City Council Meeting Minutes July 2, 2024
CITY OF MURRIETA Tuesday, July 2, 2024
Council Chambers 4:30 PM CLOSED SESSION
1 Town Square 6:00 PM REGULAR MEETING
Murrieta 92562 MINUTES
The City of Murrieta intends to comply with the Americans with Disabilities Act (ADA). Persons with special needs should call the City Clerk Department at (951) 461-6031 or email at [email protected] at least 72 hours in advance. 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.
Any presentation requiring the use of the City of Murrieta’s equipment must be submitted to the City Clerk’s department 72 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.
Lori Stone
Mayor
Cindy Warren Lisa DeForest 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 https://murrieta.legistar.com/Calendar.aspx
4:30 PM CLOSED SESSION
CALL TO ORDER 4:34 p.m.
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ROLL CALL
Present: Council Member Lisa DeForest
Council Member Jon Levell
Council Member Ron Holliday
Mayor Pro Tem Cindy Warren
Mayor Lori Stone
PUBLIC COMMENTS - CLOSED SESSION ITEMS ONLY None
ANNOUNCEMENT OF CLOSED SESSION ITEMS
City Clerk Cristal McDonald announced the following Closed Session items:
CLOSED SESSION
CS1. Conference with Legal Counsel - Existing Litigation The City Council will conduct a closed session, pursuant to Government Code section 54956.9(d)(1), to confer with legal counsel regarding in re: National Prescription Opiate Litigation, Case No. 1:17-md-2804 in the United States District Court, Northern District of Ohio, Eastern Division.
CS2. Conference with Legal Counsel - Existing Litigation The City Council will conduct a closed session, pursuant to Government Code section 54956.9(d)(1), to confer with legal counsel regarding litigation to which the City is a party. The title of such litigations is as follows: Public Employment Relations Board Case No. LA-CE-1689-M
CS3. Conference with Legal Counsel - Anticipated Litigation The City Council will conduct a closed session, pursuant to Government Code sections 54956.9(d)(2), because there is a significant exposure to litigation in one case.
CS4. Conference with Labor Negotiators
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 General Employees’ Association; and (2) the Murrieta Supervisors’ Association.
CS5. Public Employee Performance Evaluation and Compensation The City Council will conduct a closed session, pursuant to Government Code section 54957(b), to consider filling the position of City Manager.
RECESS TO CLOSED SESSION 4:36 p.m.
6:00 PM REGULAR MEETING
CALL TO ORDER 6:08 p.m.
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ANNOUNCEMENT OF CLOSED SESSION ACTION
Assistant City Attorney Paul Early: No reportable action on Closed Session Item Nos.
CS1-CS5.
ROLL CALL
Present: Council Member Lisa DeForest
Council Member Jon Levell
Council Member Ron Holliday
Mayor Pro Tem Cindy Warren
Mayor Lori Stone
PLEDGE OF ALLEGIANCE Administrative Services Director Diego Chavez
INVOCATION Pastor Larry Hanson, Calvary Chapel
PRESENTATIONS
Sally Myers - Certificate of Recognition
APPROVAL OF AGENDA
Action: It was moved by Mayor Pro Tem Warren, seconded by Council Member DeForest to approve the Agenda for July 2, 2024.
The motion carried by the following vote:
Ayes: DeForest, Levell, Holliday, Warren, Stone
Noes: None
CITY MANAGER - ADMINISTRATIVE UPDATE
City Manager Administrative Updates is the opportunity for the City Manager to provide community updates, as well as Department or Commission announcements on current or upcoming projects.
• City Clerk Department: Connected by Engagement: City Council and Commission Interest Session, Cristal McDonald, City Clerk
• Community Update: Cristina Davies, Public Information Officer
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GOVERNING BODY COMMISSION/COMMITTEE/BOARD (CCB) REPORTS
Council Member DeForest: Provided attendance/reported the following:
Code Enforcement Ad-Hoc Committee
Council Member Levell: Provided attendance/reported the following:
Southwest Community Finance Authority (SCFA)
Council Member Holliday: Provided attendance/reported the following:
Code Enforcement Ad-Hoc Committee
Western Riverside Council of Governments (WRCOG)
Riverside County Habitat Conservation A gency
(RCHCA)
Mayor Pro Tem Warren: Provided attendance/reported the following:
Western Riverside Council of Governments (WRCOG)
Riverside County Transportation Commission (RCTC)
Southwest Riverside County Elected Leaders
Collaborative
Riverside Transit Agency (RTA)
Riverside County Transportation C ommission Board
(RCTC)
Mayor Stone: Provided attendance/reported the following:
Code Enforcement Policy Ad-Hoc Committee
Southwest Riverside County Elected Leaders
Collaborative
PUBLIC COMMENTS (NON-AGENDA)
Andy Morris:
Spoke on Elsinore Valley Municipal Water District addressing water seepage concerns. Made an open invitation to the Student of the Month breakfast.
Francisco Urbina: Spoke on park restroom concerns and a citizens advisory commission to address police misconduct matters.
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CONSENT CALENDAR - APPROVAL OF ITEMS 1 – 17
Action: It was moved by Council Member DeForest, seconded by Council Member Jon Levell to approve Consent Calendar Item Nos.1-17.
The motion carried by the following vote:
Ayes: DeForest, Levell, Holliday, Warren, Stone
Noes: None
1. Waive Reading of All Ordinance Adoptions on the Agenda and Read by Title Only
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
Recommended Action:
Approve the minutes of the June 18, 2024 City Council Regular Meeting.
3. Check Register May 2024
Recommended Action:
Adopt a Resolution 24-4766 entitled: A Resolution of the City Council of the City of Murrieta, California, Ratifying the Check Register for the Month of May 2024 in the amount of $5,415,411.63 (Check Numbers 159599-160088).
4. Approving Part-Time Employee Sick Leave
Recommended Action:
Adopt Resolution No. 24-4767 entitled: A Resolution of the City Council of the City of Murrieta, California, Approving Part-Time Employee Sick Leave.
5. Consideration of Approval of Comprehensive Salary Schedule Fiscal Year 2024/25
Recommended Action:
Adopt Resolution No. 24-4768, entitled: A Resolution of the City Council of the City of Murrieta, California, Approving the Fiscal Year 2024/25 Comprehensive Salary Schedule.
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6. Duo Security Software Renewal
Recommended Action:
Authorize the use of Cooperative Agreement #2018011-02 to purchase the Cisco Duo Security Software for multifactor authorization, and authorize SHI International Group (SHI) to administer the agreement;
Approve the agreement in the amount not to exceed $12,660 for Fiscal Year 2024/25; and
Authorize the City Manager to execute the necessary documents.
7. NetMotion Software Renewal
Recommended Action:
Authorize the use of Cooperative Agreement #2018011 to purchase NetMotion Software for virtual private network connections and authorize CDW Government, LLC. to administer the agreement;
Approve the software renewal in the amount of $15,298.98 for Fiscal Year 2024/25; and
Authorize the City Manager to execute the necessary documents.
8. Approve the Purchase and Delivery of the Final Installment of Office Furniture for City Hall
Recommended Action:
Approve an Agreement with Corporate Modular Services for the purchase and installation of office furniture at City Hall in an amount not to exceed $39,129 with a 15% contingency; and
Authorize the City Manager to execute the Agreement.
9. Construction Contract Tot Lot Improvement Project Phase 1
Recommended Action:
Award the construction contract for the Tot Lot Improvement Project Phase 1, CIPs 22026, 22035, 22036, and 22038, to the lowest responsible bidder, Millsten Enterprises, Inc., in the
amount of $1,344,667.35, plus a 15% contingency;
Authorize the Mayor to execute the agreement; and
Amend the Fiscal Year 2024/25 Capital Improvement Plan Budget to provide additional budget appropriation for CIPs 22026 and 22038.
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10. Second Reading of Ordinance No. 604-24 Adopting the Fiscal Year 2024/25 Town Square Park and Amphitheater User Fees
Recommended Action:
Conduct the second reading and adopt Ordinance No. 604-24 entitled: An Ordinance of the City Council of the City of Murrieta, California, Adopting the Town Square Park, and Amphitheater User Fees; and
Find that said actions are exempt from the California Environmental Quality Act (CEQA), as this Ordinance is exempt from CEQA under Section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment whereas here, it can be seen with certainty that there is no possibility that the activity in question would have a significant effect on the environment, the activity is not subject to CEQA.
11. Approve an Agreement with RICK to Undertake Revisions to the City’s General Plan
Recommended Action:
Approve an Agreement with RICK, not-to-exceed $412,961, to prepare revisions to the General Plan;
Authorize the City Manager to execute the agreement with an optional one-year extension;
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;
Amend the Fiscal Year 2024/25 Operating Budget, as noted in the Fiscal Impact Section of this report; and
Appropriate $21,180.80 from the General Fund Assigned Fund Balance.
12. Approval of a Third Amendment to an Agreement with Tyler Technologies, Inc., and Amendment of the Fiscal Year 2024/25 Operating Budget
Recommended Action:
Approve a third Amendment to the Agreement with Tyler Technologies, Inc. for $106,224 for eight (8) additional software licenses and enhanced customer support services for Energov Permitting and Licensing;
Authorize the City Manager to approve a future amendment for additional software licenses not to exceed $13,776; and
Approve an appropriation of $120,000 in the Fiscal Year 2024/25 Operating Budget for additional services from Energov Permitting and Licensing.
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13. National Opioid Settlements
Recommended Action:
Adopt Resolution No. 24-4769 entitled: A Resolution of the City Council of the City of Murrieta, California, Authorizing the City’s participation in the National Opioid Litigation Settlement Agreements with Kroger Co. and any other future National Opioid Settlements; and
Authorize the City Manager to take all actions necessary to implement the settlement Agreements.
14. EMS Physician Level Consultant - ZF Signature, Inc.
Recommended Action:
Approve a three-year Agreement with Dr. Zeke W. Foster dba ZF Signature, Inc. for the management of Murrieta Fire & Rescue’s citywide emergency medical services program;
Authorize the exemption from bidding requirements; and
Authorize the City Manager to execute the agreement for a total not to exceed $42,142.
15. Fiscal Year 2023 Emergency Management Performance Grant Program Award
Recommended Action:
Authorize the City Manager to accept the Fiscal Year 2023 (FY23) Emergency Management Performance Grant Program Award;
Authorize the City Manager to amend the Fiscal Year 2023/24 Operating Budget to allocate and appropriate the grant funds for $24,680; and
Authorize the City Manager to carry over any unused budget related to this grant from Fiscal Year 2023/24 to Fiscal Year 2024/25.
16. Fiscal Year 2023 State Homeland Security Program Grant Award
Recommended Action:
Authorize the City Manager to accept the Fiscal Year 2023 State Homeland Security Program Grant (SHSP) award;
Authorize the City Manager to amend the Fiscal Year 2023/24 Operating Budget to allocate and appropriate the grant funds for $15,978; and
Authorize the City Manager to carry over any unused budget related to this grant from Fiscal Year 2023/24 to Fiscal Year 2024/25.
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17. Three-Year Agreement with Performa Labs
Recommended Action:
Authorize the City Manager to execute Amendment No. 1 to the agreement with Performa Labs for sworn personnel mandatory training application in the amount of $156,400;
Authorize the City Manager to execute amendments, if needed, to the agreement up to an additional $15,640; and
Authorize the exemption from bidding requirements.
PULLED CONSENT CALENDAR ITEMS None
PUBLIC HEARINGS
18. Continued Hearing - Appeal of Planning Commission decision adopting a Mitigated Negative Declaration for Development Plan Permit 2022-2605/2023-00006 (DP-2022-2605/2023-00006) Murrieta Hot Springs at Jefferson Apartments
Staff report provided by Development Services Director David Chantarangsu.
The public hearing was opened at 6:49 p.m.
Public Testimony:
None
The public hearing was closed at 6:49 p.m.
Action: It was moved by Council Member Holliday, seconded by Mayor Pro Tem Warren to:
Continue the item to an August 20, 2024 hearing date based on productive conversations with the developer and the need for additional time to reach an agreement.
The motion carried by the following vote:
Ayes: DeForest, Levell, Holliday, Warren, Stone
Noes: None
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19. Consider the Levy of 2023 Delinquent Refuse Service Charges on the Fiscal Year 2024/25 Property Tax Roll
Staff report provided by Management Analyst Isaac Bravo.
The public hearing was opened at 6:51 p.m.
Public Testimony:
None
The public hearing was closed at 6:51 p.m.
Action: It was moved by Council Member DeForest, seconded by Council Member Holliday to:
Adopt Resolution No. 24-4770 entitled: A Resolution of the City Council of the City of Murrieta, California, Affirming the Report of Delinquent Refuse Charges and Directing their Collection on the Fiscal Year 2024/25 Property Tax Roll.
The motion carried by the following vote:
Ayes: DeForest, Levell, Holliday, Warren, Stone
Noes: None
20. Murrieta Community Services District Levy of Annual Assessments
Mayor Pro Tem Warren recused herself from Item No. 20 Zone “N” only due to owning property in the zone.
Council Member Holliday recused himself from Item No. 20 Zone “G” only due to owning property in the zone.
Council Member DeForest recused herself from Item No. 20 Zone “G” only due to owning property in the zone.
Council Member Levell recused himself from Item No. 20 Zones “F” & “G” only due to owning property in the zones.
Mayor Stone recused herself from Item No. 20 Zones “A” & “G” only due to owning property in the zones.
Staff report provided by Parks and Recreation Manager Lea Kolek. Willdan Financial Representative was available to answer questions from the City Council.
The public hearing was opened at 6:58 p.m.
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Public Testimony:
None
The public hearing was closed at 6:59 p.m.
Action: A straw vote was held due to multiple recusals for Zone G, and it was moved by Mayor Pro Tem Warren, seconded by Council Member Holliday to;
Adopt Resolution No. CSD 24-281 (Zone “G” only) 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 2024/25, and (2) Ordering the Levy and Collection of Rates and Charges within the Murrieta Community Services District for Fiscal Year 2024/25; and
Direct the Board Secretary to file the levy with the County Auditor upon adoption.
The motion carried by the following vote:
Ayes: DeForest, Holliday, Warren
Noes: None
Abstain: None
Recusal: Levell, Stone
Action: It was moved by Council Member DeForest, seconded by Council Member Holliday to:
Adopt Resolution No. CSD 24-281 (All Zones except Zone “G”) 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 2024/25, and (2) Ordering the Levy and Collection of Rates and Charges within the Murrieta Community Services District for Fiscal Year 2024/25; and
Direct the Board Secretary to file the levy with the County Auditor upon adoption.
The motion carried by the following vote:
Ayes: DeForest, Levell, Holliday, Warren, Stone
Noes: None
Recusals: Levell (Zone F and G only), Warren (Zone N only), Holliday (Zone G only), DeForest (Zone G only), Stone (Zone A and G only)
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21. Consolidate Landscape and Lighting District Levy of Annual Assessments
Council Member Holliday recused himself from Item No. 21 LLD 16 due to owning property in the District.
Mayor Pro Tem Warren recused herself from Item No. 21 LLD 11 due to owning property in the District.
Council Member Levell recused himself from Item No. 21 LLD 15 due to owning property in the District.
Staff report provided by Parks and Recreation Manager Lea Kolek. Willdan Financial Representative was available to answer questions from the City Council.
The public hearing was opened at 7:06 p.m.
Public Testimony:
None
The public hearing was closed at 7:07 p.m.
Action: It was moved by Mayor Pro Tem Warren, seconded by Council Member Levell to:
Adopt a Resolution 24-4771 entitled: A Resolution of the City Council of the City of Murrieta, California, Confirming Assessments and Providing for Annual Assessment Levy for Fiscal Year 2024/25 in the Murrieta Consolidated Landscaping and Lighting District; and
Direct the City Clerk to file the assessment roll with the County Auditor.
The motion carried by the following vote:
Ayes: DeForest, Holliday, Levell, Warren, Stone
Noes: None
Recusals: Levell (LLD 15 only), Warren (LLD 11 only), Holliday (LLD 16 only)
22. Fiscal Year 2024/25 Fire Suppression Assessment
Staff report provided by Fire Chief Bernand Molloy. Willdan Financial Representative was available to answer questions from the City Council.
The public hearing was opened at 7:10 p.m.
Public Testimony:
Francisco Urbina: Asked for clarification on whether the Fire Suppression Assessment Fee is applicable citywide or if it only applied to specific areas.
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The public hearing was closed at 7:13 p.m.
Action: It was moved by Council Member DeForest, seconded by Mayor Pro Tem Warren to:
Adopt Resolution No. MFD 24-224, entitled: A Resolution of The Board of Directors of the Murrieta Fire District Levying the 2024/2025 Fire Suppression Assessment Fee and Standby or Availability Charge, and Authorizing the General Manager to Execute the Associated Proposition 218 Compliance Letter.
The motion carried by the following vote:
Ayes: DeForest, Levell, Holliday, Warren, Stone
Noes: None
DISCUSSION
23. Updated Murrieta Management and Confidential Employees’ Compensation Plan
Staff report provided by Assistant City Attorney Paul Early.
Public Comments:
None
Action: After discussion it was moved by Council Member Levell, seconded by Council Member Holliday to:
Adopt Resolution No. 24-4772 entitled: A Resolution of the City Council of the City of Murrieta, California, Approving An Updated Murrieta Management and Confidential Employees’ Compensation Plan.
The motion carried by the following vote:
Ayes: DeForest, Levell, Holliday, Warren, Stone
Noes: None
PUBLIC COMMENTS (NON-AGENDA)
City Clerk Cristal McDonald informed the Mayor about an overlooked public comment.
Jason Race:
Spoke to concerns on groundwater on his property.
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DISCUSSION
24. Pickleball Courts Construction Strategy
Staff report and PowerPoint presentation provided by Community Services Director Brian Ambrose and Senior Program Manager Brian Crawford.
Public Comments:
Greg Ross: Spoke in favor of pickleball courts.
Tyler Corse: Spoke in opposition of removing tennis courts in Murrieta.
Paul Martin: Spoke in opposition of removing tennis courts in Murrieta.
Action: City Council received the update and instructed staff to keep a balance between Pickleball and Tennis.
GOVERNING BODY ANNOUNCEMENTS
Council Member Levell provided a verbal update, Council Member Holliday, Council Member DeForest, Mayor Pro Tem Warren, and Mayor Stone provided their Governing Body Announcements to be made part of the City’s record.
COUNCIL MEMBER REQUESTS TO ADD OR WITHDRAW ITEMS TO FUTURE AGENDAS
Mayor Stone: Requested to bring back a discussion on a Murrieta Team for the Susan G.
Komen Foundation “Race for the Cure”.
Consensus received.
Withdrew her request from the June 18, 2024 meeting to bring back a workshop on the Taxpayer Protection and Government Accountability Act due to the State Supreme Court ruling.
ADJOURNMENT 7:53 p.m.
____________________________
Cristal McDonald, City Clerk
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