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					MURRIETA CITY COUNCIL MINUTES                                      MAY 4, 2004
26442 BECKMAN COURT                                                6:00 PM CLOSED SESSION
MURRIETA, CA                                                       7:00 PM REGULAR MEETING

CONFERENCE WITH LABOR NEGOTIATORS, ASSISTANT CITY MANAGER LORI MOSS AND
HUMAN RESOURCES MANAGER CHRIS PAXTON, REGARDING THE MURRIETA GENERAL
EMPLOYEES ASSOCIATION AND MURRIETA SUPERVISORS ASSOCIATION (G.C. 54957.6)

CONFERENCE WITH REAL PROPERTY NEGOTIATOR, ASSISTANT CITY MANAGER LORI
MOSS, REGARDING LEASE OF PROPERTY AT MURRIETA TOWN SQUARE, INCLUDING
PRICE AND TERMS OF PAYMENT (G.C. 54956.8)

Action:        By consensus at 6:00 p.m. Council recessed to closed session for the purposes
               stated above with all members present. Closed session adjourned at 6:45 p.m.

CALL TO ORDER: Mayor Jack van Haaster called the regular meeting to order at 7:00 p.m. He
indicated there was no reportable action from closed session.
ROLL CALL: Present:           Enochs, McAllister, Ostling, Seyarto, and van Haaster
           Absent:            None

PLEDGE OF ALLEGIANCE: Temecula Valley Young Marines, under the leadership of
                      Commanding Officer Michael Guiles, conducted the Flag Ceremony
                      and lead the Pledge of Allegiance.

Commanding Officer Michael Guiles announced the 45 members of the Temecula Valley Young
Marines have been invited to Washington, D. C. for dedication of the World War II Memorial and to
assist with cataloging World War II stories in the Library of Congress. He indicated they are
fundraising and need $15,000 more for the trip by May 10 th.

INVOCATION:           Pastor Mike Patton, Oak Springs Community Church

PRESENTATIONS:

          WATER AWARENESS POSTER RECOGNITION

Malea Ortloff, Eastern Municipal Water District, and Mayor Jack van Haaster presented Jeremy
Stebbins, 2nd grader from E. Hale Curran Elementary School, with a trophy in recognition of first
place in the water awareness poster contest.
          PROCLAMATION RECOGNIZING MAY 16-22, 2004 AS NATIONAL PUBLIC WORKS
          WEEK
Mayor van Haaster presented the proclamation to Jim Kinley, Public Works Director.
          PROCLAMATION RECOGNIZING THE ACHIEVEMENT THROUGH TEAMWORK OF THE
          MURRIETA POLICE DEPARTMENT DURING THE 2004 BAKER TO VEGAS
          CHALLENGE CUP RELAY RACE
Mayor van Haaster presented a proclamation to the team composed of Lt. Bob Davenport, Lt. Mike
Baray, Jim Ganley, Jim Gruwell, Mark Reid, and Mike Jacob. Police Chief Wright presented mugs
and t-shirts to the City Council.
APPROVAL OF AGENDA
Action:        The agenda was unanimously approved on a motion by Seyarto and second by
               Enochs.
City of Murrieta Minutes                                                                           May 4, 2004

COMMUNITY REPORT             Kimberlyn Way, Murrieta Valley High School, reported the spring
sports have been successful including track, baseball and swim teams. She shared that the prom is
this weekend at the House of Blues in Downtown Disney with 1000 attending. She conveyed the
play Rumors just concluded, and election of Associated Student Body will be on May 12 and 13. She
communicated that a blood drive was held on April 23 and students will be participating in Relay for
Life on May 22-23 at Thompson Middle School. She announced that graduation is June 11 th and
Pom and Pageantry took top honors recently in San Francisco.

PUBLIC COMMENTS:
Ken Dickson, Murrieta, encouraged the public to attend a great musical performance by the Inland
       Valley Symphony and Valley Master Chorale at St. Catherine’s in Temecula on May 7 and
       9th.
Yolanda Ruiz, Chino Hills, requested adoption of a resolution opposing parole of her daughter’s
       murderer.
Coley McAvoy, Murrieta Repertory Theatre, informed the public of the Mother’s Day luncheon and
       play of Ten Little Indians.
Sara Lee Paull, Murrieta, expressed concern about dry brush near Hayes and electric scooters that
       could result in fires.

DEPARTMENT/COMMISSION ANNOUNCEMENTS:
City Clerk – A. Kay Vinson indicated consent calendar item #14, authorizes advertising for seven
Commission vacancies. She announced applications may be obtained at City Hall or on the City’s
website with the deadline to return applications by May 28 th.

GOVERNING BODY ANNOUNCEMENTS:
Enochs:          Congratulated the Police Department for their first place Baker to Vegas
                       achievement.
Ostling:         Thanked the 20 officers participating in the Baker to Vegas race.
                 Thanked the fire fighters for their assistance with the current nearby fires.

APPROVAL OF CITY COUNCIL CONSENT CALENDAR ITEMS 1-17
Action:          It was moved by McAllister and seconded by Seyarto to approve City Council consent
                 calendar items 1-17. On roll call the vote was:
                 AYES:         *Enochs, McAllister, *Ostling, Seyarto and van Haaster
                 NOES:         *Enochs with respect to payment to vendor #2323 on the register of
                               demands; #5 regarding campaign contribution and voluntary
                               expenditure ceiling, and #11 relative to transfer of reserves for contract
                               traffic engineering services
                               *Ostling on #5 regarding campaign contribution and voluntary
                               expenditure ceiling
                 ABSTAIN:      *Ostling on #6 for parcel map 30833 due to a potential conflict of
                               interest due to property ownership in the area

1.        WAIVED READING OF ALL ORDINANCE INTRODUCTIONS ON THIS AGENDA AND
          READ BY TITLE ONLY
2.        MINUTES
Action:          Approved the minutes of the 6:00 p.m. Closed Session and 7:00 p.m. Regular
                 Meeting on April 20, 2004.


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City of Murrieta Minutes                                                                         May 4, 2004

3.        REGISTER OF DEMANDS
Action:          Approved the register of demands in the amount of $1,741,297.51 through April 20,
                 2004. (Noes: Enochs regarding payment to vendor #2323)
4.        TREASURER'S REPORT
Action:          Received the summary of investment transactions for the month ending March 31,
                 2004.
5.        REVISION TO CAMPAIGN CONTRIBUTIONS AND VOLUNTARY EXPENDITURE LIMITS
Action:          Adopted Ordinance 301-04 Amending Ordinance No. 231-01, Sections 2.05.040A,
                 2.05.040B.1, 2.05.040B.2 and 2.05.050A Relating to Campaign Contribution and
                 Voluntary Expenditure Limits. (Noes: Enochs and Ostling)
6.        RESOLUTION APPROVING FINAL PARCEL MAP 30833, A 4 PARCEL RESIDENTIAL
          SUBDIVISION MAP LOCATED EAST OF ADAMS AVENUE, WEST OF JEFFERSON
          AVENUE, NORTH OF KALMIA STREET AND SOUTH OF LEMON STREET, AND
          ASSOCIATED AGREEMENTS (JASON & ERIN HAYES)
Action:          Adopted Resolution 04-1312 approving Final Parcel Map 30833, a Four-Parcel
                 Residential Subdivision Map and associated agreements. (Abstain: Ostling)
7.        ASSIGNMENT AND ASSUMPTION AGREEMENT/JOINT COMMUNITY FACILITIES
          AGREEMENT - COMMUNITY FACILITIES DISTRICT NO. 2003-1 (MURRIETA SPRINGS)
Action:          Approved the Assumption and Assignment Agreement from Winchester 700 LLC to
                 Len-Murrieta Springs, LLC (Lennar).
8.        I-215 MURRIETA VENTURE OPEN SPACE AREA DETENTION BASIN/PARK LOTS
          EASEMENT AND COOPERATION AGREEMENT (CREEKSIDE VILLAGE)
Action:          Approved the I-215 Murrieta Venture Open Space Area-Detention Basin/Park Lots
                 Easement and Cooperation Agreement for Tract Map 28379 (Creekside Village).
9.        JOINT COMMUNITY FACILITIES DISTRICT AGREEMENT BETWEEN THE CITY OF
          MURRIETA, MURRIETA VALLEY UNIFIED SCHOOL DISTRICT AND VARIOUS
          PROPERTY OWNERS RELATING TO CFD NO. 2003-4 OF THE MURRIETA VALLEY
          UNIFIED SCHOOL DISTRICT
Action:          Approved the Joint Community Facilities Agreement for Murrieta Valley Unified
                 School District CFD No. 2003-4.
10.       GRANT DEED OF EASEMENT, LYING WITHIN A PORTION OF LOT 117 OF TRACT MAP
          22491 AND WESTERLY OF NUTMEG STREET, AND NORTHERLY OF CLINTON KEITH
          ROAD, TO ELSINORE VALLEY MUNICIPAL WATER DISTRICT FOR THE PLACEMENT
          OF A PIPELINE FOR SEWER PURPOSES
Action:          Approved the Grant Deed of Easement.
11.       ALLOCATION OF FUNDS FROM THE GENERAL FUND RESERVES TO PUBLIC
          WORKS/ENGINEERING CONTRACT EMPLOYEES ACCOUNT
Action:          Authorized transfer of $12,100 from the General Fund Reserves to the Public Works
                 Engineering Contract Employees account 001-5200-05030.000. (Noes: Enochs)
12.       NOTICE OF COMPLETION; CITY PROJECT NO. 00-199; ASPHALT OVERLAY


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City of Murrieta Minutes                                                                           May 4, 2004

Action:          Accepted the public improvements to streets throughout the City, directed the City
                 Clerk to record a Notice of Completion and released bonds in accordance with State
                 laws and City Ordinances.
13.       USE OF COMPUTER REPLACEMENT FUNDS
Action:          Approved use of computer replacement funds to purchase one computer for the City
                 Clerk Department at a cost of $1,315.99.
14.       COMMISSION APPOINTMENTS
Action:          Authorized the City Clerk to advertise for applications to fill Commission vacancies
                 expiring June 30, 2004.
15.       GOLD SPONSORSHIP FOR RELAY FOR LIFE - MAY 22 AND 23
Action:          Approved gold sponsorship of the Relay for Life in the amount of $3,000.
16.       VOTING DELEGATE AND ALTERNATE TO LEAGUE OF CALIFORNIA CITIES MEETING
Action:          Designated Mayor Pro Tem Kelly Seyarto as Voting Delegate and Council Member
                 Doug McAllister as Voting Alternate for the League of California Cities special
                 meeting in Sacramento on May 13th at 8:30 a.m. in conjunction with the Local
                 Legislative Action Days.
17.       EXCLUSIVE RIGHT TO NEGOTIATE AGREEMENT WITH FOUR POINTS REAL ESTATE
          DEVELOPMENT, LTD. FOR A PERIOD OF 180 DAYS FOR POTENTIAL LEASE OF THE
          CITY YARD AT JUNIPER STREET AND ADAMS AVENUE
Action:          Approved the Exclusive Right to Negotiate Agreement with Four Points Real Estate
                 Development, LTD. for a period of 180 days for potential lease of the City Yard at
                 Juniper Street and Adams Avenue.
18.       PUBLIC HEARING - RESOLUTION CHANGING FORMATION OF COMMUNITY
          FACILITIES DISTRICT NO. 2000-2
City Attorney John Harper gave the staff report and presented the Community Facilities District
report. Mayor van Haaster opened the public hearing. There were no comments, so the hearing
was closed. City Clerk A. Kay Vinson announced receipt of a Request to Change City of Murrieta
Community Facilities District No. 2000-2 (The Oaks) and Consent and Waiver with Respect to
Certain Related Matters signed by Jason Perrin, Greystone Homes, Inc. on behalf of PCC III-Oak
Communities, LLC for Area A and Jason Perrin, Greystone Homes, Inc. on behalf of Temecula
Valley LLC for Area B.
Ms. Vinson noted receipt of an official ballot for improvement area A, reflecting 251 yes votes by
Jason Perrin, Greystone Homes, Inc. on behalf of PCC III-Oak Communities, LLC. Also received
was an official ballot for improvement area B, reflecting 32 yes votes by Jason Perrin, Greystone
Homes, Inc. on behalf of Temecula Valley LLC. Both ballots represent 100% of the property owners.
Action:          Council Member Seyarto moved and McAllister seconded to:
                 a)      Adopt Resolution 04-1313 of Change, Revising the Rate and Method of
                         Apportionment of an Existing Community Facilities District and Annexing
                         Additional Territory and Authorizing the Levy of Special Taxes and Issuance of
                         Bonds Pursuant to the Mello-Roos Community Facilities Act of 1982; and
                 b)      Approve Joint Community Facilities construction agreements with Eastern
                         Municipal Water District and Murrieta Valley Unified School District and
                         authorize the City Manager and City Clerk to sign the agreements.
                 On roll call the vote was:

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City of Murrieta Minutes                                                                         May 4, 2004

                 AYES:         Enochs, McAllister, Ostling, Seyarto and van Haaster
                 NOES:         None
19.       PUBLIC HEARING - ROADWAY IMPROVEMENTS AROUND MURRIETA VALLEY HIGH
          SCHOOL (MVHS) AND MITIGATED NEGATIVE DECLARATION
Mike Kenney, Traffic Engineer, presented proposed roadway improvements, to address traffic
issues around Murrieta Valley High School. Council Members asked staff questions including using
safe routes to school monies for partial funding and priority for implementing improvements.
Action:          By consensus Council recessed at 8:50 p.m. and reconvened at 9:02 p.m.
Kenneth Dickson, School Board Member, expressed appreciation to the City Council for their efforts.
He said he anticipates a staff recommendation supporting most of the City’s recommendations
including right-of-way for drop-off/pick-up, contra-flow bike lanes, open school gate and evaluation of
crossing guard for the cross walk; but he does not anticipate approval of a split-bell schedule for the
high school. Mr. Dickson also responded that the District will review issuance of parking permits for
students within close proximity.
Mayor van Haaster opened the public hearing.
Speaking in favor of the road closure of Hayes at Nighthawk with a video presentation were:
Debbie Sitts, Murrieta                              Tim Mauzy, Murrieta
Anna May, Murrieta                                  Scott Simon, Murrieta
Audrey Mauzy, Murrieta

Also requesting closure of Hayes at Nighthawk were:
Lynell Nash, Murrieta                             Ed Maxin, Murrieta

A video presentation was displayed, supporting closure of Hayes at Nighthawk by:
Ed Faunce, Murrieta                                Sandra Cemore, Murrieta
Pattie Kupperman, Murrieta                         Cathy Chuck, Murrieta
Petra Schafer, Murrieta

Not speaking, but in favor of closure of Hayes Avenue were:
Heidi Orr, Murrieta                                Jeffrey Orr, Murrieta
Debbie Grady, Murrieta                             Nancy Mammana, Murrieta
Frank Mammana, Murrieta

Additional speakers in favor of closure of Hayes Avenue were:
Carl Schafer, Murrieta                              Heidi Rodosta, Murrieta
Dave Woelfer, Murrieta                              Tasha Taylor, Murrieta

Loris Dow, Murrieta, asked for retention of parking signs on Oregon Trail. Not speaking but in favor
of retaining the signs were: Rose Mary Dow, Janet Santos, Shirley Bejinez and Gilbert Santos.

Also speaking were:
Donna Robbins, Murrieta, discussed problems with the ramp, Nighthawk Way, Fullerton, and the
       crosswalk on Douglas.
Chris Spencer, Murrieta, proposed purchase of the airport at the end of Nighthawk for parking and
       sports fields.
Mark Jones, Murrieta commented about bicycle safety not being taken into consideration.
Donald Vierstra, Murrieta, suggested moving the curb back substantially more than eight feet
       and include a barricade.
Jim Pyle, Murrieta, urged doing a design study of the existing parking lot, discussed the dirt road and
       no sewer on Douglas; and he inquired about a future preschool.
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City of Murrieta Minutes                                                                          May 4, 2004

Lori Edwards, Murrieta, supported closure of Hayes at Nighthawk and objected to comparison of a
       commercial street in a residential neighborhood.
Correpondence was received from Marianne Monfils, Murrieta in support of no changes to existing
       conditions.
The public hearing was closed.
Action:          A motion was made by Seyarto and seconded by Enochs to approve the following
                 roadway improvements to reduce delay and congestion in the area around Murrieta
                 Valley High School and fund as appropriate including reserves and developer fees:
                 a)      Adopt a Mitigated Negative Declaration;
                 b)      Construct an 800' long recessed curb pick up and drop off area along the west
                         side of Washington Avenue;
                 c)      Preserve the necessary right-of-way for a 200' long recessed curb pick up and
                         drop off area along the east side of Washington Avenue;
                 d)      Construct a contra-flow bike lane along the north side of Nighthawk Way
                         between Hayes Avenue and Washington Street, restriping the street to allow
                         for parking along the south side of Nighthawk Way and a right turn pocket at
                         the intersection of Nighthawk Way and Washington Avenue;
                 e)      Construct a traffic signal at the intersection of Fullerton Road and Washington
                         Avenue;
                 f)      Pave the remaining portion of Douglas Drive between Fullerton Road and
                         Vineyard Parkway;
                 g)      Keep the right turn restrictions on Hayes Avenue and Willow Glen and keep
                         the "No Parking" signs on Hayes Avenue and Dusty Trails; and
                 h)      Request the school district implement a split bell schedule for MVHS.
                 On roll call the vote was:
                 AYES:            Enochs, McAllister, Ostling, Seyarto and van Haaster
                 NOES:            None

Action:          Council Member Enochs moved and Ostling seconded to authorize closure of Hayes
                 Avenue at Nighthawk and direct staff to return with alternatives for a gate allowing
                 emergency access. On roll call the vote was:
                 AYES:        Enochs, McAllister and Ostling
                 NOES:        Seyarto and van Haaster

Action:          By consensus Council recessed at 11:20 p.m. and reconvened at 11:24 p.m.
20.       PUBLIC HEARING - RE-HEARING OF THE APPEAL OF THE PLANNING
          COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT FOR THE EWLES
          RECYCLING FACILITY (CUP 02-182)
Jim Mackenzie, Planning Manager, discussed the staff report. Mayor van Haaster opened the public
hearing.
Phil Oberhansley, on behalf of Ewles Recycling, reaffirmed the applicant has offered to mitigate all
       concerns. However it is not possible to enclose the rock crushing equipment in a building,
       and they requested hours of operation to be from 7:00 a.m. to 10:00 p.m.
Howard Omdahl, Valley Center, said they adjoin the project to the north, and their project will
       mitigate impacts from the Recycling Center. He said the project is a needed service.
Although not present, Don Brandt, Murrieta, opposed the conditional use permit.
The public hearing was closed.
Action:          McAllister moved and Seyarto seconded to approve the conditional use permit for
                 Ewles Recycling with the conditions as presented by staff but with elimination of the
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City of Murrieta Minutes                                                                          May 4, 2004

                 condition to enclose the rock crushing equipment in a building and to extend hours of
                 operation from 7:00 a.m. to 10:00 p.m. Monday through Saturday. The motion was
                 amended to include adoption of a mitigated negative declaration. On roll call the vote
                 was:
                 AYES:          McAllister, Seyarto and van Haaster
                 NOES:          Enochs and Ostling
21.       PUBLIC HEARING - ORDINANCE AMENDING CHAPTER 5.20 TITLE 5 OF THE
          MURRIETA MUNICIPAL CODE RELATING TO SOLICITATIONS IN GENERAL AND
          ADDING CHAPTER 5.25 TITLE 5 OF THE MURRIETA MUNICIPAL CODE RELATING TO
          CHARITABLE SOLICITATIONS
Finance Director Teri Ferro summarized the staff report. Mayor van Haaster opened the public
hearing. There were no comments, so the hearing was closed.
Action:          On a motion by Seyarto and second by McAllister an Ordinance was introduced
                 amending the Solicitation in General and adding Charitable Solicitations provisions of
                 the Municipal Code. On roll call the vote was:
                 AYES:          Enochs, McAllister, Ostling, Seyarto and van Haaster
                 NOES:          None

GOVERNING BODY ACTIONS/COMMENTS
McAllister:      Shared that he and Mayor Pro Tem Seyarto will be attending Legislative Action days
                       in Sacramento on May 12 and 13.
Seyarto:         Sought and obtained consensus to place a resolution on a future agenda to oppose
                       parole of a murderer to a relative in Murrieta.

ADJOURNMENT

Action:          At 12:02 a.m. on May 5, 2004 the meeting was unanimously adjourned on a motion
                 by Seyarto and second by McAllister.


                                                              _____________________________
                                                              A. Kay Vinson, MMC




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MURRIETA REDEVELOPMENT AGENCY MINUTES                             MAY 4, 2004
26442 BECKMAN CT., MURRIETA, CA                                   7:00 PM REGULAR MEETING

Chair van Haaster called the regular meeting to order at 7:00 p.m. Present were: Enochs, McAllister,
Ostling, Seyarto and van Haaster. Absent: None.

APPROVAL OF REDEVELOPMENT AGENCY CONSENT CALENDAR ITEMS 22 & 23
Action:        It was moved by McAllister and seconded by Seyarto to approve Redevelopment
               Agency consent calendar items 22 and 23. On roll call the vote was:
               AYES:         Enochs, McAllister, Ostling, Seyarto and van Haaster
               NOES:         None
22.       MINUTES
Action:        Approved the minutes of the 7:00 p.m. Regular Meeting on April 20, 2004.
23.       REGISTER OF DEMANDS
Action:        Approved the register of demands in the amount of $52,706.10 through April 20,
               2004.
ADJOURNMENT

Action:        At 12:02 a.m. on May 5, 2004 the meeting was unanimously adjourned on a motion
               by Seyarto and second by McAllister.


                                                           _____________________________
                                                           A. Kay Vinson, MMC
MURRIETA COMMUNITY SERVICES DISTRICT MINUTES                     MAY 4, 2004
26442 BECKMAN CT., MURRIETA, CA                                  7:00 PM REGULAR MEETING

President van Haaster called the regular meeting to order at 7:00 p.m. Present were: Enochs,
McAllister, Ostling, Seyarto and van Haaster. Absent: None.
APPROVAL OF COMMUNITY SERVICES DISTRICT CONSENT CALENDAR ITEMS 24 & 25
Action:        It was moved by McAllister and seconded by Seyarto to approve Community Services
               District consent calendar items 24 and 25. On roll call the vote was:
               AYES:          Enochs, McAllister, Ostling, Seyarto and van Haaster
               NOES:          None
24.       MINUTES
Action:        Approved the minutes of the 7:00 p.m. Regular Meeting on April 20, 2004.
25.       REGISTER OF DEMANDS
Action:        Approved the register of demands in the amount of $183,363.56 through April 20,
               2004.
ADJOURNMENT

Action:        At 12:02 a.m. on May 5, 2004 the meeting was unanimously adjourned on a motion
               by Seyarto and second by McAllister.


                                                   _____________________________
                                                   A. Kay Vinson, MMC
MURRIETA FIRE DISTRICT MINUTES                                   MAY 4, 2004
26442 BECKMAN CT., MURRIETA, CA                                  7:00 PM REGULAR MEETING

President van Haaster called the regular meeting to order at 7:00 p.m. Present were: Enochs,
McAllister, Ostling, Seyarto and van Haaster. Absent: None.

APPROVAL OF FIRE DISTRICT CONSENT CALENDAR ITEMS 26 & 27
Action:        It was moved by McAllister and seconded by Seyarto to approve Fire District consent
               calendar items 26 and 27. On roll call the vote was:
               AYES:         Enochs, McAllister, Ostling, Seyarto and van Haaster
               NOES:         None
26.       MINUTES
Action:        Approved the minutes of the 7:00 p.m. Regular Meeting on April 20, 2004.
27.       REGISTER OF DEMANDS
Action:        Approved the register of demands in the amount of $155,928.87 through April 20,
               2004.
ADJOURNMENT

Action:        At 12:02 a.m. on May 5, 2004 the meeting was unanimously adjourned on a motion
               by Seyarto and second by McAllister.

                                                          _____________________________
                                                          A. Kay Vinson, MMC

				
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