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MURRIETA CITY COUNCIL MINUTES
May 2, 2006
26442 BECKMAN COURT
6:00 PM WORKSHOP
MURRIETA, CA
6:45 PM CLOSED SESSION
7:00 PM REGULAR MEETING
PRESENTATION - REVIEW OF PUBLIC CONTRACT PROCESS BY ROY STEPHENSON, BUREAU VERITAS
Mayor Seyarto called the workshop to order at 6:05 p.m. Present were: Enochs, Gibbs, McAllister, Ostling and Seyarto. Absent: None.
Mr. Stephenson discussed public works bidding contract options including public contract code, pre-qualification process, design/build, annual contracts and emergency contract procedures. He also covered contract change orders, highlighting contingency percentages, policy setting maximum for staff approval of change orders, constructability reviews of plans and specifications, construction cost estimating, construction cost increases, utility conflicts/potholing, and other agency impacts.
At 6:45 p.m. Mayor Seyarto recessed the meeting to closed session for the purpose stated below. Present were: Enochs, Gibbs, McAllister, Ostling and Seyarto. Absent: None.
CONFERENCE WITH REAL PROPERTY NEGOTIATORS, CITY MANAGER LORI MOSS, AND WESTMAR COMMERCIAL, REGARDING APPROXIMATELY 10 ACRES LOCATED EAST OF MADISON AND SOUTH OF MURRIETA HOT SPRINGS ROAD, CONCERNING PRICE AND TERMS OF PAYMENT (G.C. 54956.8)
Closed session adjourned at 6:55 p.m.
CALL TO ORDER: Mayor Kelly Seyarto called the Regular Meeting to order at 7:00 p.m., and indicated there was no action to report from Closed Session.
ROLL CALL: Present: Enochs, Gibbs, McAllister, Ostling and Seyarto
Absent: None
PLEDGE OF ALLEGIANCE:
INVOCATION: Very Reverend Jack D. Barker, St. Martha's Catholic Church
PRESENTATIONS:
PROCLAMATION - PUBLIC WORKS WEEK
On behalf of the City Council, Mayor Seyarto presented a Proclamation to James Kinley, Public Works Director, and proclaimed May 21–27, 2006 as Public Works Week and recognized the contributions which public works officials make every day to our health, safety, comfort and quality of life.
PROCLAMATION - MUNICIPAL CLERKS' WEEK
On behalf of the City Council, Mayor Seyarto presented a Proclamation to Kay Vinson, City Clerk, and proclaimed April 30–May 6, 2006 as Municipal Clerks' Week, extending appreciation to our Municipal Clerk Department. Ms. Vinson thanked Mayor Seyarto and discussed events associated with Municipal Clerks' Week.
APPROVAL OF AGENDA
Action: The agenda was unanimously approved on a motion by McAllister and seconded by Gibbs.
COMMUNITY REPORT
Tommy Sardoni of Murrieta Valley High School reported on receiving the “CASL” (California Association of Student Leaders) Award, Relay for Life, Senior Citizens Prom, nominating convention, the spring musical Shake Rattle and Roll, AP testing, blood drive, Senior Day at Knotts Berry Farm, Day of the Teacher, Every 15 Minutes, Prom, Renaissance Fair, Nighthawk Awards and sports.
PUBLIC COMMENTS
Jeremy Morris, Wildomar, thanked Council for their continuing efforts with the Dream Box.
Michael Hames, Murrieta, thanked the community for their participation in the Murrieta Lupus Walk held in memory of his sister, Mary Ellen Hames-Dellacato. He shared that the event raised $16,400, participation increased 80%, and revenue increased 70%. He thanked the Lions Club and City staff for their assistance in making the event a success. Mayor Seyarto thanked Mr. Hames for bringing this positive event to the community.
DEPARTMENT/COMMISSION ANNOUNCEMENTS:
Community Steering Committee - Chairman Clifford Alls reported on the meeting of April 24, 2006 where they discussed Universal Design Standards, review of the 2006/2007 operating budget, and Municipal Code Amendment for committee membership. He advised the next Regular Meeting will be May 8, 2006.
City Clerk – Kay Vinson indicated that Voter Registration Forms are available and the deadline to register is May 22, 2006 for the June 6, 2006 Primary Election.
Fire – Acting Fire Chief Gary Whisenand reported on the 59th Annual Firefighters Barbecue. He said that the event was a great success and approximately 2,000 people were served. He reminded everyone that May 6th was the Public Safety Fair.
City Manager – Lori Moss reported on the downtown clean up to be held May 6th and DARE golf tournament. She discussed the Relay for Life City team in honor of Fire Chief Phil Armentrout, winning the “Best Dressed Campsite” Award.
GOVERNING BODY ANNOUNCEMENTS
Ostling: Discussed complaints he received about dirt haulers on Washington Avenue south of the high school, asked if this route had been authorized by the City, and asked staff to look into this.
Gibbs: Thanked Western Municipal Water District for their efforts to mitigate a brown water
problem caused when three fire hydrants were turned on at the same time resulting and going into the water system.
Discussed his desire to purchase new ovens and dishwashers at the Community
Center after seeing the need while volunteering at the Firefighters Barbecue.
Praised the Police Department's enforcement efforts during the Murrieta Safe Streets
campaign.
Complimented Cathy Bearse for her fantastic efforts on the Relay for Life fundraiser.
Commended Officer Andrew Dorcas and Officer John Martin for their assistance at the
Murrieta Block Party.
Read a letter from Virginia Kelly where she discussed how enjoyable the Murrieta
Block Party was and he commended staff on their outstanding job on this event.
Discussed Murrieta/Temecula committee moving forward on joint projects with the city
of Temecula.
Attended luncheon where Mayor of Anaheim was the guest speaker and commented
on the great ideas the Mayor had on how to attract business to the city.
Met with Supervisor Stone, along with Council member McAllister, to discuss the Scott
Road project, noise ordinances, DHL traffic from March Air Reserve, and making
sure the County starts their road improvements on Clinton Keith working west so
the City can work on internal improvements during this process.
Attended Rancon seminar and will provide a report to staff.
Commended the Hames family for their efforts on the Lupus Walk.
Met with Congresswoman Bono and asked if the City could get something larger
than an RFD from the Postal Service due to the latest population statistic of 92,933.
McAllister: Attended SIOR conference, along with Council member Gibbs and City staff, and
thanked Gordon Fawcett, Derrick Fox and Bob Hagel from the Economic
Roundtable for their assistance.
Urged the community to consider contributing to the Student of the Month program
and stated that the children in this program succeed in spite of what is occurring in
their lives and are very deserving of this award.
Discussed working with individuals in the private sector to begin Phase II of the Town
Square project and is excited about the fact that the amphitheater will be a world-
class theater.
Attended EDC luncheon where Murrieta, Temecula, Lake Elsinore and county
infrastructure projects were discussed. Thanked Bob Moehling, Engineering
Manager, for the wonderful presentation he made which will also be made at the
May 9 Town Hall Meeting.
Thanked City Clerk Kay Vinson and staff for providing the light and healthy breakfast in
honor of Municipal Clerks' Week.
Reported on WRCOG meeting where two items of interest included: 1) WRCOG
taking a position on the cable franchise bill, and 2) the leadership role WRCOG will
take in traffic mitigation efforts of the goods movement infrastructure coming out of
Long Beach and other ports.
Advised that he will be interviewing Commission candidates on June 16 and those
interested should contact City Clerk Kay Vinson or the City Manager's office to
schedule an appointment.
Seyarto: Extended a heartfelt thanks to staff for their efforts on the numerous special events of the past month.
APPROVAL OF city council consent calendar items 1-13
Action: It was moved by Ostling and seconded by McAllister to approve City Council consent calendar items 1-13. On roll call, the vote was:
AYES: Enochs, Gibbs, McAllister, *Ostling and Seyarto
NOES: None
ABSTAIN: *Ostling on item 2
1. WAIVEd READING OF ALL ORDINANCE INTRODUCTIONS ON THIS AGENDA AND READ BY TITLE ONLY
2. MINUTES
Action: Approved the Minutes of the 7:00 p.m. Regular Meeting on April 18, 2006.
3. REVISIONS TO THE MURRIETA MUNICIPAL CODE RELATING TO COMMERCIAL, RECREATIONAL AND OTHER SIMILAR VEHICLES
Action: Adopted Ordinance 357-06 making revisions to the definition of commercial vehicles and the parking, keeping and storing of commercial, recreational and other similar vehicles within residential zoning districts.
4. TRANSPORTATION UNIFORM MITIGATION FEE ORDINANCE
Action: Approved the findings in the 2005 Nexus Study Update; approved the second reading and adopted Ordinance 358-06 for the Transportation Uniform Mitigation Fee (TUMF); and approved the updated TUMF Fee Resolution 06-1582 that identifies the adjusted TUMF Fee schedule conforming to the new Ordinance.
5. FINAL TRACT MAP 31168, A 96 LOT RESIDENTIAL SUBDIVISION MAP LOCATED SOUTH OF KELLER ROAD, WEST OF MENIFEE ROAD
Action: Adopted Resolution 06-1583 approving the final tract map and associated improvement agreements.
6. CONTRACT FOR PERFORMANCES AT THE CITY'S SUMMER "CONCERTS IN THE PARK SERIES"
Action: Entered into a Contract for Services with Scratch Daddy in the amount of $800, with Epstein's Mother in the amount of $500, and with Joe Vegas in the amount of $900, to perform at the City's summer "Concerts in the Park Series" and authorized the City Manager to execute the contracts.
7. CONTRACT WITH CIVIC RESOURCE GROUP FOR IT STRATEGIC PLANNING SERVICES
Action: Approved a contract with Civic Resource Group for IT Strategic Planning Services, authorized the City Manager to execute all related documents, and approved a budget transfer of $20,000 to fund this contract.
8. AWARD OF CONTRACT, ASPHALT OVERLAY
Action: Awarded Contract to All American Asphalt in the amount of $1,122,000 for project #04-245, Asphalt Overlay.
9. SCOTT ROAD AND ANTELOPE ROAD INTERSECTION IMPROVEMENTS
Action: Approved the Interim Street Improvement Plans for Scott and Antelope Roads and approved the mitigated negative declaration environmental determination.
10. COMMISSION VACANCIES
Action: Authorized the City Clerk to advertise for applications to fill Commission vacancies.
11. BUDGET ADJUSTMENTS
Action: Approved a budget transfer in the amount of $27,000 from the Building Maintenance/Repair Fund Reserves to the Building Maintenance Fund for increased cost for utilities and building maintenance.
12. CITY CLERK DEPARTMENT BUDGET ADJUSTMENT
Action: Transferred City Clerk salary savings to allow purchase of equipment and supplies.
13. JOINT PUBLIC HEARING WITH THE MURRIETA REDEVELOPMENT AGENCY ON THE PROPOSED 2006 AMENDMENT TO THE REDEVELOPMENT PLAN
Action: Adopted Resolution 06-1584 consenting to and authorizing the joint public hearing with the Murrieta Redevelopment Agency and directing notification of the same.
14. public hearing - INTERIM ORDINANCE PROHIBITING ADULT ENTERTAINMENT USES
City Attorney John Harper 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 Ostling to adopt by a four-fifths (4/5ths) vote the Interim Ordinance 359-06 prohibiting adult entertainment uses pending study and potential revisions of Murrieta Municipal Code Section 16.44.020. On roll call, the vote was:
AYES: Enochs, Gibbs, McAllister, Ostling and Seyarto
NOES: None
15. public hearing - INTERIM ORDINANCE PROHIBITING ALL USES WITHIN THE VICINITY OF ANTELOPE ROAD
Bob Moehling, Engineering Manager, provided the staff report.
Council members asked questions of staff concerning removing the properties that are not affected from the moratorium, assurances that the process would not drag on, and when staff will provide an update to Council.
Mayor Seyarto opened the public hearing.
Speaking neutrally:
Kassen Klein, Murrieta, appreciates staff working diligently on this project but as a developer representative is concerned about delaying a decision on where Linnel Road will go and what guarantees are in effect to assure timely progress from Rick Engineering.
David Tait, Tait Group, Sacramento, is a Project Delivery Advocate for the Orchard project and they are concerned about transportation infrastructure and making sure streets, bridges and utilities are exempt from the moratorium.
Mike Morris, Murrieta, concurred with Kassen Klein's comments, is pleased with the diligence shown by Planning Department and Council to move this forward, and asked if there were funds available to further expedite the process.
Speaking in opposition:
Craig Majewski, Murrieta, expressed frustration at the time delays the project has experienced and urged Council to get these projects built to bring business into the area.
Mayor Seyarto closed the public hearing.
Council members addressed issues of concern stated in the public comments.
Action: It was moved by Gibbs and seconded by McAllister to adopt by a four-fifths (4/5ths) vote Interim Ordinance 360-06 prohibiting all uses pending study in the area of the Antelope Road alignment between Clinton Keith Road and Scott Road, as amended to have Engineering provide a status report to Council by August 1, 2006 and making the ordinance effective for six months. On roll call, the vote was:
AYES: Enochs, Gibbs, McAllister, Ostling and Seyarto
NOES: None
16. public hearing - INTERIM ORDINANCE PROHIBITING ALL USES IN THE AREA OF THE MONROE ALIGNMENT AND GOLDEN TRIANGLE SPECIFIC PLAN STUDIES
Jack McGee, Planning Director, provided the staff report. (See Redevelopment Agency companion item #25 on May 2, 2006.)
Mayor Seyarto opened the public hearing.
Speaking in opposition:
Dr. Munif Salek, Murrieta, Santa Rosa Medical Plaza, discussed the group's frustration with time delays. They are concerned that their project will be endangered and would like a straightforward answer from the City on whether or not they will be able to proceed with their medical plaza in Murrieta.
Dr. Michael Basch, Murrieta, Santa Rosa Medical Plaza, discussed the medical plaza's desire to serve the community in which they live, the frustrations they have encountered on their project, and would like expeditious answers from the City on whether or not their project will proceed.
Mayor Seyarto closed the public hearing.
Council members asked when the doctors would be notified if their project could move forward, how long the city had known about the realignment, and what other businesses were being delayed pending notification of the realignment.
Action: It was moved by McAllister and seconded by Gibbs to adopt by a four-fifths (4/5ths) vote Interim Ordinance 361-06 prohibiting all uses pending study in the area of the Monroe alignment and Golden Triangle Specific Plan Studies, as amended to include staff updates to Council and ordinance effective for six months. On roll call, the vote was:
AYES: Enochs, Gibbs, McAllister, Ostling and Seyarto
NOES: None
Action: By consensus Council recessed briefly from 8:45 p.m. to 9:00 p.m.
17. public hearing - ORCHARDS DEVELOPMENT PLAN AND DEVELOPMENT AGREEMENT AMENDMENT NO. 1, LOCATED ON THE SOUTHEAST CORNER OF MCELWAIN ROAD AND LINNEL LANE, AND ADJACENT TO INTERSTATE 215
Jack McGee, Planning Director, provided the staff report. Mayor Seyarto asked how the Planning Commission voted and how long it took them to approve the project.
Mayor Seyarto opened the public hearing.
Speaking on behalf of applicant:
Allan Davis, Applicant, said that he appreciated the cooperation he had received from staff during their application process and discussed the site plan, traffic studies, the Planning Commission's approval of Dixie Line Lumber into the Orchards, and stated he was available to answer questions. He asked the condition regarding water flow be corrected to reflect 2,850 gallons/minute.
Council member Gibbs advised he met with applicant and discussed the traffic and bridge issues and urged Council to see the presentation Mr. Davis prepared on the infrastructure schedule. Mr. Davis provided his PowerPoint presentation.
Speaking in support:
Kassen Klein, Murrieta, said this project was a wonderful opportunity to bring in big box tenants who allow the potential to support the quality of life that people want.
In opposition:
Correspondence in opposition to the amendment was received from Thomas Butler, Murrieta, and Barbara Nugent, Murrieta.
Mayor Seyarto closed the public hearing.
Action: It was moved by McAllister and seconded by Seyarto to adopt an Addendum to the Orchards EIR; Approve Development Plan 005-1800; and Introduce an Ordinance approving Orchards Development Agreement Amendment No. 1 (DA0-005-1801) based on Findings and subject to the revised Conditions of Approval. On roll call, the vote was:
AYES: Enochs, Gibbs, McAllister, Ostling and Seyarto
NOES: None
18. public hearing - ORDINANCE ADDING THE HISTORIC PRESERVATION ADVISORY COMMISSION TO THE MURRIETA MUNICIPAL CODE
Jim Holston, Deputy City Manager, 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 Enochs and seconded by McAllister to introduce an ordinance adding Section 2.36 of Title 2 of the Municipal Code relating to the membership and duties of the Historic Preservation Advisory Commission. On roll call, the vote was:
AYES: Enochs, Gibbs, McAllister, Ostling and Seyarto
NOES: None
19. ORDINANCE REVISING MEMBERSHIP OF THE COMMUNITY STEERING COMMITTEE
Kay Vinson, City Clerk, provided the staff report.
Action: It was moved by Enochs and seconded by McAllister to introduce the ordinance providing for three at-large members to reside in and represent specific areas of the City, one from west of I-15, one between I-15 and I-215, and one east of I-215. On roll call, the vote was:
AYES: Enochs, Gibbs, McAllister, Ostling and Seyarto
NOES: None
20. DISCUSSION OF CONTINGENCY USE ON PUBLIC WORKS PROJECTS
Lori Moss, City Manager, provided the staff report.
Council member Enochs discussed why he would like to have more detailed background of the City's contingency use of public works projects. Council member Gibbs suggested more open discussion to make the process better, possibly a brainstorming session to discuss the issue in more depth. Council member McAllister said he found staff to be open and accessible and suggested more thorough review of staff reports provided with the agenda. Council member Ostling suggested hiring an outside contractor to perform an audit. City Manager Lori Moss recommended contracting Roy Stephenson to work with engineering staff on a process management audit.
Action: It was moved by Ostling and seconded by Gibbs to hire an outside individual to perform a process management audit. On roll call, the vote was:
AYES: Enochs, Gibbs, McAllister, Ostling and Seyarto
NOES: None
GOVERNING BODY ACTIONS/COMMENTS
Enochs: Asked Council to consider adding a Traffic update to the agenda under Department/Commission Announcements. City Manager Lori Moss recommended providing a Traffic update at the first Council session of the month, leaving the Engineering update at the second Council session of the month.
ADJOURNMENT
Action: The meeting was unanimously adjourned at 10:35 p.m.
A. Kay Vinson, MMC
City Clerk
CALL TO ORDER: Chair Kelly Seyarto called the Regular Meeting to order at 7:00 p.m.
Present were: Enochs, Gibbs, McAllister, Ostling and Seyarto. Absent: None.
APPROVAL OF redevelopment agency consent calendar items 21, 23 and 24
Council member Gibbs pulled item 22 and asked to have item 25 considered with item 16.
Action: It was moved by Ostling and seconded by McAllister to approve Redevelopment Agency consent calendar items 21, 23 and 24. On roll call, the vote was:
AYES: Enochs, Gibbs, McAllister, Ostling and Seyarto
NOES: None
21. MINUTES
Action: Approved the Minutes of the 7:00 p.m. Regular Meeting on April 4, 2006.
23. JOINT PUBLIC HEARING WITH THE MURRIETA CITY COUNCIL ON THE PROPOSED 2006 AMENDMENT TO THE REDEVELOPMENT PLAN
Action: Adopted RDA Resolution 06-59 consenting to and authorizing the joint public hearing with the Murrieta City Council and directing notification of the same.
24. OWNER PARTICIPATION AND RE-ENTRY RULES AND THE RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES
Action: Adopted RDA Resolution 06-60 approving the Owner Participation and Re-Entry Rules and the Relocation Assistance/Property Acquisition Guidelines for the area proposed to be added to the Murrieta Redevelopment Project.
25. INTERIM ORDINANCE PROHIBITING ALL USES IN THE AREA OF THE MONROE ALIGNMENT AND GOLDEN TRIANGLE SPECIFIC PLAN STUDIES
Jack McGee, Planning Director, provided the staff report. (See Council companion item #16 on May 2, 2006.)
Chair Seyarto opened the public hearing.
Speaking in opposition:
Dr. Munif Salek, Santa Rosa Medical Plaza, Murrieta, discussed the group's frustration at the time delays. They are concerned that their project will be endangered and would like a straightforward answer from the City on whether or not they will be able to proceed with their medical plaza.
Dr. Michael Basch, Santa Rosa Medical Plaza, Murrieta, discussed the medical plaza's desire to serve the community in which they live and the frustration they have encountered on their project. He asked the City to provide answers expeditiously so that they could move forward on this project.
Chair Seyarto closed the public hearing.
Members asked when the doctors would be notified if their project could move forward, how long the city had known about the realignment, and what other businesses were being delayed pending notification of the realignment.
Action: It was moved by Gibbs and seconded by McAllister to approve a budget allocation from Redevelopment Agency funds for Vista Murrieta alignment study and Golden Triangle Specific Plan document amendment. On roll call, the vote was:
AYES: Enochs, Gibbs, McAllister, Ostling and Seyarto
NOES: None
PULLED CONSENT CALENDAR ITEMS
22. DRAFT 2006 AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE MURRIETA REDEVELOPMENT PROJECT
Richard Tillberg, Urban Futures, provided the staff report. Agency member Gibbs provided an explanation of why he pulled this item.
Action: It was moved by McAllister and seconded by Gibbs to adopt RDA Resolution 06-61 accepting the draft 2006 Amendment to the Redevelopment Plan for the Murrieta Redevelopment Project and authorizing transmittal of the same to the Planning Commission. On roll call, the vote was:
AYES: Enochs, Gibbs, McAllister, Ostling and Seyarto
NOES: None
ADJOURNMENT
Action: The meeting was unanimously adjourned at 10:35 p.m.
A. Kay Vinson, MMC
City Clerk
CALL TO ORDER: President Kelly Seyarto called the Regular Meeting to order at 7:00 p.m.
Present were: Enochs, Gibbs, McAllister, Ostling and Seyarto. Absent: None.
APPROVAL OF community services district consent calendar items 26 & 27
Action: It was moved by Ostling and seconded by McAllister to approve Community Services District consent calendar items 26 and 27. On roll call, the vote was:
AYES: Enochs, Gibbs, McAllister, *Ostling and Seyarto
NOES: None
ABSTAIN: *Ostling on item 26
26. MINUTES
Action: Approved the Minutes of the 7:00 p.m. Regular Meeting on April 18, 2006.
27. GEOTECHNICAL SERVICES FOR COPPER CANYON PARK
Action: Approved the agreement for GeoSoils, Inc. for the geotechnical services at Copper Canyon Park in the amount of $34,247, and authorized the City Manager to execute the document.
ADJOURNMENT
Action: The meeting was unanimously adjourned at 10:35 p.m.
A. Kay Vinson, MMC
City Clerk
CALL TO ORDER: President Kelly Seyarto called the Regular Meeting to order at 7:00 p.m.
Present were: Enochs, Gibbs, McAllister, Ostling and Seyarto. Absent: None.
APPROVAL OF FIRE district consent calendar items 28 & 29
Action: It was moved by Ostling and seconded by McAllister to approve Fire District consent calendar items 28 and 29. On roll call, the vote was:
AYES: Enochs, Gibbs, McAllister, *Ostling and Seyarto
NOES: None
ABSTAIN: *Ostling on item 28
28. MINUTES
Action: Approved the Minutes of the 7:00 p.m. Regular Meeting on April 18, 2006.
29. BUDGET ADJUSTMENT FOR EQUIPMENT PURCHASE
Action: Transferred available State Fire response reimbursement monies and Fire Department salary savings and insurance premiums in the amount of $326,615 to the identified operational and capital accounts within the Fire Department budget.
ADJOURNMENT
Action: The meeting was unanimously adjourned at 10:35 p.m.
A. Kay Vinson, MMC
City Clerk
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