Loading...
2008-10-01 City Council Regular MEETING - Agenda PacketMENIFEE, CALIFORNIA To be incorporated Oct.1,2008 4821-4671-8467.1 CITY COUNCIL FIRST MEETING OCTOBER 1, 2008 6:00PM MEETING LOCATION: Bell Mountain Middle School Multipurpose Room 28525 La Piedra Rd. Menifee, CA 92584 At 6:00 p.m., the incorporation ceremonies will begin with remarks and presentations from Lou Monville, the Master of Ceremonies, before the City Council begins the incorporation meeting. Please see the program provided by a sponsor. CALL TO ORDER ROLL CALL OF CITY COUNCIL - ELECT MEMBERS by Kathy Bennett, City Clerk: Wallace W. Edgerton, Mayor- Elect Darcy Kuenzi, Mayor Pro Tempore – Elect Fred Twyman, Council Member – Elect Scott Mann, Council Member - Elect John Denver, Council Member – Elect Any person wishing to address the City Council on any matter within the jurisdiction of the City, whether or not it appears on this Agenda, is asked to complete a “Speaker Request Form” available at the side table. The completed form is to be submitted to the Interim City Clerk prior to an individual being heard by the City Council. For this incorporation meeting, the City Council requests a time limitation of two (2) minutes per person, and a total time limit of fifteen minutes for the Public Comment portion of the Agenda. If you are commenting on an Agenda item, for this meeting your comments will be heard before the item during the Public Comment period. Please note that if you are addressing the City Council on items NOT on the agenda, the Brown Act does not allow discussion of such items. Therefore, the City Council may only do the following: refer the matter to staff, ask for additional information or request a report back, or give a very limited factual response. CITY OF MENIFEE CITY COUNCIL - INCORPORATION MEETING AGENDA DATE: OCTOBER 1, 2008 4821-4671-8467.1 2 1. SWEARING IN CEREMONY FOR CITY COUNCIL MEMBERS Supervisor Jeff Stone, Third District 2. SELECTION OF MAYOR AND MAYOR PRO TEM Brief Remarks by Council members 3. PUBLIC COMMENTS 4. NEW BUSINESS The first items to be considered are five ordinances necessary for City operation as required by state law and the Terms and Conditions of Incorporation as approved by the voters. The City Manager will provide a brief review and explanation of the items to be considered. During the coming months and years, the City will revise and add to these first ordinances to create its own laws in the Menifee Municipal Code. Ordinances are City laws which are adopted in two steps. First, the Council will vote on whether the entire ordinance should be read into the record of the meeting or whether it is sufficient to read only the title. That action will be taken at one time for all five ordinances. Then the City Council will vote on each ordinance separately by roll call vote. The staff recommends adoption of each of these ordinances. Normally, an ordinance is introduced, then adopted at least 5 days later, and then becomes effective 30 days later. These ordinances are considered “urgency” because they must go into effect immediately so the City can begin to operate. Waiver of reading Waive reading of the full text of the ordinances which follow and read by title only. 1. Mayor calls for a motion and second to waive reading of each ordinance and read by title only; 2. Mayor requests City Clerk to conduct roll call vote on waiver of title only. Vote on Ordinance Adoption 4.1. Ordinance No. 2008-01 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, ADOPTING ALL ORDINANCES AND RESOLUTIONS OF THE COUNTY OF RIVERSIDE (INCLUDING LAND USE ORDINANCES AND RESOLUTIONS) TO REMAIN IN FULL FORCE AND EFFECT AS CITY ORDINANCES FOR A PERIOD OF ONE HUNDRED TWENTY DAYS OR UNTIL OTHERWISE SUPERSEDED BY THE CITY ORDINANCES, AND DECLARING THE URGENCY THEREOF CITY OF MENIFEE CITY COUNCIL - INCORPORATION MEETING AGENDA DATE: OCTOBER 1, 2008 4821-4671-8467.1 3 1. Mayor asks City Clerk to read title of Ordinance No. 2008-01 2. City Clerk reads title 3. Mayor calls for motion and second to adopt Ordinance No. 2008-01 4. Mayor asks City Clerk to conduct roll call vote on adoption 5. Roll call vote 4.2 Ordinance No. 2008-02 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, ESTABLISHING THE MENIFEE MUNICIPAL CODE, AND ENACTING TITLES 1-3 RELATING TO GENERAL ADMINISTRATION, FINANCES AND CONTRACTING, AND DECLARING THE URGENCY THEREOF 1. Mayor asks City Clerk to read title of Ordinance No. 2008-02 2. City Clerk reads title 3. Mayor calls for motion and second to adopt Ordinance No. 2008-02 4. Mayor asks City Clerk to conduct roll call vote on adoption 5 Roll call vote 4.3 Ordinance No. 2008-03 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, ESTABLISHING AN INTERIM PLANNING COMMISSION AND APPOINTING THE CITY COUNCIL MEMBERS AS THE INTERIM PLANNING COMMISSION; APPOINTING THE CITY MANAGER OR HIS DESIGNEE AS THE PLANNING DIRECTOR, ZONING ADMINISTRATOR AND CODE ENFORCEMENT ADMINISTRATOR; AND CONFIRMING THAT THE CITY COUNCIL MEMBERS WILL ACT AS THE APPEALS BODY FOR ANY PLANNING, ZONING OR CODE ENFORCEMENT APPEALS 1. Mayor asks City Clerk to read title of Ordinance No. 2008-03 2. City Clerk reads title 3. Mayor calls for motion and second to adopt Ordinance No. 2008-03 4. Mayor asks City Clerk to conduct roll call vote on adoption 5 Roll call vote 4.4 Ordinance No. 2008-04 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, ESTABLISHING A (BRADLEY-BURNS) SALES AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION* 1. Mayor asks City Clerk to read title of Ordinance No. 2008-04 2. City Clerk reads title 3. Mayor calls for motion and second to adopt Ordinance No. 2008-04 4. Mayor asks City Clerk to conduct roll call vote on adoption 5 Roll call vote *This ordinance is not urgency because a vote on general taxes takes effect immediately. CITY OF MENIFEE CITY COUNCIL - INCORPORATION MEETING AGENDA DATE: OCTOBER 1, 2008 4821-4671-8467.1 4 4.5 Ordinance No. 2008-05 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, ESTABLISHING A SPECIAL GAS TAX STREET IMPROVEMENT FUND AND DECLARING THE URGENCY THEREOF 1. Mayor asks City Clerk to read title of Ordinance No. 2008-05 2. City Clerk reads title 3. Mayor calls for motion and second to adopt Ordinance No. 2008-05 4. Mayor asks City Clerk to conduct roll call vote on adoption 5 Roll call vote 5. CONSENT CALENDAR All matters on the Consent Calendar are to be approved in one motion unless a Council Member, or a member of the public, requests a separate action on a specific item on the Consent Calendar. If an item is removed from the Consent Calendar, it will be discussed individually and acted upon separately. A roll call vote is required. Here. Staff recommends approval and adoption of all items. This Consent Calendar contains 40 items which are necessary for the City to begin operation. The City Manager will explain why these resolutions and contracts are necessary. In general, like the ordinances, they carry out the Terms and Conditions of Incorporation and assure that funding for the City transfers from the County and continues without interruption. They meet certain Brown Act requirements for designating regular meeting dates, times and locations; authorize staff to file the numerous organizational documents required for incorporation; and provide for lease of City Hall space and increased law enforcement services. Resolutions and actions on contracts take effect immediately. RESOLUTION NOS. 5.1 THROUGH 5.15 SET UP CITY FUNCTIONS, RULES, FILINGS, PROPERTY TAX ADMINISTRATION AND RATIFY PRIOR ACTIONS. 5.1 Resolution No. 08-01 – A Resolution of the City Council of the City of Menifee, California, Requesting Continuation of Services by the County of Riverside and Authorizing County Officials to Enforce Laws in the City During the Transition Period 5.2 Resolution No. 08-02 – A Resolution of the City Council of the City of Menifee, California, Establishing Rules of Decorum and Procedures for Conduct for City Council Meetings 5.3 Resolution No. 08-03 – A Resolution of the City Council of the City of Menifee, California, Authorizing Filing of Documents with State and County Offices and Officers CITY OF MENIFEE CITY COUNCIL - INCORPORATION MEETING AGENDA DATE: OCTOBER 1, 2008 4821-4671-8467.1 5 5.4 Resolution No. 08-04 – A Resolution of the City Council of the City of Menifee, California, Designating the Time, Date and Location of City Council Meetings; Designating Locations for Posting Agendas, Ordinances and/or Resolutions; and Establishing an Address for the Receipt of the United States Mail 5.5 Resolution No. 08-05 – A Resolution of the City Council of the City of Menifee, California, Authorizing the Mayor, City Manager and City Clerk to Prepare, Execute and File the Statement of Boundary Creation and Other Necessary Documents 5.6 Resolution No. 08-06 – A Resolution of the City Council of the City of Menifee, California, Ratifying the Appointment of Interim City Manager, Ratifying and Extending the Winzler & Kelly Consulting Agreement and Ratifying and Affirming the Actions of the Interim City Manager and Various Consultants 5.7 Resolution No. 08-07 – A Resolution of the City Council of the City of Menifee, California, Ratifying the Appointment of Interim City Attorney and the Interim City Attorney Services Agreement, and Ratifying and Affirming Attorney Actions 5.08 Resolution No. 08-08 – A Resolution of the City Council of the City of Menifee, California, Confirming that the City Manager will Appoint an Interim City Engineer, and Transferring All Surveying Duties Currently Performed by the County Surveyor to the City 5.09 Resolution No. 08-09 – A Resolution of the City Council of the City of Menifee, California, Providing for the Enforcement of State Laws and Regulations Relating to Public Health by the County Health Officer 5.10 Resolution No. 08-10 – A Resolution of the City Council of the City of Menifee, California, Authorizing the City Attorney to Allow the County Counsel for the County of Riverside to Represent the City of Menifee’s Interests in Certain Property Tax Refund Matters Within Certain Parameters 5.11 Resolution No. 08-11 – A Resolution of the City Council of the City of Menifee, California, Designating the County of Riverside as its Agent for Service of Process for Actions Under the Revenue and Taxation Code 5.12 Resolution No. 08-12 – A Resolution of the City Council of the City of Menifee, California, Consenting to Cancellation of Uncollected Taxes, Penalties and Costs Based on the Consent of the County Legal Advisor 5.13 Resolution No. 08-13 – A Resolution of the City Council of the City of Menifee, California, Authorizing the Mayor to Execute an Agreement with the CITY OF MENIFEE CITY COUNCIL - INCORPORATION MEETING AGENDA DATE: OCTOBER 1, 2008 4821-4671-8467.1 6 California State Board of Equalization Providing for State Administration of Local Sales and Use Taxes 5.14 Resolution No. 08-14 – A Resolution of the City Council of the City of Menifee, California, Authorizing State Examination of Sales and Use Tax Records 5.15 Resolution No. 08-15 – A Resolution of the City Council of the City of Menifee, California, Declaring its Intention to be Governed by Uniform Cost Accounting Procedures BUDGET AND FINANCE 5.16 Resolution No. 08-16 – A Resolution of the City Council of the City of Menifee, California, Adopting the Budget for Fiscal Year 2008-09 5.17 Resolution No. 08-17 – A Resolution of the City Council of the City of Menifee, California, Ratifying the Provisional Appropriations Limit for the City Set by the Local Agency Formation Commission of Riverside County and Directing Staff to Call for An Election as Required by the Terms and Conditions of Incorporation 5.18 Resolution No. 08-18 – A Resolution of the City Council of the City of Menifee, California, Approving the Fiscal Year 2008-09 Investment Policy and Approving Delegation to the City Treasurer to Carry Out Such Policy 5.19 Resolution 08-19 – A Resolution of the City Council of the City of Menifee, California, Authorizing Reimbursements for Pre-Incorporation and Post- Incorporation Expenses and Ratifying all Prior Actions of the City Council-Elect 5.20 Resolution 08-20 – A Resolution of the City Council of the City of Menifee, California, Authorizing and Ratifying Banking Services with Union Bank and Designating the Persons Authorized to Transact Business on Behalf of the City 5.21 Resolution 08-21 – A Resolution of the City Council of the City of Menifee, California, Continuing the Levy and Collection of Previously Authorized Charges, Fees, Assessments and Taxes and Making Findings Therefore ACCEPTING ROADS AND FRANCHISES 5.22 Resolution 08-22 – A Resolution of the City Council of the City of Menifee, California, Confirming and Accepting all Public Streets, Roads, Bridges and Highways or Portions thereof within the City of Menifee into the City Street System CITY OF MENIFEE CITY COUNCIL - INCORPORATION MEETING AGENDA DATE: OCTOBER 1, 2008 4821-4671-8467.1 7 5.23 Resolution 08-23 – A Resolution of the City Council of the City of Menifee, California, Accepting the Transfer and Assignment to the City of the County of Riverside’s Interest in and to all Franchises Existing within the City of Menifee COUNTY SERVICE AREA ACTIONS AND LANDSCAPING & LIGHTING DISTRICT 5.24 Resolution No. 08-24 – A Resolution of the City Council of the City of Menifee, California, Accepting Parks from County Service Area 145 5.25 Resolutions No. 08-25 – A Resolution of the City Council of the City of Menifee, California, Taking Certain Actions Regarding County Service Areas Partially Located within the City 5.26 Resolution No. 08-26 – A Resolution of the City Council of the City of Menifee, California, Confirming its Assumption of Responsibility for and Continuation of Special Assessments in County Service Areas 33, 86, 138 and 145 5.27 Resolution 08-27 – A Resolution of the City Council of the City of Menifee, California, Accepting the Transfer of Jurisdiction from the County of Riverside for the Menifee Landscape Maintenance District (L & LMD 89-1 C) 5.28 Resolution 08-28 – A Resolution of the City Council of the City of Menifee, California, Waiving Detachment of County Service Area 152 PARSAC MEMBERSHIP 5.29 Resolution No. 08-29 – A Resolution of the City Council of the City of Menifee, California, Requesting Membership in the Public Agency Risk Sharing Authority of California (PARSAC) and Participation in the PARSAC Liability and Workers’ Compensation Programs 5.30 Resolution No. 08-30 – A Resolution of the City Council of the City of Menifee, California, Adopting an Illness and Injury Prevention Program 5.31 Resolution No. 08-31 – A Resolution of the City Council of the City of Menifee, California, Authorizing Application to the Director of Industrial Relations, State of California for a Certificate of Consent to Self-Insure Workers’ Compensation Liabilities CITY OF MENIFEE CITY COUNCIL - INCORPORATION MEETING AGENDA DATE: OCTOBER 1, 2008 4821-4671-8467.1 8 REGIONAL BOARD MEMBERSHIPS-REPRESENTATIVES WILL BE APPOINTED AT THE NEXT REGULAR MEETING 5.31 Resolution No. 08-32 – A Resolution of the City Council of the City of Menifee, California, Approving Membership in the Western Riverside Council of Governments 5.32 Resolution No. 08-33 – A Resolution of the City Council of the City of Menifee, California, Approving Membership in the Riverside County Transportation Commission (RCTC) 5.33 Resolution No. 08-34 – A Resolution of the City Council of the City of Menifee, California, Approving Membership in the Western Riverside County Regional Conservation Authority 5.34 Resolution No. 08-35 – A Resolution of the City Council of the City of Menifee, California, Approving Membership in the Riverside County Habitat Conservation Authority 5.35 Resolution No. 08-36 – A Resolution of the City Council of the City of Menifee, California, Approving Membership in Riverside Transit Authority 5.36 Resolution No. 08-37 – A Resolution of the City Council of the City of Menifee, California, Approving Membership in any Mandatory Local Commission, Joint Powers Authority or Other Entity Required by Governing Law AGREEMENTS 5.38 Approve Lease Agreement for City Hall with New Hub Properties LLC 5.39 Approve Agreement for Law Enforcement Services Between the City of Menifee, California, and the County of Riverside including appointment of the Captain of the Perris Station as the City Police Chief 5.40 Approve County Augmentation Agreement by and Between the County of Riverside and City of Menifee Vote on Consent Agenda 1. Mayor calls for motion and second to approve Consent Calendar items Nos. 5.1 through 5.40 2. Mayor asks City Clerk to conduct roll call vote on approval of Consent Calendar 3. Roll call vote CITY OF MENIFEE CITY COUNCIL - INCORPORATION MEETING AGENDA DATE: OCTOBER 1, 2008 4821-4671-8467.1 9 6. PRESENTATIONS TO THE COUNCIL 6.1 Pechanga Indian Tribe 6.2 Menifee Incorporation Committee 7. CONCLUDING REMARKS BY MAYOR ADJOURNMENT The next Regular Meeting of the City Council will be held Tuesday, October 7, 2008, at 5:00 p.m. (Study Session) and 7:00 p.m. (Regular Session) at the Azusa Pacific Building of Mt. San Jacinto Community College, located at 28237 La Piedra Road, Menifee, California, 92584. CERTIFICATION I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that I posted copies of the foregoing Agenda at City Hall 29683 New Hub Dr., Suite C, Menifee 92586 and at: Mt. San Jacinto Community College, 28237 La Piedra Rd., Menifee, CA 92584 Sun City Library, 26892 Cherry Hills Blvd., Sun City, CA 92586 Kay Ceniceros Community Center, 29995 Evans Rd., Sun City, CA 92586 Bell Mountain Middle School, 28525 La Piedra Rd. Menifee, CA 92584 on __________ September ___, 2008, at _______ p.m. ____________________________________ _________________________ Kathy Bennett, City Clerk Date In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, you should contact Kathy Bennett, City Clerk, at (951) 672-6777. Notification prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. Materials related to an item on this Agenda, including those submitted to the City Council after distribution of the agenda packet are available for public inspection by contacting Kathy Bennett, City Clerk, at (951) 672-6777 during normal business hours.