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MURRIETA CITY COUNCIL MINUTES
April 18, 2006
26442 BECKMAN COURT, MURRIETA, CA
7:00 PM REGULAR MEETING
CALL TO ORDER: Mayor Kelly Seyarto called the Regular Meeting to order at 7:00 p.m.
ROLL CALL: Present: Enochs, Gibbs, McAllister, and Seyarto. Absent: Ostling
PLEDGE OF ALLEGIANCE:
INVOCATION: Pastor Todd Harvey, Sonrise Christian Fellowship
PRESENTATIONS:
Proclamation - May, Mental Health Month
On behalf of the City Council, Mayor Seyarto proclaimed the month of May as Mental Health Month and called upon all Murrieta citizens to increase awareness of mental health issues. Virginia Marshall with the Riverside County Department of Mental Health thanked Mayor Seyarto and provided pamphlets to the City for distribution.
APPROVAL OF AGENDA
Action: The agenda was unanimously approved on a motion by McAllister and seconded by Enochs, as amended, to continue items #7 and 27 and remove item #14.
COMMUNITY REPORT
Tiffany Sanders of Vista Murrieta High School reported on Outstanding Activities Award, Southwest Riverside County Sportsmanship Award, spring sports, students and teachers visiting from Sasebo Minami High School in Nagasaki, Japan; first graduation ceremony on June 9; Senior Citizens Prom; and Relay for Life.
PUBLIC COMMENTS
Sharon Morgan, Murrieta, opposed the Dream Box and thanked Council for their attempts to close it.
Ruth Geilenfeldt, Murrieta, opposed the Dream Box and shared incidents she encountered while visiting and investigating the store.
Joshua Morris, Wildomar, opposed the Dream Box and said that it was not the type of message the City should send to other businesses in the area.
Michele Bandoni, Murrieta, opposed the Dream Box and commended Council for their action.
Gloria Bandoni, Murrieta, opposed the Dream Box and quoted information she obtained from a website relating to the negative influence of pornography.
Janice Strockis, Murrieta, thanked Council for their stand against the Dream Box.
Terry Whitington, Murrieta, Save our Southwest Hills, expressed concern about the detrimental ecological effects Granite Construction Company's proposed Liberty Quarry will have on the community and invited Council to attend a rally at the Ronald Reagan Sports Park on May 7.
DEPARTMENT/COMMISSION ANNOUNCEMENTS:
City Clerk – Kay Vinson encouraged citizens to register for and vote in the June 6, 2006 Primary Election. She shared where to obtain voter registration forms, May 22nd registration deadline, May 30th absentee ballot deadline, and provided website addresses for candidate information and polling locations.
Engineering – Bob Moehling, Engineering Manager, provided an update on capital improvement projects which included roadway improvements, traffic signals, special projects, and interchanges.
Fire – Gary Whisenand, Acting Fire Chief, invited everyone to attend the Murrieta Fire Department's 59th Annual Deep Pit Barbecue on April 23, 11:30 a.m. to 4:30 p.m., at Fire Station #1.
City Manager – Lori Moss reported on the Murrieta Block Party, and a DARE fundraising opportunity to play golf with former Denver Bronco players Steve Atwater and Ray Crockett at Bear Creek.
GOVERNING BODY ANNOUNCEMENTS:
McAllister: Attended the Temecula State of the City event and congratulated Temecula for
their successes.
Attended RCTC meeting for Council member Gibbs and discussed the relationship
RCTC is going to have with the tunnel project.
Apologized for arriving late to the Eggstravaganza.
Gibbs: Discussed the Society of Office and Industrial Realtors meeting he will be
attending with Council member McAllister and City Manager Lori Moss in an effort
to bring industry to the city. Thanked Communications Manager Simone
McFarland for the informative brochure she created for this meeting.
Bought tickets for the June 30 Murrieta Night at Lake Elsinore Storm Stadium and
urged the community to buy their tickets soon.
Thanked Chief Wright for his immediate action in addressing speeding concerns in
the community and commented on the visible presence of enforcement officers.
Read a report detailing Murrieta Police Department's arrest record and commended
them for their outstanding work.
Provided Planning Director Jack McGee with information on CEQA cases decided in
2005 received at a land use seminar he attended.
Met with counsel for Mary Jane's Consignment, along with Council member Enochs,
where they advised that the city is sympathetic to Mary Jane's plight.
Received a complaint regarding motorcycle noise in the city and would like the
Steering Committee to review our city ordinance to determine its effectiveness.
Received a noise complaint about commercial air traffic from March Air Force Base
and asked the community to provide their input on this issue which he will address
at his next meeting with Supervisor Stone.
APPROVAL OF city council CONSENT CALENDAR items 1-3, 5-9, 11-23
Council member Enochs pulled item #4, Loan for the Purchase of Two Parcels of Land, and a Request to Speak was received on item #10, Contract Agreement for Library RFID System, so the items were moved to the end of the agenda.
Action: It was moved by McAllister and seconded by Enochs to approve City Council consent calendar items 1-3, 5-9, 11-23. On roll call, the vote was:
AYES: Enochs, Gibbs, McAllister and Seyarto
NOES: None
ABSENT: Ostling
1. WAIVEd READING OF ALL ORDINANCE INTRODUCTIONS ON THIS AGENDA AND READ BY TITLE ONLY
2. MINUTES
Action: Approved the Minutes of the 6:15 p.m. Closed Session, 6:45 p.m. Workshop and 7:00 p.m. Regular Meeting on April 4, 2006.
3. TREASURER'S REPORT
Action: Received the Summary of Investment Transactions for the month ending February 28, 2006.
5. LEVY OF ANNUAL ASSESSMENTS FOR THE MURRIETA CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT
Action: Adopted the following:
Resolution 06-1577 ordering the preparation of plans, specifications, cost estimate, diagram, assessment and report pursuant to the provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California, for proceedings for the annual assessment levy after formation of a district and the annexation of additional territory to said project;
Resolution 06-1578 approving the engineer's report for the annual levy of assessments for fiscal year 2006-2007 in a district within said city and the annexation of additional territory to said district; and
Resolution 06-1579 declaring intention to provide for an annual levy and collection of assessments for certain maintenance in an existing district, pursuant to the provisions of Division 15 and the annexation of additional territory to said district, part 2 of the Street and Highways Code of the State of California and setting a time and place for the public hearing.
6. FINAL PARCEL MAP 31059 (JACKSON AVENUE SENIOR APARTMENTS), BORDERED ON THE NORTHEAST BY JACKSON AVENUE, LYING WESTERLY OF CALIFORNIA OAKS AVENUE
Action: Adopted Resolution 06-1580 approving Parcel Map 31059.
7. SUMMARY VACATION - BERLIE STREET
Action: Continued to May 2, 2006.
8. AMENDMENT TO CONTRACT FOR ENGINEERING CONSULTANT SERVICES
Action: Approved an Amendment to the contract compensation rate with Roger S. Cunliffe-Owen, P.E., for engineering consultant services to manage various project designs and to expedite projects through the Caltrans review process at a cost of $90/hour effective May 1, 2006 and not to exceed $168,480 for fiscal year 2006/2007.
9. MONROE AVENUE ALIGNMENT - PHASE 1
Action: Approved the Scope of Work for URS Corporation for the preliminary design for Phase 1 of the Monroe Avenue, Los Alamos Road to Murrieta Hot Springs Road alignment in an amount not to exceed $31,115 and authorized the City Manager to execute it.
11. CONTRACT FOR ENVIRONMENTAL CONSULTING SERVICES FOR A PROPOSED DEVELOPMENT PLAN
Action: Authorized the City Manager to enter into a contract with Christopher Joseph & Associates to provide environmental consulting services for the proposed project at a cost of $19,500.
12. AGREEMENT TO PROVIDE FIREWORKS DISPLAY AT THE CITY'S ANNIVERSARY CELEBRATION
Action: Entered into an agreement with Pyro Spectaculars, Inc. in the amount of $9,000, to provide this year's fireworks display at the City's 15th Anniversary Celebration.
13. UTILITY ENCROACHMENT PERMIT FEE PAYMENT AGREEMENT
Action: Approved the standard Utility Encroachment Permit Fee Payment Agreement, and authorized the City Manager to execute the documents as needed in the future.
14. MURRIETA HOT SPRINGS ROAD WIDENING - CIPS 8041 AND 8042
Action: Removed from agenda.
15. REPLACEMENT OF PUBLIC WORKS MAINTENANCE VEHICLE
Action: Authorized staff to use $80,000 from the Vehicle Replacement Budget to purchase one new five-yard dump truck that will replace an existing one.
16. BIDS FOR THE INSTALLATION OF FLASHING BEACON AT NUTMEG AND ST. RAPHAEL
Action: Rejected the bids for the installation of a Flashing Beacon at Nutmeg Street and St. Raphael, Project No. 06-279 (CIP 8119) and gave approval to re-bid the project.
17. METAL BUILDING FOR CITY CORPORATE YARD
Action: Approved $78,852 for the purchase of a metal structure from 1st Place Barns & Buildings for the storage building for City Corporate Yard.
18. BUDGET ADJUSTMENT FOR CITY CORPORATE YARD
Action: Authorized the transfer of $50,000 from RSA developer funds to capital improvement project "City Corporate Yard-Interim" 042-0060-08331.000P500.
19. BUDGET ADJUSTMENTS
Action: Approved a budget transfer of $40,000 from Economic Development Contract Employees account to Economic Development Marketing Account for marketing purposes; and approved a budget transfer in the amount of $505 from the Recycling Funds Account to the Solid Waste Management Fund for overtime associated with community events.
20. APPROVAL OF ADJUSTED RATE SCHEDULE FOR COMMERCIAL SOLID WASTE SERVICES
Action: Adopted a revised fee schedule for commercial solid waste and recycling services, reflecting adjustments for CPI, extraordinary fuel cost and decrease in the disposal fee component. The results are increases of 86 cents for a 2-yard bin once per week, 72 cents for a 3-yard bin once a week, 69 cents for a 4-yard bin once per week, 93 cents for a 6-yard bin once per week and $7.74 for rolloff service.
21. DECREASE IN ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
Action: Accepted decreases of $12,167 for non-profits and $68,946 for the City project in allocation of Community Development Block Grant (CDBG) Funds for Fiscal Year 2006/07. However, as recommended by staff, the non-profit agencies were maintained at the levels awarded on January 18, 2006 by backfilling the allocation to the Community Food Pantry in the amount of the shortfall from community service grants account.
22. CAPITAL EQUIPMENT PURCHASES FOR THE POLICE DEPARTMENT
Action: Approved the purchase of up to $397,365 in equipment by utilizing existing salary savings to be transferred to the identified capital accounts within the police department budget.
23. BUDGET ADJUSTMENT FOR EQUIPMENT PURCHASE
Action: Transferred GIS salary savings to capital equipment in the amount of $25,000 and transferred City Clerk salary savings to capital equipment in the amount of $25,000.
24. public hearing - REVISIONS TO THE MURRIETA MUNICIPAL CODE RELATING TO COMMERCIAL, RECREATIONAL AND OTHER SIMILAR VEHICLES
Sergeant Robert Firmes provided the staff report. Mayor Seyarto opened the public hearing but there were no speakers so the hearing was closed.
Action: It was moved by McAllister and seconded by Gibbs to introduce an ordinance making revisions to existing regulations pertaining to the definition of commercial vehicles and the parking, keeping and storing of commercial, recreation and other similar vehicles within residential zoning districts. On roll call, the vote was:
AYES: Enochs, Gibbs, McAllister and Seyarto
NOES: None
ABSENT: Ostling
25. public hearing - AMENDED TRANSPORTATION UNIFORM MITIGATION FEE ORDINANCE
James Kinley, Director of Public Works, provided the staff report. Mayor Seyarto opened the public hearing but there were no comments so the hearing was closed.
Council member Enochs asked for the current TUMF per dwelling unit fee. Staff advised it was currently $7,248 and the amendment will increase it to $9,693. Council member McAllister discussed his desire to approve the amended ordinance for the purpose of keeping up with infrastructure needs and mitigating their impact.
Action: It was moved by McAllister and seconded by Gibbs to approve the findings in the 2005 Nexus Study, and introduce an amended Ordinance for the Transportation Uniform Mitigation Fee. On roll call, the vote was:
AYES: Enochs, Gibbs, McAllister and Seyarto
NOES: None
ABSENT: Ostling
26. CODE ENFORCEMENT CIVIL PROSECUTION
John Harper, City Attorney, provided the staff report.
Council member Gibbs emphasized that the Council may delegate their authority but not their responsibility, so the policy must be clear for the City Attorney. City Attorney Harper indicated he proposed the ordinance change since some legitimate issues were raised and code could be clearer. Council member McAllister questioned the need to make a change to the existing ordinance.
Council member Enochs ascertained that the City Attorney currently has authority to file lawsuits, but this ordinance requires Council action to file civil suits. Mayor Seyarto discussed the efficiency of current code, allowing the City Attorney to file actions without Council action, so he opposed a change.
Action: It was moved by Enochs to adopt the ordinance adding Section 1.32.015 Civil Prosecution Code Violations. The motion died due to the lack of a second.
Action: For the record, it was moved by McAllister and seconded by Gibbs to administratively interpret Murrieta Municipal Code Section 1.32.010 C to preclude the City Attorney from any independent authority to file civil action and instead require the City Attorney to obtain specific authorization from the City Council prior to filing any civil action (does not apply to criminal filings). The vote was:
AYES: Enochs, Gibbs and McAllister
NOES: Seyarto
ABSENT: Ostling
Action: By consensus Council recessed briefly from 8:44 p.m. to 8:48 p.m.
27. DISCUSSION OF CONTINGENCY USE ON PUBLIC WORKS PROJECTS
Action: Continued to May 2, 2006.
PULLED CONSENT CALENDAR ITEMS:
4. LOAN FOR THE PURCHASE OF TWO PARCELS OF LAND
Council member Enochs asked if it was possible to pay back the loan earlier than the five-year period. City Manager Lori Moss said that paying the loan back sooner could be addressed each budget year.
Action: It was moved by Enochs and seconded by McAllister to adopt Resolution 06-1581 authorizing a loan of funds from area drainage fees to the general fund. Mayor Seyarto called for the vote:
AYES: Enochs, Gibbs, McAllister and Seyarto
NOES: None
ABSENT: Ostling
10. CONTRACT AGREEMENT FOR LIBRARY RFID SYSTEM
Loretta McKinney, Director of Library Services, described the system's features and commented on its value to the library as it grows.
Robert Newhardt, Murrieta, opposed the RFID system due to concern about the privacy of citizens reading habits.
Action: It was moved by Gibbs and seconded by McAllister to approve a budget transfer of $204,149 from the Library Reserve Fund to the Library operating budget for the purchase of a Radio Frequency Identification System from 3M Company and authorize the City Manager to sign related documents. The vote was:
AYES: Enochs, Gibbs, McAllister and Seyarto
NOES: None
ABSENT: Ostling
GOVERNING BODY ACTIONS/COMMENTS
Gibbs: Asked Deputy City Manager Teri Ferro to have the Steering Committee address the adequacy of the city's noise ordinance at a future Committee meeting.
McAllister: Expressed concern about feedback he was receiving from the community on the Liberty Quarry and asked the Council to take a position at the appropriate time.
ADJOURNMENT
Action: On a motion by Gibbs and seconded by McAllister at 9:08 p.m., the meeting was unanimously adjourned in memory of Frank Cullen, Sr., father of Frank Cullen, Jr., Chief of Staff, Congresswoman Bono's office, and Hank Mohle, former City Traffic Engineer.
A. Kay Vinson, City Clerk
MURRIETA COMMUNITY SERVICES DISTRICT MINUTES
April 18, 2006
26442 BECKMAN COURT, MURRIETA, CA
7:00 PM REGULAR MEETING
CALL TO ORDER: President Kelly Seyarto called the Regular Meeting to order at 7:00 p.m.
Present were: Gibbs, Enochs, McAllister and Seyarto. Absent: Ostling.
APPROVAL OF community services district consent calendar items 28 & 29
Action: It was moved by McAllister and seconded by Enochs to approve Community Services District consent calendar items 28 and 29. On roll call, the vote was:
AYES: Gibbs, Enochs, McAllister and Seyarto
NOES: None
ABSENT: Ostling
28. MINUTES
Action: Approved the Minutes of the 7:00 p.m. Regular Meeting on March 21, 2006.
29. LEVY OF ANNUAL ASSESSMENTS FOR THE SERVICES WITHIN THE MURRIETA COMMUNITY SERVICES DISTRICT AND ADOPT RESOLUTIONS
Action: Adopted the following:
CSD Resolution 06-99 to establish annual rates and charges for the services for fiscal year 2006/2007
CSD Resolution 06-100 for preliminary approval of the engineer's annual levy report for fiscal year 2006/2007
CSD Resolution 06-101 to levy annual rates and charges for fiscal year 2006/2007.
ADJOURNMENT
Action: On a motion by Gibbs and seconded by McAllister at 9:08 p.m., the meeting was unanimously adjourned in memory of Frank Cullen, Sr., father of Frank Cullen, Jr., Chief of Staff, Congresswoman Bono's office, and Hank Mohle, former City Traffic Engineer.
A. Kay Vinson, MMC
City Clerk
MURRIETA FIRE DISTRICT MINUTES
April 18, 2006
26442 BECKMAN COURT, MURRIETA, CA
7:00 PM REGULAR MEETING
CALL TO ORDER: President Kelly Seyarto called the Regular Meeting to order at 7:00 p.m.
Present were: Enochs, Gibbs, McAllister and Seyarto. Absent: Ostling.
APPROVAL OF FIRE district consent calendar items 30 & 31
Action: It was moved by McAllister and seconded by Enochs to approve Fire District consent calendar items 30 and 31. On roll call, the vote was:
AYES: Enochs, Gibbs, McAllister and Seyarto
NOES: None
ABSENT: Ostling
30. MINUTES
Action: Approved the Minutes of the 7:00 p.m. Regular Meeting on April 4, 2006.
31. AGREEMENT FOR FIRE DEPARTMENT PLAN CHECK SERVICES
Action: Approved the agreement with Berryman & Henigar, Inc. for Fire Department plan check services and authorized the General Manager to execute the agreement.
ADJOURNMENT
Action: On a motion by Gibbs and seconded by McAllister at 9:08 p.m., the meeting was unanimously adjourned in memory of Frank Cullen, Sr., father of Frank Cullen, Jr., Chief of Staff, Congresswoman Bono's office, and Hank Mohle, former City Traffic Engineer.
A. Kay Vinson, MMC
City Clerk
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