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September 19, 2006 26442 BECKMAN COURT 6:30 PM WORKSHOP MURRIETA, CA 7:00 PM REGULAR MEETING Mayor Seyarto called the workshop to order at 6:30 p.m. Present were: Enochs, Gibbs, McAllister, Ostling and Seyarto. Absent: None. PRESENTATIONS: VIET TRAN, SOUTHERN CALIFORNIA EDISON Viet Tran, Regional Manager, Southern California Edison, provided a report on the tiered rate structure. Mr. Tran additionally provided information on how the community could take advantage of rebate programs. CALL TO ORDER: Mayor Kelly Seyarto called the Regular Meeting to order at 7:01 p.m. ROLL CALL: Present: Enochs, Gibbs, McAllister, Ostling and Seyarto Absent: None PLEDGE OF ALLEGIANCE: INVOCATION: Pastor J. T. Greenleaf, Murrieta United Methodist Church, provided the invocation and invited the community to attend their “Night of Faith” service on November 19 APPROVAL OF AGENDA Action: The agenda was unanimously approved on a motion by McAllister and seconded by Gibbs. COMMUNITY REPORT: Brianna Clark, Vista Murrieta High School, reported on a pep rally on August 31st, honoring their outgoing principal and providing their new principal with a letterman's jacket, Coach Candaele being honored by Channel 7 as the "Coach of the Week,” ASB ice cream social on September 18th, senior assembly on September 11th, Fall Fest week, a football game with Coachella Valley on September 22nd, and homecoming on September 23rd. PUBLIC COMMENTS Thomas Prenovost, Brea, attorney for Tarbell Realtors, discussed concern over the temporary sign ordinance and its impact on his client. Donald Lambert, Murrieta, was pleased Southern California Edison had provided a report on the tiered rate structure and talked about items of concern regarding energy. Harvey Baublitz, Murrieta, discussed meeting with staff regarding the fact that the GSD specific plan did not use the true historical flow from the Warm Springs tributary. Kathleen Hamilton, Murrieta, invited the community to attend a forum hosted by Democracy for America which will address community concerns about Granite Construction's pending Environmental Impact Report on the Liberty Quarry. Brenda Dennstedt, Murrieta, reported that a grant from the EPA to improve sewer systems in Old Town Murrieta had received preliminary approval. DEPARTMENT/COMMISSION ANNOUNCEMENTS: Community Steering Committee – Vice Chair Thomas Butler reported on the meeting of September 11, 2006 where the Committee was tasked with studying the feasibility and need to revise the city's noise ordinance, and selected a three-member subcommittee to study the ordinance, consisting of Barbara Ankele, Thomas Butler and Alan Long, with Rick Gibbs serving as the Council representative. The next regular meeting will be October 9, 2006. Mayor Seyarto presented Mr. Butler with a Certificate of Adjournment for the meeting of September 5, 2006 in memory of his mother, Betty Bond Young. Community Services – Debbie Tharp, Community Services Manager, reported on the Movie in the Park on September 23, Battle of the Bands on October 7, Knott's Scary Farm on October 20, and the Fall Spooktacular on October 28. Engineering – Bob Moehling, Engineering Manager, reported on capital improvement projects which include roadway improvements, traffic signals and the Murrieta public library. City Manager – Lori Moss discussed the new city trails map prepared by the Community Services department showing all the active and passive trails within the city, and a flyer on the Historic Harvest Festival sponsored by the Historic Downtown Murrieta Association. She advised that work has begun on the Los Alamos bridge and the Police Department is participating in “Ride Across America” for the Lance Armstrong Foundation. GOVERNING BODY ANNOUNCEMENTS: Enochs: Discussed the need for an underground sewer system in historic downtown and the preliminary approval of the grant from the EPA for this purpose. McAllister: Attended League of California Cities annual meeting and shared that it was one of the best meetings he had attended. Gave kudos to the organizers of the 911 Parade and commented on how well attended the event was. Thanked Altura Credit Union for their fundraising efforts for the new library and city schools. Attended Legislative Summit at South Coast Winery where infrastructure issues were discussed. Attempted to attend the Boys and Girls Club “Days for the Kids” event but went to the wrong location, and suggested Council recognize their efforts at a future meeting. Gibbs: Discussed two letters from citizens praising Chief Wright's staff and gave kudos to the Police Department for their efforts in keeping the community safe. Reported on a letter received from a family who won a dinner at the Fire Department with Captain Lopez and his crew and how impressed they were with staff's professionalism and kindness. Talked about the touching memorial service for Mr. and Mrs. Kamine and said their loss would be deeply felt by the community. Attended opening of Promise Lutheran Church and discussed their plans to open a much-needed daycare center in the community which will accommodate over 200 children. Went to Family Values Award Night at Church of Jesus Christ of the Latter-Day Saints where local teacher Linda Becker and Dr. Randall Leisey were recipients of the award and Alan Osmond was the guest speaker. Congratulated Deputy City Manager Teri Ferro for being a featured speaker at the City Manager Convention in Austin, Texas. Had a discussion with the Deputy Director for March Air Force Base Joint Powers Authority concerning nighttime noise complaints from DHL's subcontracted flights, and due to the sensitivity of these complaints, the JPA has rewritten the flight path. He thanked Curtiss LeBlanc and Gary Thomasian for their efforts with this issue. Seyarto: Attended League of California Cities, Public Safety Committee meeting and advised the League has taken a position of support for Jessica's Law, even though there are some issues. Additionally, the League will co-sponsor efforts to strengthen laws against street racing enabling cities to have a stronger voice through the League's participation. Reported on WRCOG meeting and advised TUMF has collected $375 million which will be used to move construction projects forward. Would like to receive more information on the PUC electrical rate structuring and said this was a regional issue. APPROVAL OF city council CONSENT CALENDAR items 1 and 3-28 A request to speak was received on item 2, Minutes, so it was removed from the consent calendar. Action: It was moved by Gibbs and seconded by McAllister to approve City Council consent calendar items 1 and 3-28. On roll call, the vote was: AYES: *Enochs, *Gibbs, *McAllister, *Ostling and Seyarto NOES: *Enochs items 3 (Rick's Engineering, vendor 2323, and Griffith Company, vendor 2353), 12, 14, 17, 18, 19, 26 and 28 *Ostling items 12, 14, 17, 18, 19, and 26 ABSTAIN: *Enochs items 3, vendor 2487, due to the possibility that his company may have sent resumes to this vendor, and 11, 13, 20, 21, 22, 23, 24, and 25 due to the fact that he volunteered at those locations *Gibbs item 26 due to his son working for the American Cancer Society, a sponsor of Proposition 86 *McAllister item 13 due to the appearance of a potential personal financial effect 1. WAIVEd READING OF ALL ORDINANCE INTRODUCTIONS ON THIS AGENDA AND READ BY TITLE ONLY 3. RATIFICATION AND APPROVAL OF THE CHECK REGISTER FOR AUGUST 2006 Action: Ratified and approved the Check Register in the amount of $4,627,728.96 (checks 61477-62086) and the Payroll Register in the amount of $2,092,612.79 for the month of August 2006. (NOES: Enochs on Rick's Engineering, vendor #2323, and Griffith Company, vendor 2353; ABSTAIN: Enochs on vendor 2487 due to the possibility that his company may have sent resumes to this vendor) 4. TREASURER'S REPORT Action: Received the Summary of Investment Transactions for the month ending July 31, 2006. 5. UNIVERSAL DESIGN FOR RESIDENTIAL DWELLINGS ORDINANCE Action: Adopted Ordinance 370-06 establishing standards of universal design for residential dwellings (UDRD). 6. MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) DEVELOPMENT FEES Action: Adopted Ordinance 371-06 amending Ordinance No. 289-03 and establishing a local development mitigation fee for funding the preservation of natural ecosystems in accordance with the Western Riverside County Multiple Species Habitat Conservation Plan. 7. DEVELOPMENT CODE AMENDMENT APPLICATION DCA-006-2001 RELATED TO AMENDING MEDICAL OFFICE AND PROFESSIONAL OFFICE PARKING STANDARDS Action: Adopted Ordinance 372-06 approving Development Code Amendment 2006-2001 amending the Development Code. 8. AMENDMENT TO PERS HEALTH CONTRACT (MURRIETA POLICE OFFICER'S ASSOCIATION) Action: Adopted Resolution 06-1634 amending the contract between the City of Murrieta and the Public Employees Retirement System (PERS) relating to city-paid medical insurance premiums. 9. REVISION TO THE CITY-WIDE RECORDS RETENTION/DISPOSITION SCHEDULE Action: Adopted Resolution 06-1635 approving amendments to the City's Records Retention/Disposition Schedule. 10. RECOGNITION AND ESTOPPEL AGREEMENT Action: Authorized the City Manager to execute a Recognition and Estoppel Agreement with National City Bank and Four Points Real Estate Development on behalf of Goddard Schools, for a secured mortgage loan in the amount of $1,375,000. 11. CONTRACT FOR ENVIRONMENTAL CONSULTING SERVICES FOR PROPOSED MONROE AVENUE IMPROVEMENTS Action: Authorized the City Manager to sign a contract with Tom Dodson and Associates to provide environmental consulting services to assist in compiling and Environmental Determination to comply with CEQA for the Monroe Avenue improvements proposed between Symphony Lane and Los Alamos Road at a cost of $26,700. (ABSTAIN: Enochs due to volunteering his time at this location) 12. CONTRACT FOR ENVIRONMENTAL CONSULTING SERVICES FOR PROPOSED TENTATIVE PARCEL MAP 34255 (CASE # TPM 2006-2006), LOCATED ON THE EAST SIDE OF WASHINGTON AVENUE, SOUTH OF GUAVA STREET Action: Authorized the City Manager to enter into a contract with TRC Consulting Services to provide environmental consulting services for the proposed project. (NOES: Enochs and Ostling) 13. CONTRACT FOR ENVIRONMENTAL CONSULTING SERVICES FOR PROPOSED SUBDIVISION OF 56.18 ACRES (CASE # TPM 2006-1963), LOCATED EAST OF ANTELOPE ROAD AND SOUTH OF BAXTER ROAD Action: Authorized the City Manager to enter into a contract with KPC Environmental, Inc. to provide environmental consulting services for the proposed project. (ABSTAIN: Enochs due to volunteering his time at this location and McAllister due to the appearance of a financial conflict of interest) 14. SCOTT ROAD AND ANTELOPE ROAD INTERSECTION IMPROVEMENTS Action: Approved the cooperative agreement amendment substituting the name of Hughes for Heritage Marketplace Murrieta, L.P.; and approved the agreement change order for an increase of $30,208. (NOES: Enochs and Ostling) 15. AGREEMENT FOR CONSTRUCTION OF ROAD AND DRAINAGE IMPROVEMENTS FOR DATE STREET (ROYAL PACIFIC CONSTRUCTION, INC.) Action: Approved the Agreement for Construction of Road and Drainage Improvements for Date Street lying adjacent to Parcel Map 29083, parcels 2-5, located east of the intersection of Margarita Road and Date Street. 16. AGREEMENT FOR CONSTRUCTION OF ROAD AND DRAINAGE FOR JOHN WAYNE ROAD (TOM AND RONA HELLWEG) Action: Approved the Agreement for Construction of Road and Drainage Improvements of John Wayne Road adjacent to Parcel Map 32442, located west of Hayes Avenue and south of De Luz Road on John Wayne Road. 17. REIMBURSEMENT AGREEMENT - ORCHARD, STONE CREEK Action: Approved the reimbursement agreement with Carlmart for construction of public improvements in the sum of $1,263,361; and authorized a budget increase of $993,936 to 001-2300-06410.000. (NOES: Enochs and Ostling) 18. TRAFFIC SIGNAL COORDINATION CONSULTANT Action: Approved a budget adjustment of $40,000 to hire a consultant to perform the coordination of traffic lights and other traffic safety tasks and responsibilities as directed by the City's Traffic Engineer. (NOES: Enochs and Ostling) 19. JEFFERSON AVENUE IMPROVEMENTS, PROJECT NO. 8223 - ADJUSTMENT OF COMPENSATION AND BUDGET ADJUSTMENT Action: Approved an Adjustment of Compensation of $794,913.47 to Griffith Company for right of way delay on the Jefferson Avenue Improvements, Project No. 8223 and transferred $250,000 from the completed Murrieta Hot Springs Road widening (CIP #8041-P500 and P600) to Jefferson Avenue Improvements construction. (NOES: Enochs and Ostling) 20. ACCEPTANCE OF PUBLIC IMPROVEMENTS IN TRACT 28533-7 LOCATED AT POINSETTIA STREET AND GLADIOLUS AVENUE (WL MAPLETON ASSOCIATES, L.P.) Action: Accepted the public improvements in Tract 28533-7 and directed the Public Works Department to commence maintenance of the street and drainage improvements associated with this tract. (ABSTAIN: Enochs due to volunteering his time at this location) 21. ACCEPTANCE OF PUBLIC IMPROVEMENTS IN TRACT MAP 29331 LOCATED AT WINCHESTER CREEK AVENUE AND BONAIRE WAY (PINNACLE COMMUNITIES) Action: Accepted the public improvements in Tract Map 29331 and directed the Public Works Department to commence maintenance of the street and drainage improvements associated with this tract map. (ABSTAIN: Enochs due to volunteering his time at this location) 22. ACCEPTANCE OF PUBLIC IMPROVEMENTS IN TRACT 30280 LOCATED AT WHITEWOOD ROAD (LINCOLN RANCH 249/AF XXXIII, LLC) Action: Accepted the public improvements in Tract 30280 and directed the Public Works Department to commence maintenance of the street and drainage improvements associated with this tract. (ABSTAIN: Enochs due to volunteering his time at this location) 23. ACCEPTANCE OF PUBLIC IMPROVEMENTS IN PARCEL MAP 7704, PARCELS 1 AND 2, LOCATED ON KALMIA STREET (LEGACY GROUP, INC.) Action: Accepted the public improvements in Parcel Map 7704, parcels 1 and 2 and directed the Public Works Department to commence maintenance of the street and drainage improvements associated with this parcel map. (ABSTAIN: Enochs due to volunteering his time at this location) 24. ACCEPTANCE OF PUBLIC IMPROVEMENTS IN PARCEL MAP 30975 LOCATED AT ANTELOPE ROAD (HUGHES INVESTMENTS) Action: Accepted the public improvements in Parcel Map 30975 and directed the Public Works Department to commence maintenance of the street and drainage improvements associated with this Parcel Map. (ABSTAIN: Enochs due to volunteering his time at this location) 25. INCREASE BUDGET FOR POLICE ACTIVITIES LEAGUE (PAL) PROGRAM Action: Increased the Police Support Division/Contract Services budget in order to fund the Police Activities League (PAL) Program due to a Wal-Mart Foundation Grant of $2,500. (ABSTAIN: Enochs due to volunteering his time at this location) 26. POSITIONS ON STATEWIDE BALLOT PROPOSITIONS AND SB 1322 Action: Support for Proposition 86-tobacco tax, opposition to Proposition 87-oil tax, review of Proposition 90-eminent domain/taxpayer trap, and authorization for the Mayor to request Governor's veto of SB 1322 (group homes) failed for lack of majority. (NOES: Enochs and Ostling; ABSTAIN: Gibbs due to his son working for the American Cancer Society, a sponsor of Proposition 86) 27. REVISION TO UPCOMING COUNCIL MEETING SCHEDULE Action: Cancelled the November 7, 2006 regular meeting and the January 2, 2007 regular meeting. 28. COMMUNICATIONS AND PUBLIC RELATIONS AGREEMENT FOR CONSTRUCTION OF CAPITAL IMPROVEMENT PROJECTS (CIP) WORK Action: Approved the agreement with Katz & Associates to provide communications and public relations for construction of capital improvement projects (CIP) work at a cost of $20,000; and approved an increase in the amount of $10,000 to the engineering contract services budget for general fund contingencies. (NOES: Enochs) 29. PUBLIC HEARING - COMMUNITY FACILITIES DISTRICT NO. 2006-3 (MAGNOLIA) City Attorney John Harper advised the developer had requested a continuance to October 17, 2006. Action: It was unanimously moved to continue the public hearing to October 17, 2006 at 7:00 p.m. On roll call, the vote was: AYES: Gibbs, Enochs, McAllister, Ostling and Seyarto NOES: None 30. PUBLIC HEARING - SMOKING POLLUTION CONTROL ORDINANCE Police Chief Mark Wright provided the staff report. Mayor Seyarto opened the public hearing. Steve Porter, Murrieta, said the ordinance has good aspects. However, he expressed concern with preventing smoking in outdoor restaurant areas, private cigar shops, and potential arena. Mayor Seyarto closed the public hearing. Action: It was moved by Gibbs and seconded by McAllister to introduce an Ordinance regulating the public's exposure to secondhand smoke in places accessible to the public in the City of Murrieta. On roll call, the vote was: AYES: Gibbs, Enochs, McAllister, Ostling and Seyarto NOES: None Council member McAllister recused himself from participating in item 31 due to the appearance of a financial conflict of interest. 31. PUBLIC HEARING - ORDINANCE RESCINDING URGENCY ORDINANCE 360-06 AFFECTING LANDS IN THE VICINITY OF ANTELOPE ROAD Planning Director Jack McGee provided the staff report. Mayor Seyarto opened the public hearing. Gary Bryant, Murrieta, said that Council member McAllister's explanation of why he would be unable to participate in item 31 was insufficient under Government Code § 87105, which would prevent Council from continuing discussion on this item. He requested Council member McAllister be invited back into the meeting to provide a specific reason why he would be unable to participate in item 31. There being no other comments, Mayor Seyarto closed the public hearing and requested City Attorney John Harper address Mr. Bryant's comments. Mr. Harper determined through discussion with Council member McAllister that he did not have a financial interest, but given the level of public opinion Council member McAllister felt it would not be appropriate to participate. Mr. Harper said that he was certain Council member McAllister would be happy to be more specific about the potential underlying conflict; however, the statute did not require him to do so before Council could consider the matter. Council member McAllister returned to the dais and said he had spoken with the FPPC and, based on that discussion, was advised he did not have to abstain. However, he chose to abstain based on what he perceived to be the appearance of a financial conflict and in light of recent events. He identified the possible conflict as a potential assemblage of land (east of Meadowlark) for which he has solicited property owner agreements. Council member McAllister recused himself from the meeting. Action: It was moved by Gibbs and seconded by Seyarto to introduce the Ordinance rescinding Urgency Ordinance 360-06 for the purpose of removing the prohibition on land uses in the vicinity of Antelope Road and waive further reading. On roll call, the vote was: AYES: Gibbs, Ostling and Seyarto NOES: None ABSTAIN: Enochs due to volunteering his time near the location McAllister due to the appearance of a potential financial affect on a source of income Council member McAllister returned to the dais. Mayor Seyarto asked for and received consensus to hear item 33 before item 32 due to Council member Gibbs having to leave the meeting early. 33. INVESTIGATION OF TRAFFIC IMPACTS ON MURRIETA HOT SPRINGS ROAD Council member Gibbs requested a continuance to the meeting of October 3, 2006 due to the fact that he had to leave the meeting and community members of La Florita would be returning on October 3, 2006 to provide public testimony. Action: It was unanimously moved to continue the item to the meeting of October 3, 2006. 32. COMMISSION APPOINTMENT - HISTORIC PRESERVATION ADVISORY COMMISSION City Clerk A. Kay Vinson provided the staff report. Mayor Seyarto invited the candidates to make a statement. Ann Borel, Murrieta, stated she was one of the applicants not qualified based on the current requirements; however, she had a detailed geological understanding of the area being a fourth generation resident. She discussed her concept of unifying new buildings to old and using materials indigenous to the area. Candidates Susan Brandt and Christopher Campbell were not present. Mayor Seyarto requested staff determine how much latitude Council had in selecting a candidate and complying with State regulations, and report back on October 3, 2006. Action: It was moved by McAllister and seconded by Gibbs to continue the appointment to the meeting of October 3, 2006. AYES: Gibbs, Enochs, McAllister, Ostling and Seyarto NOES: None Council member Gibbs was excused from the meeting at 8:20 p.m. PULLED CONSENT CALENDAR ITEMS 2. MINUTES Gary Bryant, Murrieta, said that State law requires when a council member abstains from voting, they must specifically identify the reasons. He pointed out that on September 5, 2006, Council member McAllister did not provide sufficient explanation for his abstention on item 25, Antelope Road Precise Alignment Study. He requested the minutes be amended to retroactively reflect the reasons Council member McAllister abstained from that item in order to comply with State law. City Attorney John Harper advised the minutes reflect what occurred and if Council member McAllister would like to explain in greater detail what that potential conflict was in this meeting, that explanation would be included in this meeting's minutes. Council member McAllister said he had spoken with the FPPC and, based on that discussion, was advised he did not have to abstain. However, he chose to abstain based on what he perceived to be the appearance of a financial conflict and in light of recent events. He identified the possible conflict as a potential assemblage of land (east of Meadowlark) for which he has solicited property owner agreements. Action: It was moved by McAllister and seconded by Seyarto to approve the Minutes of the 6:30 p.m. Town Hall Special Meeting on August 22, 2006; and the 6:00 p.m. Workshop, 6:45 p.m. Closed Session, and 7:00 p.m. Regular Meeting on September 5, 2006. AYES: McAllister, Ostling and Seyarto NOES: Enochs ABSENT: Gibbs GOVERNING BODY ACTIONS/COMMENTS Enochs: Asked staff to provide a report on the status of road conditions in the city as he has noticed some of the roads are deteriorating. Seyarto: Advised that on September 26, 2006 at 4:00 p.m., Council and the School Board plan a joint session. ADJOURNMENT Action: On a motion by Ostling and seconded by McAllister at 8:30 p.m. the meeting was unanimously adjourned. A. Kay Vinson, MMC City Clerk MURRIETA REDEVELOPMENT AGENCY MINUTES SEPTEMBER 19, 2006 26442 BECKMAN COURT, MURRIETA, CA 7:00 PM REGULAR MEETING CALL TO ORDER: Chair Kelly Seyarto called the Regular Meeting to order at 7:01 p.m. Present were: Enochs, Gibbs, McAllister, Ostling and Seyarto. Absent: None. APPROVAL OF REDEVELOPMENT AGENCY consent calendar items 34 & 35 Action: It was moved by Gibbs and seconded by McAllister to approve Redevelopment Agency consent calendar items 34 and 35. On roll call, the vote was: AYES: Enochs, Gibbs, McAllister, Ostling and Seyarto NOES: None 34. MINUTES Action: Approved the Minutes of the 7:00 p.m. Regular Meeting on September 5, 2006. 35. SUBORDINATE FINANCING AND RESALE CONTROL AGREEMENT Action: Authorized Executive Director to execute Subordinate Financing and Resale Control Agreements with the California Housing Finance Agency for below-market rate mortgage financing for low and moderate income borrowers. ADJOURNMENT Action: On a motion by Ostling and seconded by McAllister at 8:30 p.m. the meeting was unanimously adjourned. A. Kay Vinson, MMC City Clerk MURRIETA FIRE DISTRICT MINUTES SEPTEMBER 19, 2006 26442 BECKMAN COURT, MURRIETA, CA 7:00 PM REGULAR MEETING CALL TO ORDER: President Kelly Seyarto called the Regular Meeting to order at 7:01 p.m. Present were: Enochs, Gibbs, McAllister, Ostling and Seyarto. Absent: None. APPROVAL OF FIRE district consent calendar items 36, 37 & 38 Action: It was moved by Gibbs and seconded by McAllister to approve Fire District consent calendar items 36, 37 and 38. On roll call, the vote was: AYES: Enochs, Gibbs, McAllister, Ostling and Seyarto NOES: None 36. MINUTES Action: Approved the Minutes of the 7:00 p.m. Regular Meeting on September 5, 2006. 37. AMENDMENT TO PERS HEALTH CONTRACT (MURRIETA FIREFIGHTER'S ASSOCIATION) Action: Adopted Resolution FD 06-78 amending the contract between the Murrieta Fire Protection District and the Public Employees Retirement System (PERS) relating to district-paid medical insurance premiums. 38. AWARD OF PURCHASE CONTRACT FOR MOBILE LIGHT/AIR UNIT - CIP #8387 Action: Awarded a contract for the purchase of a mobile Light/Air Unit to California Health and Safety, Inc. in the amount of $77,958. ADJOURNMENT Action: On a motion by Ostling and seconded by McAllister at 8:30 p.m. the meeting was unanimously adjourned. A. Kay Vinson, MMC City Clerk
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