City Council

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35 .102.35.104 ADA Title II]. AGENDA TEMECULA CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA OCTOBER 26, 2021 - 7:00 PM CLOSED SESSION - 6:00 PM CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(1) with respect to one matter of pending litigation: In re National Prescription Opioid Litigation, MDL No. 2804 (Federal District Court N.D. Ohio). LABOR NEGOTIATIONS — The City Council will meet in closed session with its designated representatives to discuss labor negotiations pursuant to Government Code Section 54957.6. The City's designated representatives are City Manager Aaron Adams, City Attorney Peter Thorson, Assistant City Manager Kevin Hawkins, Director of Finance Jennifer Hennessy, Director of Human Resources and Risk Management Isaac Garibay, Deputy City Manager Luke Watson and Senior Human Resources Analyst Becky Obmann. The employee organization is the California Teamsters Public, Professional and Medical Employees Union Local 911. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(2) with respect to one matter of potential litigation. A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City. The City and the owner of the Warehouse at Creekside, Keith Shibou, are involved in a dispute concerning their respective interpretations of the loan documents and the regulatory agreement for the Project that might result in litigation. See Keith Shibou’s letter to the City Council of September 23, 2021. Attachments: Closed Session - Letter Dated September 23, 2021 CALL TO ORDER: Mayor Maryann Edwards INVOCATION: TBD FLAG SALUTE: Mayor Maryann Edwards ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart Page 1 City Council Agenda October 26, 2021 PRESENTATIONS - NONE BOARD / COMMISSION REPORTS Planning Commission and Race, Equity, Diversity and Inclusion Commission PUBLIC SAFETY REPORT Riverside County Sheriff's Department PUBLIC COMMENTS - NON-AGENDA ITEMS A total of 30 minutes is provided for members of the public to address the City Council on matters not listed on the agenda. Each speaker is limited to three minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or Deputy City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards for in-person comments will be called in the order received by the City Clerk or Deputy City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten minutes will be devoted to these reports. CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the City Council request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the City Council on items that appear on the Consent Calendar. Each speaker is limited to three minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or Deputy City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards for in-person comments will be called in the order received by the City Clerk or Deputy City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 1. Waive Reading of Standard Ordinances and Resolutions Recommendation: That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. Attachments: Agenda Report Page 2 City Council Agenda October 26, 2021 2. Approve Action Minutes of October 12, 2021 Recommendation: That the City Council approve the action minutes of October 12, 2021. Attachments: Action Minutes 3. Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Attachments: Agenda Report Resolution List of Demands 4. Approve City Treasurer’s Report as of July 31, 2021 Recommendation: That the City Council approve and file the City Treasurer's Report as of July 31, 2021. Attachments: Agenda Report Treasurer's Report 5. Approve Financial Statements for the 4th Quarter Ended June 30, 2021 Recommendation: That the City Council: 1. Receive and file the financial statements for the 4th quarter ended June 30, 2021; and 2. Approve the following Fiscal Year 2021-21 appropriations: a. Increase the Emergency Management budget by $8,400 b. Increase the CIP Administration budget by $17,500 c. Increase the PERS Replacement Benefit budget by $9,100 3. Appropriate $2,000,000 of the year-end general fund surplus to the Pension Trust (PARS), in accordance with Budget Policy XII in Fiscal Year 2021-22. Attachments: Agenda Report Financial Statements Page 3 City Council Agenda October 26, 2021 6. Rescind the Current Vehicle Policy and Approve the City Vehicle and Driver Safety Policy Recommendation: That the City Council: 1. Rescind the existing Vehicle Policy dated October 9, 1990; and 2. Approve the Vehicle and Driver Safety Policy; and 3. Authorize the City Manager, or their designee, to modify the Vehicle and Driver Safety Policy when necessary. Attachments: Agenda Report Vehicle and Driver Safety Policy 7. Approve Sponsorship Agreement with Trauma Intervention Program of Southwest Riverside County, Inc. for Traumatic Incident Citizen Support Recommendation: That the City Council approve a sponsorship agreement with Trauma Intervention Program of Southwest Riverside County, Inc., in the amount of $10,000 for traumatic incident citizen support. Attachments: Agenda Report Agreement 8. Authorize the Purchase of Industrial Switches for the Fiber Optic Communication System Upgrade Project, PW18-05 Recommendation: That the City Council authorize the purchase of industrial switches as part of the Fiber Optic Communication System Upgrade Project, PW18-05, in the amount of $204,459.50. Attachments: Agenda Report Quote 9. Approve Agreement with Gosch Ford Temecula for the Purchase of Four (4) 2021 Ford Ranger 4X4 XL Trucks Recommendation: That the City Council approve an agreement with Gosch Ford Temecula for the purchase of four (4) 2021 Ford Ranger 4X4 XL Trucks, in the amount of $121,734.76. Attachments: Agenda Report Agreement 10. Award Construction Contract to Atom Engineering Construction, Inc. for the Flood Control Reconstruction and Repair Project, PW11-10 Recommendation: That the City Council: Page 4 City Council Agenda October 26, 2021 1. Award a construction contract to Atom Engineering Construction Inc., in the amount of $998,398, for the Flood Control Reconstruction and Repair Project, PW11-10; and 2. Authorize the City Manager to approve change orders up to $99,839.80, which is 10% of the contract amount; and 3. Authorize payment of up to $7,428.84 to the Regional Conservation Authority (RCA) for the project Multiple Species Habitat Conservation Plan (MSHCP) fee. Attachments: Agenda Report Contract Project Description 11. Approve First Amendment to the Minor Maintenance Agreement for Landscape Maintenance Services with Nieves Landscape, Inc. Recommendation: That the City Council approve the first amendment to the minor maintenance agreement for landscape maintenance services with Nieves Landscape, Inc., in the amount of $607,225.60 for Fiscal Year 2021-2022, and approve contingency for extra work in the amount of $121,445, which is approximately 20% of the agreement amount. Attachments: Agenda Report First Amendment 12. Receive and File Temporary Street Closures for 2021 Winterfest Events Recommendation: That the City Council receive and file the temporary closure of certain streets for the following 2021 Winterfest Events: ROD RUN, PU’ÉSKA MOUNTAIN DAY, SANTA’S ELECTRIC LIGHT PARADE, TEMECULA ON ICE, CHILLED IN THE PARK, NEW YEAR’S EVE GRAPE DROP Attachments: Agenda Report Exhibit A - Rod Run 2021 Exhibit B - Winterfest 2021 Exhibit C - Santa's Electric Light Parade Exhibit D - Chilled in the Park RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND/OR THE TEMECULA PUBLIC FINANCING AUTHORITY Page 5 City Council Agenda October 26, 2021 TEMECULA COMMUNITY SERVICES DISTRICT MEETING CALL TO ORDER: President Zak Schwank ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart CSD PUBLIC COMMENTS - NON-AGENDA ITEMS A total of 30 minutes is provided for members of the public to address the Board of Directors on matters not listed on the agenda. Each speaker is limited to three minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or Deputy City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards for in-person comments will be called in the order received by the City Clerk or Deputy City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. CSD CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Community Services District request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the Board of Directors on items that appear on the Consent Calendar. Each speaker is limited to three minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or Deputy City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards for in-person comments will be called in the order received by the City Clerk or Deputy City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 13. Approve Action Minutes of October 12, 2021 Recommendation: That the Board of Directors approve the action minutes of October 12, 2021. Attachments: Action Minutes 14. Approve Financial Statements for the 4th Quarter Ended June 30, 2021 Recommendation: That the Board of Directors: 1. Receive and file the financial statements for the 4th quarter ended June 30, 2021; and 2. Appropriate $2,300 to Service Level L Operating Budget in Fiscal Year 2020-21. Page 6 City Council Agenda October 26, 2021 Attachments: Agenda Report Financial Statements 15. Approve First Amendment with TNT Entertainment Group, LLC, for Additional Entertainment and Technical Services Recommendation: That the Board of Directors approve the first amendment with TNT Entertainment Group, LLC for additional entertainment and technical services and increase payment in the amount of $60,000. Attachments: Agenda Report Amendment CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTOR REPORTS CSD ADJOURNMENT The next regular meeting of the Temecula Community Services District will be held on Tuesday, November 9, 2021, at 5:30 p.m., for a Closed Session, with regular session commencing at 7:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. Page 7 City Council Agenda October 26, 2021 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY CALL TO ORDER: Chair Maryann Edwards ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart SARDA PUBLIC COMMENTS - NON-AGENDA ITEMS A total of 30 minutes is provided for members of the public to address the Board of Directors on matters not listed on the agenda. Each speaker is limited to three minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or Deputy City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards for in-person comments will be called in the order received by the City Clerk or Deputy City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. SARDA CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Successor Agency to the Redevelopment Agency request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the Board of Directors on items that appear on the Consent Calendar. Each speaker is limited to three minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or Deputy City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards for in-person comments will be called in the order received by the City Clerk or Deputy City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 16. Approve Financial Statements for the 4th Quarter Ended June 30, 2021 Recommendation: That the Board of Directors receive and file the financial statements for the 4th quarter ended June 30, 2021. Attachments: Agenda Report Financial Statements SARDA EXECUTIVE DIRECTOR REPORT SARDA BOARD OF DIRECTOR REPORTS Page 8 City Council Agenda October 26, 2021 SARDA ADJOURNMENT The next regular meeting of the Successor Agency to the Redevelopment Agency will be held on Tuesday, November 9, 2021, at 5:30 p.m., for a Closed Session, with regular session commencing at 7:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. TEMECULA HOUSING AUTHORITY - NO MEETING TEMECULA PUBLIC FINANCING AUTHORITY - NO MEETING Page 9 City Council Agenda October 26, 2021 RECONVENE TEMECULA CITY COUNCIL BUSINESS Any member of the public may address the City Council on items that appear on the Business portion of the agenda. Each speaker is limited to five minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or Deputy City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards for in-person comments will be called in the order received by the City Clerk or Deputy City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 17. Receive and File Report on the Arrive at Rancho Highlands Project (Planning Application Number PA19-1448) Recommendation: That the City Council receive and file report on the Arrive at Rancho Highlands Project. Attachments: Agenda Report Aerial Map Administrative Approval Letter & Conditions of Approval Stamped Approved Plans 18. Approve American Rescue Plan Act of 2021 (ARPA) Spending Plan (At the Request of Mayor Edwards and Mayor Pro Tem Rahn) Recommendation: That the City Council: 1. Establish Fund 108 - American Rescue Plan Act of 2021 (ARPA); and 2. Appropriate $14,079,507 in ARPA revenue and a corresponding transfer to the General Fund to provide funding for public safety services ($7,039,753.50 in Fiscal Year 2021-22 and $7,039,753.50 in Fiscal Year 2022-23); and 3. Establish the COVID-19 Pandemic Community Reinvestment Program and agree upon the funding categories noted below. Appropriate $7,040,000 in Fiscal Year 2021-22 and recommend $7,040,000 be programmed for Fiscal Year 2022-23 using available General Fund Balance for various community support grants, in accordance with the attached Exhibit A - COVID-19 Pandemic Community Reinvestment Program; and 4. Authorize the Strategic Fiscal Planning Ad Hoc Subcommittee to work with staff to develop the program criteria, administration and details for each category of funding. Page 10 City Council Agenda October 26, 2021 Attachments: Agenda Report Community Reinvestment Program DEPARTMENTAL REPORTS (Receive and File) 19. Community Development Department Monthly Report Attachments: Agenda Report Planning Activity Report 20. Fire Department Monthly Report Attachments: Agenda Report Fire Department Report 21. Police Department Monthly Report Attachments: Agenda Report Incident Summaries 22. Public Works Department Monthly Report Attachments: Agenda Report Project Status Report CITY MANAGER REPORT CITY ATTORNEY REPORT ITEMS FOR FUTURE CITY COUNCIL AGENDAS Any Council Member, including the Mayor, may request an item be placed on a future agenda. Any such request will be discussed under this section. In making the request, a Council Member may briefly describe the topic of the proposed agenda item and any timing associated with the placement of the item on the agenda. This description shall not exceed three (3) minutes unless extended by a majority vote of the City Council. No substantive discussion on the subject of the motion may occur. General discussion amongst the City Council on items listed under this section of the agenda shall be limited to 15 minutes. Items may only be placed on the agenda by Council Members pursuant to policy or by the City Manager based on administrative or operational needs of the City. Public comments on the placement of these agenda items shall be limited to a maximum of 30 minutes. Individual comments shall not exceed three (3) minutes. All public participation is governed by the Council Policy regarding Public Participation at Meetings and Agenda Placements by Council Members adopted by Resolution No. 2021-54. A. Aborted Children Memorial Plaque (At the Request of Council Member Alexander) Page 11 City Council Agenda October 26, 2021 ADJOURNMENT The next regular meeting of the City Council will be held on Tuesday, November 9, 2021, at 5:30 p.m., for a Closed Session, with regular session commencing at 7:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC The full agenda packet (including staff reports, public closed session information, and any supplemental material available after the original posting of the agenda), distributed to a majority of the City Council regarding any item on the agenda, will be available for public viewing in the main reception area of the Temecula Civic Center during normal business hours at least 72 hours prior to the meeting. The material will also be available on the City's website at TemeculaCa.gov. and available for review at the respective meeting. If you have questions regarding any item on the agenda, please contact the City Clerk’s Department at (951) 694-6444. Page 12