CITY OF MURRIETA
1 TOWN SQUARE
MURRIETA, CA
June 20, 2023
4:00 PM CLOSED SESSION
6:00 PM REGULAR MEETING
The City of Murrieta intends to comply with the Americans with Disabilities Act (ADA). Persons with special needs should call the City Clerk’s department at (951) 461-6031 or email at [email protected] at least 72 hours in advance.
Any presentation requiring the use of the City of Murrieta’s equipment must be submitted to the City Clerk’s department 24 hours prior to the scheduled City Council meeting at City Hall located at 1 Town Square, Murrieta, CA; via email at [email protected] or call (951) 461- 6031. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at City Hall located at 1 Town Square, Murrieta, CA during normal business hours.
Lisa DeForest
Mayor
Lori Stone Cindy Warren Mayor Pro Tem Council Member
Jon Levell Ron Holliday Council Member Council Member
Kim Summers, City Manager
Tiffany Israel, City Attorney
Cristal McDonald, City Clerk
MURRIETA CITY COUNCIL (CC)
MURRIETA COMMUNITY SERVICES DISTRICT (CSD)
MURRIETA FIRE DISTRICT (FD)
MURRIETA LIBRARY BOARD (LB)
MURRIETA REDEVELOPMENT SUCCESSOR AGENCY (RSA)
MURRIETA HOUSING AUTHORITY (HA)
MURRIETA FINANCING AUTHORITY (FA)
YOU MAY VIEW THE MEETING LIVESTREAMED VIA THE CITY’S WEBSITE AT http://onbase.murrietaca.gov/onbaseagendaonline
4:00 PM CLOSED SESSION
CALL TO ORDER
ROLL CALL
PUBLIC COMMENTS - CLOSED SESSION ITEMS ONLY
ANNOUNCEMENTS OF CLOSED SESSION ITEMS
City of Murrieta June 20, 2023 2 CLOSED SESSION
CS1. Conference with Labor Negotiator
The City Council will conduct a closed session, pursuant to Government Code section 54957.6, with the City Manager, the City Attorney, and the City's negotiators, regarding labor negotiations with (1) the Murrieta Police Officers Association, representing the City's Police Officers, Corporals, Detectives, and Sergeants; (2) the Murrieta Police Management Association, representing the City’s Police Lieutenants, and Captains; (3) the Murrieta Firefighters Association, representing the City’s Fire Engineers, Captains, and Firefighters; and (4) the Murrieta Fire Management Association, representing the City’s Fire Battalion Chiefs.
CS2. Conference with Legal Counsel – Anticipated Litigation The City Council will conduct a closed session, pursuant to Government Code sections 54956.9(d)(2) and (d)(3), because there is a significant exposure to litigation in two cases.
CS3. Public Employee Performance Evaluation and Compensation The City Council will hold a closed session with the City's personnel officer, the City Manager, pursuant to Government Code Sections 54957 and 54957.6(a), to conduct an employee performance evaluation of the city manager and to discuss the salary, compensation and fringe benefits provided to the City Manager.
RECESS TO CLOSED SESSION
6:00 PM REGULAR MEETING
CALL TO ORDER
ANNOUNCEMENT OF CLOSED SESSION ACTION
ROLL CALL
PLEDGE OF ALLEGIANCE
INVOCATION
APPROVAL OF AGENDA
DEPARTMENT/COMMISSION ANNOUNCEMENTS
City Manager - Administrative Update
GOVERNING BODY COMMISSION/COMMITTEE/BOARD (CCB) REPORTS City of Murrieta June 20, 2023 3 Governing Body CCB Reports is the opportunity for the City Council to provide a brief report on conferences, seminars, and Commission, Committees, and/or Boards meeting attendance. Reports shall not exceed three minutes. The City Clerk will use the computerized timer.
GBR Presentation-Warren, Cindy
PUBLIC COMMENTS (NON-AGENDA)
At this time any person may address the governing bodies on any subject pertaining to City business, which does not relate to any item listed on the printed agenda. Normally no action may be considered or taken by the governing bodies on any matter not listed on the agenda. Each speaker will be limited to three minutes on any single item.
CONSENT CALENDAR - APPROVAL OF ITEMS 1 –21
(All matters listed on the Consent Calendar are to be considered routine by the governing bodies, and will be enacted by one motion in the form listed. There will be no discussion of these items unless, before the governing body votes on the motion to adopt, specific items are removed from the Consent Calendar for separate motions.)
1. Waive Reading of All Ordinance Adoptions on the Agenda and Read by Title Only (CC) Recommended Action: Waive reading, by title only, of all Ordinances and Resolutions.
Said Ordinances and Resolutions which appear on the public agenda shall be determined to have been read by title and further reading waived.
2. Minutes (CC)
Recommended Action: Adopt the January 20, 2023, Special Workshop and June 6, 2023, Regular Meeting minutes.
3. Monthly Investment Transaction Report for April 2023 (CC) Recommended Action: Receive and file the Monthly Investment Transaction Report April 2023.
4. Amendment of Murrieta Municipal Code to Add Power and Duty of City Manager to Settle Certain Claims (CC)
Recommended Action: Introduce and conduct the first reading of Ordinance No. 592- 23 entitled: Amending Section 2.08.060 of the Murrieta Municipal Code to Add a Power and Duty of the City Manager to Authorize the Settlement of Certain Claims by the City.
5. Renewal of Agreement with Blumira for Cyber Security Software (CC) Recommended Action:
1) Authorize exemption from current bidding requirements; 2) Approve an Agreement with Blumira for cyber security software and monitoring for a not-to-exceed amount of $270,150;
City of Murrieta June 20, 2023 4 3) Authorize the City Manager to execute the Agreement with Blumira and all other future documents and amendments related to this agreement; and 4) Establish an appropriation in the Fiscal Year 2023/24 and 2024/25 Information Technology Operating Budget.
6. Ultimate Kronos Group Telestaff Renewal (CC)
Recommended Action:
1) Authorize exemption from current bidding requirements; 2) Approve the renewal of the Telestaff software for the Fire Department under the previously approved 2016 agreement with Ultimate Kronos Group in an amount not-to-exceed $4,077.55 for Fiscal Year 2023/24;
3) Authorize the City Manager to execute the necessary documents with Ultimate Kronos Group; and
4) Amend the Fiscal Year 2023/24 Operating Budget.
7. Cal Oaks Sports Park Pool Reconstruction Preliminary Architectural Design Services Agreement (CC)
Recommended Action:
1) Approve and authorize the City Manager to execute the Agreement for Preliminary Architectural Design Services for the Cal Oaks Sports Park Pool Reconstruction with RJM Design Group, Inc., in the amount of $245,340; and 2) Establish Capital Improvement Plan 22025 for the California Oaks Sports Park Pool and create the corresponding budget.
8. Agreement for Housing General Consulting Services between the Murrieta Housing Authority and RSG, Inc. (CC)
Recommended Action:
1) Approve an Agreement with RSG, Inc. for Affordable Housing Compliance Monitoring, Annual Reporting, Housing Program Administration, and On-Call Housing Consultant Services;
2) Authorize the Executive Director of the Housing Authority to execute the Agreement;
3) Establish an additional appropriation in an amount not to exceed $276,690 for the Fiscal Year 2023/24, Fiscal Year 2024/25, and Fiscal Year 2025/26 (with an approved extension) in the Housing Authority operating budget as described in the fiscal impact section below; and
4) Find that the proposed action is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15378 for the reasons specified in this report.
9. Agreement for Housing Element Update Consultant Services with Kimley-Horn and Associates, Inc. (CC)
Recommended Action:
1) Approve an Agreement with Kimley-Horn and Associates, Inc. to complete the City’s Housing Element Update, in the amount not-to-exceed $15,000; City of Murrieta June 20, 2023 5 2) Authorize the City Manager to execute the agreement; and 3) Amend the FY 2023/24 Operating Budget to appropriate $5,000.
10. Development Code Amendment (DCA 2021-2415) Second Reading of Ordinance No. 591-23 to Provide a Multi-Family Residential Zone of 18-29 Dwelling Units Per Acre Related to Sections 16.06 and 16.08 (CC)
Recommended Action: Conduct the second reading by title only and with further reading waived, adopt Ordinance No. 591-23 entitled: An Ordinance of the City Council of the City of Murrieta, California, Amending Title 16 of the Murrieta Municipal Code to Revise the CIty's Development Code (DCA 2021-2415), to Provide a Multi-Family Residential Zone of 18-29 Dwelling Units Per Acre Related to Sections 16.06 and
16.08. 11. Fiscal Year 2023/24 Tax Rates for the Community Facilities Districts (CC) Recommended Action: dopt the following Resolutions:
1) Resolution No. 23-4675 entitled: A Resolution of the City Council of the City of Murrieta, California, Determining and Levying the Special Tax in Community Facilities District No. 2000-1 (Greer Ranch) for Fiscal Year 2023/24; 2) Resolution No. 23-4676 entitled: A Resolution of the City Council of the City of Murrieta, California, Determining and Levying the Special Tax in Community Facilities District No. 2000-2 (The Oaks) for Fiscal Year 2023/24; 3) Resolution No. 23-4677 entitled: A Resolution of the City Council of the City of Murrieta, California, Determining and Levying the Special Tax in Community Facilities District No. 2001-1 (Bluestone Communities/Murrieta Highlands) for Fiscal Year 2023/24;
4) Resolution No. 23-4678 entitled: A Resolution of the City Council of the City of Murrieta, California, Determining And Levying The Special Tax In Community Facilities District No. 2003-1 (Murrieta Springs) For Fiscal Year 2023/24; 5) Resolution No. 23-4679 entitled: A Resolution of the City Council of the City of Murrieta, California, Determining and Levying the Special Tax In Community Facilities District No. 2003-2 (Blackmore Ranch) for Fiscal Year 2023/24; 6) Resolution No. 23-4680 entitled: A Resolution of the City Council of the City of Murrieta, California, Determining and Levying the Special Tax in Community Facilities District No. 2003-3 (Creekside Village) for Fiscal Year 2023/24; 7) Resolution No. 23-4681 entitled: A Resolution of the City Council of the City of Murrieta, California, Determining and Levying the Special Tax in Community Facilities District No. 2003-4 (Bluestone Communities II/Mapleton) for Fiscal Year 2023/24;
8) Resolution No. 23-4682 entitled: A Resolution of the City Council of the City of Murrieta, California, Determining and Levying the Special Tax in Community Facilities District No. 2004-1 (Bremerton) for Fiscal Year 2023/24; 9) Resolution No. 23-4683 entitled: A Resolution of the City Council of the City of Murrieta, California, Determining and Levying the Special Tax in Community Facilities District No. 2004-2 (Murrieta Fields) for Fiscal Year 2023/24; 10) Resolution No. 23-4684 entitled: A Resolution of the City Council of the City of Murrieta, California, Determining and Levying the Special Taxes in Community City of Murrieta June 20, 2023 6 Facilities District No. 2004-3 (Meadowlane/Amberwalk I & II) for Fiscal Year 2023/24;
11) Resolution No. 23-4685 entitled: A Resolution of the City Council of the City of Murrieta, California, Determining and Levying the Special Tax in Community Facilities District No. 2005-1 (Springbrook) for Fiscal Year 2023/24; 12) Resolution No. 23-4686 entitled: A Resolution of the City Council of the City of Murrieta, California, Determining and Levying the Special Tax in Community Facilities District No. 2005-5 IA A (Golden City) for Fiscal Year 2023/24; and 13) Resolution No. 23-4687 entitled: A Resolution of the City Council of the City of Murrieta, California, Determining and Levying the Special Tax in Community Facilities District No. 2005-5 IA B (Golden City) for Fiscal Year 2023/24.
12. American Security Group Budget Appropriation (CC)
Recommended Action: Request a budget appropriation of $40,927.40 to account number 4030030-71030 for purchasing and installing additional security cameras at the Police Department.
13. Notice of Completion for the City of Murrieta Police Department Community Room and Detective Bureau Reconfiguration Project, CIP 21021 (CC) Recommended Action:
1) Accept the improvements for the City of Murrieta Police Department Community Room and Detective Bureau Reconfiguration Project, Capital Improvement Plan No. 21021, as complete;
2) Direct the City Clerk to record a Notice of Completion and release bonds in accordance with State law and City ordinances; and
3) Request an additional appropriation of $6,668.79 from Measure T for project overruns in Capital Improvement Plan No. 21021.
14. Acceptance of Public Improvements in Tract Map 31467 (CC) Recommended Action:
1) Accept the Public Improvements in Tract Map 31467 located north of Lemon Street, east of Fullerton Road, fronting on Washington Avenue; and 2) Direct the Department of Public Works to perform continued maintenance on the aforementioned public improvements in conformity with the City of Murrieta’s maintenance standard.
15. Amendment No. 1 to Madison Avenue Improvement Project Agreement with Rick Engineering Company (CC)
Recommended Action:
1) Approve Amendment No. 1 to the Madison Avenue Improvement Project from Guava Street to Elm Street, CIP 8357 design Agreement with Rick Engineering Company for additional engineering services in the amount of $435,470 and extend the term of the Agreement to June 30, 2027; and
2) Authorize the Mayor to execute the agreement.
City of Murrieta June 20, 2023 7 16. Construction Contract for 2020/21 and 2021/22 Pedestrian Safety Enhancement Projects, CIP Nos. 13040 and 13045 (CC)
Recommended Action:
1) Award a Construction Contract for the 2020/21 Pedestrian Safety Enhancement Project, Capital Improvement Plan No. 13040; and the 2021/22 Pedestrian Safety Enhancement Project, Capital Improvement Plan No. 13045 to the lowest responsible bidder, LC Paving & Sealing, Inc., in the amount of $681,105, plus fifteen percent (15%) contingency;
2) Authorize the City Engineer to approve Contract Change Orders not to exceed fifteen percent (15%) of the Contract amount;
3) Authorize and direct the Mayor to execute the Contract on behalf of the City; and 4) Establish an appropriation of $55,000 of the 2022/23 CDBG Funds to CIP 13045 and amend the Fiscal Year 2022/23 Capital Improvement Plan budget.
17. Miscellaneous On-Call Consulting Services (CC)
Recommended Action:
1) Authorize Agreements for miscellaneous on-call consulting services with Alhambra Group; Anser Advisory Management, LLC dba Anser Advisory (Project Management); Anser Advisory Management, LLC dba Anser Advisory (Construction Inspection); Architerra Design Group, Inc.; Bureau Veritas North America, Inc.; Cumming Management Group, Inc.; Dudek; Engineering Resources of Southern California, Inc.; Epic Land Solutions, Inc.; Geocon West, Inc.; GeoSoils, Inc.; HELIX Environmental Planning, Inc.; HR Green Pacific, Inc.; Laurie Levine; Leighton Consulting, Inc.; LG2WB, Inc. dba Linscott, Law & Greenspan, Engineers; LSA Associates, Inc; Michael Baker International, Inc. (Civil Services); Michael Baker International, Inc. (Engineering Plan Check Services); Monument; NV5, Inc.; Onward Engineering; Overland, Pacific & Cutler, LLC; Psomas; Rick Engineering Company (Traffic Engineering); Rick Engineering Company (Landscape Architecture); Rick Engineering Company (Civil Engineering); RMA Group; SB&O, Inc.; STC Traffic, Inc.; STK Architecture, Inc.; SVA Architects, Inc.; TKE Engineering, Inc.; TR Design Group, Inc.; and UltraSystems Environmental Inc;
2) Authorize and direct the Mayor to execute the Agreements on behalf of the City; and
3) Authorize the City Manager to execute individual purchase orders from various CIP accounts, operating budgets, developer deposits, and development fees not- to-exceed the City Manager’s current signing authority per purchase order for the purpose of providing funds for the services provided by the Consultants.
City of Murrieta June 20, 2023 8 18. On-Call Traffic Engineering Services (CC)
Recommended Action:
1) Approve a purchase order with Rick Engineering Company for on-call traffic engineering consulting services for Fiscal Year 2023/24, for an amount not to exceed $130,750 from Engineering General Fund;
2) Approve a purchase order with Rick Engineering Company for on-call traffic engineering consultant services for Fiscal Year 2023/24, for an amount not to exceed $215,500 with $66,650 from Capital Improvement Plan project No. 13049, $66,650 from Capital Improvement Plan project No. 13053, $66,650 from Capital Improvement Plan project No. 13050, and $15,550 from Capital Improvement Plan project 13054;
3) Authorize and direct the City Manager to execute the purchase orders on behalf of the City;
4) Establish appropriation and create Capital Improvement Plan projects for $215,500 as reflected under Table A; and
5) Establish additional appropriation in the Fiscal Year 2023/24 Operating Budget for $5,750 Supplemental Staffing Traffic Engineering Services as reflected under Table A.
19. Approval of Purchase Orders for On-Call National Pollutant Discharge Elimination System and Land Development Entitlement Review Engineering Services (CC) Recommended Action:
1) Approve a purchase order with Michael Baker International for on-call National Pollutant Discharge Elimination System engineering consulting services for Fiscal Year 2023/24 for an amount not-to-exceed $213,200 from Engineering General Fund;
2) Approve a purchase order with Michael Baker International for on-call Land Development Review engineering consultant services for Fiscal Year 2023/24 for an amount not-to-exceed $197,600 from Engineering General Fund; 3) Authorize and direct the City Manager to execute the purchase orders on behalf of the City; and
4) Amend the Operating Budget for Fiscal Year 2023/24.
20. Summary Vacation of a Portion of Lot 191 of Map Book 8/359 (CC) Recommended Action: Adopt Resolution No. 23-4688 entitled: A Resolution of the City Council of the City of Murrieta, California, Approving Summary Vacation of A Portion of Date Street Within A Portion of Lot 191 of Map Book 8 Page 359.
21. Transportation Uniform Mitigation Fee Agreement for the Murrieta Hot Springs Road Improvement Project, CIP 8079 (CC)
Recommended Action:
1) Approve the Transportation Uniform Mitigation Fee Agreement with Western Riverside Council of Governments for reimbursement of $2,700,000 for the Murrieta Hot Springs Road Improvement Project, CIP 8079; 2) Authorize the Mayor to execute the agreement; and
3) Appropriate the $2,700,000 of Transportation Uniform Mitigation Fee funding into CIP No. 8079.
City of Murrieta June 20, 2023 9 PULLED CONSENT CALENDAR ITEMS
PUBLIC HEARINGS
22. Appeal of Planning Commission Decision to approve the revised project site plan and reject the requested hours of operation Substantial Conformance 2023-00002 (CC) Recommended Action: On March 22, 2023 the Planning Commission denied the Applicant’s request to modify proposed hours of operation for a convenience store with fueling pumps to operate 24 hours per day, seven days per week (24/7). The City Council may take either of the following actions: 1) Uphold the Commission’s decision 2) Set aside the Planning Commission’s decision and approve the Applicant’s request to operate 24/7 approving the appeal of Substantial Conformance 2023-00001.
Accordingly, the City Council should do the following:
1) Open the public hearing and receive testimony; and either 2) Adopt Resolution No. 23-4689 entitled: A Resolution of the City Council of the City of Murrieta Denying the Appeal and Upholding Substantial Conformance 2023- 00001, Relating to the Proposal to Construct and Operate A 5,804 Square Foot Convenience Store and Fuel Station Subject to the Conditions of Approval in Exhibit B (APN’S: 392-270-057, 392-270-058);
OR
3) Adopt Resolution No. 23-4693 entitled: A Resolution of the City Council of the City of Murrieta Approving the Appeal and Granting Substantial Conformance 2023- 00001, Relating to the Proposal to Construct and Operate A 5,804 Square Foot Convenience Store and Fuel Station Subject to the Conditions of Approval in Exhibit A (Apn’s: 392-270-057, 392-270-058) and Finding that the Project is Exempt from CEQA.
Staff recommends the City Council approve the Applicant’s (Chris Salem) request for the project to operate 24 hours per day, 7 days per week, without the Planning Commission’s imposition of a condition of approval limiting hours of operation with the approval of Substantial Conformance 2023-00001.
PH 22-Presentation
23. Fiscal Year 2023/24 Fire Suppression Assessment (FD) Recommended Action:
1) Adopt Resolution No. MFD 23-220, entitled: A Resolution of the Board of Directors of the Murrieta Fire District Levying the Fiscal Year 2023/24 Fire Suppression Assessment Fee and Standby or Availability Charge; and
2) Authorize the General Manager to execute the associated Proposition 218 Compliance Letter.
City of Murrieta June 20, 2023 10 24. Adoption of the Fiscal Year 2023/24 Murrieta Fire District Operating Budget (FD) Recommended Action:
1) Conduct a Public Hearing; and
2) Adopt Resolution No. MFD 23-219 entitled: A Resolution of the Board of Directors of the Murrieta Fire District Approving the Fiscal Year 2023/24 Fire District Operating Budget.
Item 24-Presentation
25. Levy of Annual Assessments – Murrieta Community Services District (CC)(CSD) Recommended Action:
1) Conduct the public hearing; and
2) Adopt Resolution No. CSD 23-277 entitled: A Resolution of the Board of Directors of the Community Services District of the City of Murrieta, California, (1) Amending and/or Approving the Engineer’s Annual Levy Report for the Levy and Collection of Rates and Charges within the Murrieta Community Services District for Fiscal Year 2023/24, and (2) Ordering the Levy and Collection of Rates and Charges within the Murrieta Community Services District for Fiscal Year 2023/24; 3) Direct the Board Secretary to file the levy with the County Auditor upon adoption.
26. Levy of Annual Assessments - Consolidated Landscaping and Lighting District (CC) Recommended Action:
1) Conduct the public hearing;
2) Adopt Resolution No. 23-4690 entitled: A Resolution of the City Council of the City of Murrieta, California, Confirming Assessments and Providing for Annual Assessment Levy for Fiscal Year 2023/24 in the Murrieta Consolidated Landscaping and Lighting District; and
3) Direct the City Clerk to file the assessment roll with the County Auditor.
DISCUSSION
27. Approving a Tentative Agreement for a Successor Memorandum of Understanding Between the City of Murrieta and the Murrieta Firefighters Association (CC) Recommended Action: Adopt Resolution No. 23-4691, entitled: A Resolution of the City Council of the City of Murrieta, California, Approving a Tentative Agreement for a Successor Memorandum of Understanding between the City of Murrieta and the Murrieta Firefighters Association.
28. Approving a Tentative Agreement for a Successor Memorandum of Understanding Between the City of Murrieta and the Murrieta Fire Management Association (CC) Recommended Action: Adopt Resolution No. 23-4692, entitled: A Resolution of the City Council of the City of Murrieta, California, Approving a Tentative Agreement for a Successor Memorandum of Understanding Between the City of Murrieta and the Murrieta Fire Management Association.
City of Murrieta June 20, 2023 11 29. Approving a Tentative Agreement for a Successor Memorandum of Understanding between the City of Murrieta and the Murrieta Police Officers Association (CC) Recommended Action: Adopt Resolution No. 23-4673, entitled: A Resolution of the City Council of the City of Murrieta, California, Approving a Tentative Agreement for a Successor Memorandum of Understanding between the City of Murrieta and the Murrieta Police Officers Association.
30. Approving a Tentative Agreement for a Successor Memorandum of Understanding Between the City of Murrieta and the Murrieta Police Management Association (CC) Recommended Action: Adopt Resolution No. 23-4674, entitled: A Resolution of the City Council of the City of Murrieta, California, Approving a Tentative Agreement for a Successor Memorandum of Understanding Between the City of Murrieta and the Murrieta Police Management Association.
2023 Labor Negotiations-06.20.23
31. Amendment to the Comprehensive Salary Schedule FY 2023/24 (CC) Recommended Action: Adopt Resolution No. 23-4672, entitled: A Resolution of the City Council of the City of Murrieta, California, Establishing the Comprehensive Salary Schedule for Fiscal Year 2023/24.
GOVERNING BODY ANNOUNCEMENTS
Governing Body Announcements is the opportunity for the City Council to provide miscellaneous reports and announcements. Announcements shall not exceed two minutes. The City Clerk will use the computerized timer.
GBA Presentation-DeForest, Lisa
GBA Presentation-Holliday, Ron
GBA Presentation-Warren, Cindy
COUNCIL MEMBER REQUESTS TO ADD ITEMS TO FUTURE AGENDAS
This is the opportunity for Council Members to request items and receive consensus for items to be added to a future agenda. There will be no discussion or debate on the requests; a brief explanation of the request may be given.
ADJOURNMENT