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 DECEMBER 14, 2021 - 7:00 PM CALL TO ORDER: Mayor Maryann Edwards INVOCATION: Chaplain Buck Longmore, Retired Firefighter FLAG SALUTE: Mayor Maryann Edwards ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart PRESENTATIONS Presentation to John Squares and Jayden Michael Squares BOARD / COMMISSION REPORTS Community Services Commission, Planning Commission, Public/Traffic Safety Commission PUBLIC SAFETY REPORT California Department of Forestry and Fire Protection 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. Page 1 City Council Agenda December 14, 2021 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 2. Approve Action Minutes of November 23 and November 30, 2021 Recommendation: That the City Council approve the action minutes of November 23 and November 30, 2021. Attachments: 11/23/2021 Action Minutes 11/30/2021 Action Minutes 3. Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2021- 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 August 31, 2021 Recommendation: That the City Council approve and file the City Treasurer's Report as of August 31, 2021. Page 2 City Council Agenda December 14, 2021 Attachments: Agenda Report Treasurer's Report 5. Adopt Ordinance 2021-05 Amending Article I and Article XIV of Chapter 8.20 of the Temecula Municipal Code Pursuant to SB1383 Regulations (Second Reading) Recommendation: That the City Council adopt an ordinance entitled: ORDINANCE 2021-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING ARTICLE I, DEFINITIONS, OF CHAPTER 8.20 OF THE TEMECULA MUNICIPAL CODE AND AMENDING ARTICLE XIV, MANDATORY ORGANIC WASTE DISPOSAL REDUCTION, OF THE TEMECULA MUNICIPAL CODE, AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA GUIDELINES SECTIONS 15061(B)(3) AND 15308 Attachments: Agenda Report Ordinance 6. Adopt Ordinance 2021-06 Amending the Municipal Code Relating to Adjustment of Council District Boundaries to Comply with Amendments to Elections Code Sections 21600 to 21609 (Second Reading) Recommendation: That the City Council adopt an ordinance entitled: ORDINANCE NO. 2021-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 2.08.028 OF THE TEMECULA MUNICIPAL CODE RELATING TO THE ADJUSTMENT OF COUNCIL DISTRICT BOUNDARIES PURSUANT TO THE REQUIREMENTS OF ELECTIONS CODE SECTIONS 21600 TO 21609 Attachments: Agenda Report Ordinance 7. Approve Cancellation of the Regularly Scheduled Meeting of December 28, 2021 Recommendation: That the City Council approve the cancellation of the regularly scheduled meeting of December 28, 2021. Attachments: Agenda Report 8. Adopt Resolution Regarding Settlement of National Opioid Litigation Page 3 City Council Agenda December 14, 2021 Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CITY TO ENTER INTO THE SETTLEMENT AGREEMENTS WITH MCKESSON CORPORATION, CARDINAL HEALTH, INC., AMERISOURCEBERGEN CORPORATION, JOHNSON & JOHNSON, JANSSEN PHARMACEUTICALS, INC., ORTHO-MCNEIL-JANSSEN PHARMACEUTICALS, INC., AND JANSSEN PHARMACEUTICA, INC., AGREE TO THE TERMS OF THE MEMORANDUM OF UNDERSTANDING ALLOCATING SETTLEMENT PROCEEDS, AND AUTHORIZE ENTRY INTO THE MEMORANDUM OF UNDERSTANDING WITH THE ATTORNEY GENERAL AND AUTHORIZE THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY AND CONVENIENT TO IMPLEMENT THE SETTLEMENTS Attachments: Agenda Report Resolution Exhibit E - Opioid Remediation Uses Riverside County Treatment Programs 9. Authorize the Mayor to Execute the Amendment to the Joint Powers Agreement of the Western Riverside Council of Governments Recommendation: That the City Council authorize the Mayor to execute the amendment to the Joint Powers Agreement of the Western Riverside Council of Governments. Attachments: Agenda Report Amendment 10. Authorize Purchase of Additional Cameras for the Flock Automated License Plate Recognition System Recommendation: That the City Council approve the additional services agreement with Flock Group, Inc., to increase the amount of the contract in the amount of $5,500, for additional cameras to be installed as part of the Flock Automated License Plate Recognition System ("Flock System"), for a total agreement amount of $143,000. Attachments: Agenda Report Additional Services Agreement 11. Approve Assignment and Assumption Agreement for Transfer of Rights and Obligations of Development Agreement Between City of Temecula and Temecula West Village, LLC and Page 4 City Council Agenda December 14, 2021 Settlement Agreement from Temecula Valley West, LLC to SBT Altair, LLC Recommendation: That the City Council approve an Assignment and Assumption Agreement for Transfer of Rights and Obligations of Development Agreement between City of Temecula and Temecula West Village, LLC and Settlement Agreement from Temecula Valley West, LLC to SBT Altair, LLC. Attachments: Agenda Report Agreement 12. Approve Memorandum of Understanding Between the City of Temecula and the Wolf Creek Maintenance Corporation Recommendation: That the City Council approve the Memorandum of Understanding between the City of Temecula and Wolf Creek Maintenance Corporation (MOU) and authorize the City Manager to execute the memorandum. Attachments: Agenda Report Memorandum of Understanding 13. Approve Agreement with Aztec Landscape, Inc. d/b/a Aztec Janitorial, Inc., for Janitorial Services for Park Restrooms for Fiscal Year 2021-2023 Recommendation: That the City Council: 1. Approve the Minor Maintenance Agreement for Janitorial Services for Park Restrooms with Aztec Landscaping, Inc., d/b/a Aztec Janitorial, Inc., in the amount of $54,589.32 for Fiscal Year 2021-2022 and $109,178.64 for Fiscal Year 2022-2023, for a total contract amount of $163,767.96; and 2. Approve contingency for extra work in the amount of $16,377, which is approximately 10% of the agreement amount. Attachments: Agenda Report Agreement 14. Approve Agreement for Consultant Services with Jeff Katz Architecture for Community Recreation Center Splash Pad and Shade Structures, PW21-07 Recommendation: That the City Council: 1. Approve the Agreement for Consultant Services with Jeff Katz Architecture in the amount of $152,790 for the Community Recreation Center Splash Pad and Shade Structures; and 2. Authorize the City Manager to approve additional work not to exceed the contingency amount of $15,279, which is approximately 10% of the Page 5 City Council Agenda December 14, 2021 agreement amount. Attachments: Agenda Report Agreement Project Description Project Location 15. Approve First Amendment to Agreement for Minor Maintenance Services with TWM Roofing, Inc. Recommendation: That the City Council approve the First Amendment for Minor Maintenance Services with TWM Roofing, Inc. to increase payment for an additional $180,000, for a total agreement amount of $360,000. Attachments: Agenda Report First Amendment 16. Award Construction Contract to Baker Electric, Inc., for Pedestrian Signal Equipment Upgrade - Citywide, PW19-10 Recommendation: That the City Council: 1. Award a construction contract to Baker Electric, Inc., in the amount of $773,060 for the Pedestrian Signal Equipment Upgrade - Citywide, PW19-10; and 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $77,306, which is equal to 10% of the contract amount; and 3. Make a finding that the Pedestrian Signal Equipment Upgrade - Citywide, PW19-10, is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. Attachments: Agenda Report Contract Project Description Project Location Map 17. Approve Utility Agreement with Southern California Edison Company for I-15/French Valley Parkway Improvements - Phase II, PW16-01 Recommendation: That the City Council approve an agreement with Southern California Edison Company (SCE), in the amount of $972,540, to relocate utilities for the I-15/French Valley Parkway Improvements - Phase II project. Page 6 City Council Agenda December 14, 2021 Attachments: Agenda Report Utility Agreement Project Description Project Location 18. Approve Purchase and Sale Agreement for the Partial Acquisition on Assessor’s Parcel Number 916-400-054 in Connection with I-15/French Valley Parkway Improvements - Phase II, PW16-01 Recommendation: That the City Council take the following actions: 1. Adopt a resolution entitled: RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN CITY OF TEMECULA AND HOEHN ENTERPRISE 4 TEMECULA LLC IN CONNECTION WITH THE I-15/FRENCH VALLEY PARKWAY IMPROVEMENTS - PHASE II (PORTIONS OF APN 916-400-054) 2. Authorize the City Manager to approve and execute all necessary documents, including those in substantially the form attached to the Agenda Report, and take all necessary actions to effectuate the purchase of the approximate 10,114 square foot partial fee acquisition on the real property located at 40955 Temecula Center Drive, Temecula (portions of Assessor’s Parcel Number 916-400-054). Attachments: Agenda Report Resolution Purchase and Sale Agreement Project Description Project Location 19. Approve Purchase and Sale Agreement for the Partial Acquisition on Assessor’s Parcel Number 916-400-061 in Connection with I-15/French Valley Parkway Improvements - Phase II, PW16-01 Recommendation: That the City Council take the following actions: 1. Adopt a resolution entitled: RESOLUTION NO. 2021- Page 7 City Council Agenda December 14, 2021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN CITY OF TEMECULA AND HOEHN ENTERPRISE 5 TEMECULA LLC IN CONNECTION WITH THE I-15/FRENCH VALLEY PARKWAY IMPROVEMENTS - PHASE II (PORTIONS OF APN 916-400-061) 2. Authorize the City Manager to approve and execute all necessary documents, including those in substantially the form attached to the Agenda Report, and take all necessary actions to effectuate the purchase of the approximate 6,428 square foot partial fee acquisition on the real property located on Temecula Center Drive, west of Ynez Road in the City of Temecula (portions of Assessor’s Parcel Number 916-400-061). Attachments: Agenda Report Resolution Purchase and Sale Agreement Project Description Project Location 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 8 City Council Agenda December 14, 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 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. 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. 20. Approve Action Minutes of November 23, 2021 Recommendation: That the Board of Directors approve the action minutes of November 23, 2021. Attachments: Action Minutes CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTOR REPORTS Page 9 City Council Agenda December 14, 2021 CSD ADJOURNMENT The next regular meeting of the Temecula Community Services District will be held on Tuesday, January 11, 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 10 City Council Agenda December 14, 2021 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY - NO MEETING TEMECULA HOUSING AUTHORITY - NO MEETING TEMECULA PUBLIC FINANCING AUTHORITY - NO MEETING RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. For all Public Hearings 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. Email comments on all matters, including those not on the agenda, must be received prior to the time the item is called for public comments. At Public Hearings involving land use matters the property owner or the applicant/property owner has the burden of proof and, therefore, shall be allowed fifteen (15) minutes for an initial presentation and an additional ten (10) minutes for rebuttal by its development team following other comments on the matter. The Mayor may allow more time if required to provide due process for the property owner or applicant. An appellant, other than the property owner or applicant, and the spokesperson for an organized group of residents residing within the noticed area of the property, which is the subject of the Public Hearing, shall be allowed fifteen (15) minutes to present the appellant’s position to the Council. The Mayor may allow more time if required to provide due process for the appellant. All other members of the public may speak during the Public Hearing for a maximum period five (5) minutes each. Deferral of one speaker’s time to another is not permitted. In the event there is a large number of speakers, the Mayor may reduce the maximum time limit for members of the public to speak. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 21. Recommended Adoption of Resolution of Necessity for the Acquisition by Eminent Domain of Certain Real Property Interests for Public Purposes on Assessor’s Parcel Number 910-281-001 and Certain Interests in Dominant Estate Interest in APN 910-271-002 in Connection with the I-15/French Valley Parkway Improvements − Phase II Recommendation: That the City Council take the following actions: 1. Consider the following Resolution, which is a Resolution of Necessity of the City of Temecula, declaring certain real property interests necessary for public purposes and authorizing the acquisition thereof in connection with the I-15/French Valley Parkway Improvements − Phase II: RESOLUTION NO. 2021- Page 11 City Council Agenda December 14, 2021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE I-15/FRENCH VALLEY PARKWAY IMPROVEMENTS − PHASE II (CERTAIN PROPERTY INTERESTS ON APN 910-281-001 AND CERTAIN INTERESTS IN DOMINANT ESTATE INTEREST ON APN 910-271-002) 2. Open and conduct a hearing on the adoption of the proposed Resolution of Necessity, receive from City Staff the evidence stated and referred to in this Agenda Report (“Report”), take testimony from any person wishing to be heard on issues A, B, C, and D below, and consider all evidence to determine whether to adopt the proposed Resolution of Necessity. 3. If the City Council finds, based on the evidence contained and referred to in this Report, the testimony and comments submitted to the City Council, that the evidence warrants the necessary findings with respect to the proposed Resolution of Necessity, then City Staff recommends that the City Council, in the exercise of its discretion, adopt proposed Resolution No. 2021-____, (“Resolution of Necessity”), which requires a 4/5ths vote of the entire City Council, authorizing the acquisition by eminent domain of the Subject Property Interests summarized below and described more particularly in the Exhibits to the Resolution of Necessity: (i) BRE 26201 Ynez Owner, LLC, a Delaware limited liability company − Certain Real Property Interests in Connection with APN 910-281-001 and Certain Interests in Dominant Estate Interest in APN 910-271-002 · A fee interest in an approximate 177 square foot portion of APN 910-281-001 identified as Caltrans Parcel 25216-1, and described more particularly on Exhibit “A-1” to Resolution No. 2021-____. · A permanent footing easement on an approximate 500 square foot portion of APN 910-281-001 identified as Caltrans Parcel 25216-2, and described more particularly on Exhibit “A-2” to Resolution No. 2021-______. · An approximate 822 square foot temporary construction easement with a term of twenty-eight (28) months to help facilitate the City’s construction of Phase II on the portion of APN 910-281-001 identified as Caltrans Parcel 25216-3, and described more particularly on Exhibit “A-3” to Resolution No. 2021-________. Page 12 City Council Agenda December 14, 2021 · Interest of BRE 26201 Ynez Owner, LLC in and to (a) an approximate 10 square foot portion of the footing easement on the access and parking easement (dominant estate) that benefits APN 910-281-001 located on the portion of the adjacent real property identified as APN 910-271-002, which is owned by Ynez Acres II, a California general partnership, included within the legal description of Caltrans Parcel 24616-2 and (b) an approximate 215 square foot portion of the temporary construction easement with a term of twenty-eight (28) months on the access and parking easement (dominant estate) portion of APN 910-271-002 included within the legal description of Caltrans Parcel 24616-3 that the City seeks to acquire on the Ynez Acres II Parcel. Caltrans Parcel 24616-2 is described on Exhibit “A-4” to Resolution No. 2021-________. Caltrans Parcel 24616-3 is described on Exhibit “A-5” to Resolution No. 2021-________. The above real property interests required from the BRE 26201 Ynez Owner, LLC Parcel and the interests of BRE 26201 Ynez Owner, LLC in and to the approximate 10 square foot portion of BRE 26201 Ynez Owner’s dominant estate in the footing easement on APN 910-271-002 and the approximate 215 square foot portion of the temporary construction easement required from BRE 26201 Ynez Owner’s dominant estate interest in APN 910-271-002 are referred to collectively below as the “Subject Property Interests”. 4. If the City Council adopts the proposed Resolution of Necessity, authorize the City Attorney’s Office to file and prosecute eminent domain proceedings for the acquisition of the Subject Property Interests by eminent domain. 5. Authorize the City Manager to execute all necessary documents. 6. Authorize the City Clerk to certify the adoption of the Resolution of Necessity. Attachments: Agenda Report Resolution Project Description Project Location 22. Recommended Adoption of Resolution of Necessity for the Acquisition by Eminent Domain of Interests in Billboards Identified as Sign Number 33321 and Sign Number 33322 Located on Portions of the Real Properties Identified as Assessor’s Parcel Numbers 910-060-002 and 910-060-004 for Public Purposes in Connection with the I-15/French Valley Parkway Improvements − Phase II, PW16-01 Page 13 City Council Agenda December 14, 2021 Recommendation: That the City Council take the following actions: 1. Consider the following Resolution, which is a Resolution of Necessity of the City of Temecula, declaring certain real property interests necessary for public purposes and authorizing the acquisition thereof in connection with the I-15/French Valley Parkway Improvements − Phase II, PW16-01: RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE I-15/FRENCH VALLEY PARKWAY IMPROVEMENTS − PHASE II (CERTAIN REAL PROPERTY INTERESTS IN CONNECTION WITH OUTDOOR ADVERTISING STRUCTURES/BILLBOARDS IDENTIFIED AS SIGN NUMBER 33321 AND SIGN NUMBER 33322, LOCATED ON PORTIONS OF THE REAL PROPERTIES IDENTIFIED AS APNS 910-060-002 & 910-060-004) 2. Open and conduct a hearing on the adoption of the proposed Resolution of Necessity, receive from City Staff the evidence stated and referred to in this Agenda Report (“Report”), take testimony from any person wishing to be heard on issues A, B, C, and D below, and consider all evidence to determine whether to adopt the proposed Resolution of Necessity. 3. If the City Council finds, based on the evidence contained and referred to in this Report, the testimony and comments submitted to the City Council, that the evidence warrants the necessary findings with respect to the proposed Resolution of Necessity, then City Staff recommends that the City Council, in the exercise of its discretion, adopt proposed Resolution No. 2021-_____, (“Resolution of Necessity”), which requires a 4/5ths vote of the entire City Council, authorizing the acquisition by eminent domain of the Subject Property Interests summarized below and described more particularly in the Exhibits to the Resolution of Necessity: (i) Lamar Central Outdoor, Inc. − Interests in Outdoor Advertising Structures/Billboards Identified as Sign Number 33321 and Sign Number 33322 located on portions of the real properties identified as Riverside County Tax Assessor’s Parcel Numbers 910-060-002 and 910-060-004 · Certain real property interests of Lamar Central Outdoor, Inc. (“Lamar”) consisting of the interests of Lamar in and to the outdoor advertising structures/billboards identified as Sign Number 33321 and Sign Number Page 14 City Council Agenda December 14, 2021 33322, leasehold interests in connection with Sign Number 33321 and Sign Number 33322, easement interests, if any, in connection with the use of the portions of APNs 910-060-002 and 910-060-004 on which Sign Number 33321 and Sign Number 33322 are located, and goodwill relating to said outdoor advertising structures/billboards located on portions of the real properties identified as APNs 910-060-002 and 910-060-004 depicted on the Exhibits to Resolution No. 2021-________. The above interests of Lamar in and to Sign Number 33321 and Sign Number 33322, interests of Lamar in and to said structures, and leasehold interests in connection with said structures, any easement interests in connection with Sign Number 33321 and Sign Number 33322 and use of portions of APNs 910-060-002 and 910-060-004 in connection with Sign Number 33321 and Sign Number 33322 are referred to below as the “Subject Property Interests”. 4. If the City Council adopts the proposed Resolution of Necessity, authorize the City Attorney’s Office to file and prosecute eminent domain proceedings for the acquisition of the Subject Property Interests by eminent domain. 5. Authorize the City Manager to execute all necessary documents. 6. Authorize the City Clerk to certify the adoption of the Resolution of Necessity. Attachments: Agenda Report Resolution Project Description Project Location 23. Recommended Adoption of Resolution of Necessity for the Acquisition by Eminent Domain of Certain Real Property Interests for Public Purposes on Assessor’s Parcel Numbers 910-020-077, 910-060-002, 910-060-003, 910-060-009, & 910-060-015 in Connection with the I-15/French Valley Parkway Improvements − Phase II Recommendation: That the City Council take the following actions: 1. Consider the following Resolution, which is a Resolution of Necessity of the City of Temecula, declaring certain real property interests necessary for public purposes and authorizing the acquisition thereof in connection with the I-15/French Valley Parkway Improvements − Phase II: RESOLUTION NO. 2021- Page 15 City Council Agenda December 14, 2021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE I-15/FRENCH VALLEY PARKWAY IMPROVEMENTS − PHASE II (CERTAIN PROPERTY INTERESTS ON APNS 910-020-077, 910-060-002, 910-060-003, 910-060-009, & 910-060-015) 2. Open and conduct a hearing on the adoption of the proposed Resolution of Necessity, receive from City Staff the evidence stated and referred to in this Agenda Report (“Report”), take testimony from any person wishing to be heard on issues A, B, C, and D below, and consider all evidence to determine whether to adopt the proposed Resolution of Necessity. 3. If the City Council finds, based on the evidence contained and referred to in this Report, the testimony and comments submitted to the City Council, that the evidence warrants the necessary findings with respect to the proposed Resolution of Necessity, then City Staff recommends that the City Council, in the exercise of its discretion, adopt proposed Resolution No. 2021-____, (“Resolution of Necessity”), which requires a 4/5ths vote of the entire City Council, authorizing the acquisition by eminent domain of the Subject Property Interests summarized below and described more particularly in the Exhibits to the Resolution of Necessity: (i) Larchmont Park, LLC − Certain Real Property Interests on APNs 910-020-077, 910-060-002, 910-060-003, 910-060-009, & 910-060-015 · An approximate 52,090 square foot fee portion of APNs 910-020-077, 910-060-002, 910-060-003, 910-060-009, & 910-060-015 described more particularly on Exhibit “A” and roughly depicted on Exhibit “B” to Resolution No. 2021-______. · Any and all interests of Larchmont Park, LLC in and to the outdoor advertising structure/billboard and lease interests relating to said structure located on portions of APN 910-060-002 impacted by Phase II. The above approximate 52,090 square foot fee portion of APNs 910-020-077, 910-060-002, 910-060-003, 910-060-009, & 910-060-015 and Larchmont Park’s interest in and to the outdoor advertising structure/billboard and lease interests on portions of APN 910-060-002 are referred to below collectively as the “Subject Property Interests”. 4. If the City Council adopts the proposed Resolution of Necessity, authorize the City Attorney’s Office to file and prosecute eminent domain Page 16 City Council Agenda December 14, 2021 proceedings for the acquisition of the Subject Property Interests by eminent domain. 5. Authorize the City Manager to execute all necessary documents. 6. Authorize the City Clerk to certify the adoption of the Resolution of Necessity. Attachments: Agenda Report Resolution Project Description Project Location 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. 24. Appoint Members to the Old Town Local Review Board and Community Services, Public/Traffic Safety and Race, Equity, Diversity, and Inclusion Commissions Recommendation: That the City Council appoint members to the Old Town Local Review Board and the Community Services, Public/Traffic Safety and Race, Equity, Diversity, and Inclusion Commissions. Attachments: Agenda Report Old Town Local Review Board Applications Community Services Commission Applications Public Traffic/Safety Commission Applications Race, Equity, Diversity, and Inclusion Commission Applications 25. Approve Amendment to the Memorandum of Understanding (MOU) with Teamsters Local 911 Succeeding the MOU that Expires June 30, 2022; Approve Amended and Restated Management Compensation Plan; and Approve Amended Salary Schedule Recommendation: That the City Council: 1. Approve an Amendment to the Memorandum of Understanding (MOU) between the City of Temecula and the General Employees of the City of Temecula represented by the California Teamsters Public, Professional, and Medical Employee Union Local 911 (Union) effective July 1, 2021 Page 17 City Council Agenda December 14, 2021 through June 30, 2022; 2. Approve the Amended and Restated Management Compensation Plan (MCP); and 3. Approve the Amended Salary Schedule to Effective July 1, 2021. Attachments: Agenda Report Memorandum of Understanding Management Compensation Plan Salary Schedule 26. Consider Memorial and Monument Policy (At the Request of Council Member Stewart) Recommendation: That the City Council consider a memorial and monument policy and provide staff general direction regarding the same. Attachments: Agenda Report Policy - Parks and Recreation Facility Naming Ordinance - Art in Public Places Historical Information - Various Facilities and Memorials JOINT MEETING - CITY COUNCIL AND COMMUNITY SERVICES DISTRICT 27. Appoint the Mayor, Mayor Pro Tempore, President, Vice-President for Calendar Year 2021 Recommendation: That the City Council/Board of Directors: 1. Appoint the Mayor and Mayor Pro Tempore, effective January 1, 2022, to serve in this capacity until December 31, 2022; and 2. Appoint the President and Vice-President, effective January 1, 2022, to serve in this capacity until December 31, 2022. Attachments: Agenda Report DEPARTMENTAL REPORTS 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 Page 18 City Council Agenda December 14, 2021 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. State and Federal Legislative Activity (At the Request of Mayor Pro Tempore Rahn) ADJOURNMENT The next regular meeting of the City Council will be held on Tuesday, January 11, 2022, 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 19