendation for Site #52, includes Site #4, East side of Jackson Avenue south of Murrieta Hot Springs Road from Business Park (BP) to Single Family 1 (SF-1) and Business Park (BP) to Professional Commercial (PC); Site #41, Northeast corner of Jackson Avenue and Fig Street from Business Park (BP) to Single Family 2 (SF-2); and Site #52a, Northeast corner of Jackson Avenue and Fig Street, from Business Park (BP) to Single Family 2 (SF-2). On roll call, the vote was:
AYES: Gibbs, Ostling, McAllister, and Seyarto
NOES: None
ABSENT: Enochs
Action: It was moved by Gibbs and seconded by Ostling to: a) Approve the California Environmental Quality Act (CEQA) exemption pursuant to Section 15162; b) Adopt Resolution 06-1549 amending the General Plan as follows: (i) Change the text of the Land Use, Circulation and Economic Development Elements; (ii) Revise the Circulation Plan Map; (iii) Change the land use designations for 14 sites; and c) Introduce an Ordinance changing the zoning for the 14 sites. On roll call, the vote was:
AYES: Gibbs, Ostling, McAllister, and Seyarto
NOES: None
ABSENT: Enochs
GOVERNING BODY ACTIONS/COMMENTS
Gibbs: Asked City Manager Lori Moss when the General Plan majority vote item would be placed on the agenda, and she responded it would be considered on February 21, 2006.
McAllister: Obtained Council consensus to consider naming Fire Station #4 in memory of Chief Armentrout on a future agenda.
ADJOURNMENT
Action: On a motion by Seyarto and seconded by McAllister at 9:40 p.m. the meeting was unanimously adjourned in memory of Fire Chief Phil Armentrout.
A. Kay Vinson, MMC
City Clerk
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