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 MAY 24, 2022 - 6:00 PM CLOSED SESSION - 5:00 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: Capone v. City of Temecula, Riverside County Superior Court Case No. CVSW 2000825. 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)(4) 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. Based on existing facts and circumstances, the City Council will decide whether to initiate litigation. CALL TO ORDER: Mayor Matt Rahn INVOCATION: Deacon John Gabriele of St. Catherine of Alexandria Church FLAG SALUTE: Mayor Matt Rahn ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart PRESENTATIONS Proclamation for Water Safety Month BOARD / COMMISSION REPORTS Community Services Commission, Planning Commission and Race, Equity, Diversity and Inclusion Commission PUBLIC SAFETY REPORT California Department of Forestry and Fire Protection (CAL FIRE) Page 1 City Council Agenda May 24, 2022 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 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the 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 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 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the 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 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 May 10, 2022 Recommendation: That the City Council approve the action minutes of May 10, 2022. Attachments: Action Minutes 3. Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: Page 2 City Council Agenda May 24, 2022 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 November 30, 2021 Recommendation: That the City Council approve and file the City Treasurer's Report as of November 30, 2021. Attachments: Agenda Report Treasurer's Report 5. Approve Cooperative Agreement with Non-profit Seniors' Golden Years of Temecula Valley in Support of Various Senior Services Activities Recommendation: That the City Council approve a cooperative agreement with non-profit Seniors' Golden Years of Temecula Valley in support of various senior services activities. Attachments: Agenda Report Agreement 6. Approve Agreement with Temecula Valley Unified School District for Interim Use of Temecula Valley High School Pool Facilities Recommendation: That the City Council approve an agreement with Temecula Valley Unified School District for interim use of Temecula Valley High School pool facilities. Attachments: Agenda Report Agreement 7. Adopt List of Projects to be Funded by Senate Bill One (SB 1) for Fiscal Year 2022-23 Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022-23 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 Page 3 City Council Agenda May 24, 2022 Attachments: Agenda Report Resolution 8. Approve the Initial Study and Adopt a Mitigated Negative Declaration for the Diaz Road Expansion Project, PW17-25 Recommendation: That the City Council: 1. Approve the Initial Study (IS) and adopt a Mitigated Negative Declaration (MND) for the Diaz Road Expansion Project, PW17-25; and 2. Direct the Public Works Director to file the Notice of Determination (NOD). Attachments: Agenda Report Final Initial Study Notice of Determination Project Description 9. Approve Purchase and Sale Agreement for Acquisition of Certain Property Interests on Assessor’s Parcel Number 910-100-018 in Connection with I-15/French Valley Parkway Improvements - Phase II, PW16-01 Recommendation: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 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 LINDA D. HUDDLESTON, TRUSTEE, ROXANNA M. HODGES, TRUSTEE, SUSAN D. RENNO, TRUSTEE, FOURSQUARE FINANCIAL SOLUTIONS, INC., AND STEVEN WILLIAMS AND BRENDA JORDAN, SUCCESSOR CO-TRUSTEES IN CONNECTION WITH THE I-15/FRENCH VALLEY PARKWAY IMPROVEMENTS - PHASE II (PORTIONS OF APN 910-100-018) 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 11,516 square foot partial fee acquisition, the approximate 6,741 square foot temporary construction easement, and the approximate 6,901 square foot temporary construction easement on the real property located at the northwest corner of Elm Street and Jackson Page 4 City Council Agenda May 24, 2022 Avenue in Murrieta, California and identified as Assessor’s Parcel Number 910-100-018. Attachments: Agenda Report Resolution Purchase and Sale Agreement Property Depiction Project Description Project Location 10. Approve Agreement for Consultant Services with Dudek for the Citywide Drainage Master Plan, PW19-16 Recommendation: That the City Council: 1. Approve the agreement for consultant services with Dudek in the amount of $535,740.50, for professional engineering services on the Citywide Drainage Master Plan, PW19-16; and 2. Authorize the City Manager to approve extra work authorizations not to exceed the contingency amount of $53,574.00, which is approximately 10% of the agreement amount. Attachments: Agenda Report Agreement Project Description 11. Approve First Amendments to Annual Professional Services Agreements for Geotechnical and Materials Testing Services for the Department of Public Works/Capital Improvement Program (CIP) Division for Fiscal Years 2020-2024 Recommendation: That the City Council approve the first amendments to annual professional services agreements for geotechnical and materials testing services for the Department of Public Works/Capital Improvement Program (CIP) Division for Fiscal Years 2020-2024, as follows: - Geocon West, Inc., $1,000,000 total term - Leighton Consulting, Inc., $1,000,000 total term - MTGL, Inc., First Amendment, $1,000,000 total term Attachments: Agenda Report Geocon - Amendment Leighton - Amendment MTGL - Amendment Page 5 City Council Agenda May 24, 2022 12. Approve First Amendments to Annual Professional Services Agreements for Property Acquisition Services for the Department of Public Works/Capital Improvement Program (CIP) Division for Fiscal Years 2020-2024 Recommendation: That the City Council approve the first amendments to annual professional services agreements for property acquisition services for the Department of Public Works/Capital Improvement Program (CIP) Division for Fiscal Years 2020-2024, as follows: - Overland, Pacific & Cutler, LLC, $300,000 total term - Paragon Partners Consultants, Inc., $300,000 total term Attachments: Agenda Report OPC - Amendment Paragon - Amendment 13. Approve Second Amendment to the Minor Maintenance Agreement for Landscape Maintenance Services with Nieves Landscape, Inc. Recommendation: That the City Council approve the second amendment to the minor maintenance agreement for landscape maintenance services with Nieves Landscape, Inc., in the amount of $2,748,693.48 for Fiscal Year 2022-23, and approve contingency for extra work in the amount of $549,737, which is approximately 20% of the Fiscal Year 2022-23 amount. Attachments: Agenda Report Amendment 14. Approve Third Amendment to Agreement with David Evans and Associates, Inc. for the Diaz Road Expansion Project, PW17-25 Recommendation: That the City Council approve the third amendment to the agreement with David Evans and Associates, Inc., in the amount of $59,279.80, for additional contingency in support of the professional design and environmental services of the Diaz Road Expansion Project, PW17-25 and increase the City Manager’s authority to approve extra work authorizations by the same amount. Attachments: Agenda Report Amendment Project Description 15. Approve the Plans and Specifications and Authorize Solicitation of Construction Bids for the Sidewalks - Citywide - Ynez Road Between Rancho Highland and Tierra Vista Drive, PW17-28 Recommendation: That the City Council: Page 6 City Council Agenda May 24, 2022 1. Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Sidewalks - Citywide - Ynez Road between Rancho Highland and Tierra Vista Road, PW17-28; and 2. Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. Attachments: Agenda Report Project Description Project Location 16. Approve the Plans and Specifications and Authorize Solicitation of Construction Bids for the Fire Station 84 Renovation, PW19-14 Recommendation: That the City Council: 1. Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Fire Station 84 Renovation, PW19-14; and 2. Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. Attachments: Agenda Report Project Description Project Location 17. Approve the Plans and Specifications and Authorize Solicitation of Construction Bids for the Traffic Signal Installation - Citywide, Rancho California Road and Tee Drive, PW19-19 Recommendation: That the City Council: 1. Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Traffic Signal Installation - Citywide, Rancho California Road and Tee Drive, PW19-19; and 2. Make a finding that this project is exempt from the California Environmental Quality Act (CEQA) per Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. Page 7 City Council Agenda May 24, 2022 Attachments: Agenda Report Project Description Project Location Map 18. Approve the Plans and Specifications and Authorize Solicitation of Construction Bids for the Citywide Concrete Repairs Fiscal Year 2021-22 Project, PW22-01 Recommendation: That the City Council: 1. Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Citywide Concrete Repairs Fiscal Year 2021-22 Project, PW22-01; and 2. Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. Attachments: Agenda Report List of Concrete Repairs School Ramps and Striping Locations 19. Approve the Specifications and Authorize Solicitation of Construction Bids for the Pavement Rehabilitation Program - Meadowview/Paloma Del Sol Project, PW21-06 Recommendation: That the City Council: 1. Approve the specifications and authorize the Department of Public Works to solicit construction bids for the Pavement Rehabilitation Program - Meadowview/Paloma Del Sol Project, PW21-06; and 2. Make a finding that this project is exempt from the CEQA requirements pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. Attachments: Agenda Report Project Description Project Location Map - Meadowview Project Location Map - Paloma Del Sol 20. Set Public Hearing to Approve Solid Waste and Recycling and SB1383 Compliance Fee on Commercial Collection Rates for Commercial Customers for Fiscal Year 2022-23 Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Page 8 City Council Agenda May 24, 2022 TEMECULA SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION WITH THE SOLID WASTE AND RECYCLING AND SB1383 COMPLIANCE FEE ON COMMERCIAL COLLECTION RATES FOR COMMERCIAL CUSTOMERS FOR FISCAL YEAR 2022-23 Attachments: Agenda Report Resolution CR & R Rate Schedule 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 9 City Council Agenda May 24, 2022 TEMECULA COMMUNITY SERVICES DISTRICT MEETING CALL TO ORDER: President James Stewart 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 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the 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 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 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the 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 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. 21. Approve Action Minutes of May 10, 2022 Recommendation: That the City Council approve the action minutes of May 10, 2022. Attachments: Action Minutes 22. Set Public Hearing to Approve TCSD Proposed Rates and Charges for Fiscal Year 2022-23 Recommendation: That the Board of Directors adopt a resolution entitled: RESOLUTION NO. CSD A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACKNOWLEDGING THE FILING OF A REPORT WITH Page 10 City Council Agenda May 24, 2022 RESPECT TO THE PROPOSED RATES AND CHARGES FOR FISCAL YEAR 2022-23 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH Attachments: Agenda Report Resolution Exhibit A 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, June 14, 2022, at 4:30 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. Page 11 City Council Agenda May 24, 2022 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 a project at the time of the hearing. If you challenge a project 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 public hearings each speaker is limited to 5 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the 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 and/or applicant has the burden of proof and, therefore, shall be allowed 15 minutes for an initial presentation, and an additional 10 minutes for rebuttal by its development team following other comments on the matter. An appellant, other than the property owner and/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 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 property owner, applicant or appellant. All other members of the public may speak during the public hearing for a maximum period of 5 minutes each. Deferral of one speaker’s time to another is not permitted. In the event of 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. 23. Adopt an Ordinance Repealing and Replacing Title 6 of the Temecula Municipal Code and Make Modifications to Title 17 of the Temecula Municipal Code Regarding the Keeping, Maintenance, and Possession of Dogs, Cats, Fowl and Other Animals (Long Range Project Number LR21-0130) Recommendation: That the City Council introduce and read by title only an ordinance entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REPEALING AND REPLACING TITLE 6 OF THE TEMECULA MUNICIPAL CODE REGARDING THE KEEPING, MAINTENANCE, AND POSSESSION OF DOGS, CATS, FOWL, AND OTHER ANIMALS AND PROVIDING FOR THE CONTROL, Page 12 City Council Agenda May 24, 2022 LICENSING, AND WELFARE THEREOF, MODIFYING TITLE 17 OF THE TEMECULA MUNICIPAL CODE REGARDING ANIMAL KEEPING AND MAKING A FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) OURSUANT TO CEQA GUIDELINES SECTION 15061 (B)(3) (LONG RANGE PLANNING PROJECT NO. LR21-0130) Attachments: Agenda Report Ordinance Planning Commission Resolution No. 2022-13 Notice of Public Hearing 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 5 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the 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 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. Consider Update Regarding Proposed Memorial and Monument Policy (At the Request of Subcommittee Members Alexander and Stewart) Recommendation: That the City Council consider an update for the proposed memorial and monument policy and provide general direction regarding the same. Attachments: Agenda Report 25. Consider Development of an Aquatics Center (At the Request of Council Member Stewart) Recommendation: That the City Council consider opportunities for the development of an aquatics center and provide general direction regarding the same. Attachments: Agenda Report DEPARTMENTAL REPORTS (Receive and File) 26. City Council Travel/Conference Report Attachments: Agenda Report Itinerary 27. Community Development Department Monthly Report Attachments: Agenda Report Planning Activity Report Page 13 City Council Agenda May 24, 2022 28. Fire Department Monthly Report Attachments: Agenda Report Fire Department Report 29. Public Works Department Monthly Report Attachments: Agenda Report Project Status 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 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 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. CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT The next regular meeting of the City Council will be held on Tuesday, June 14, 2022, at 4:30 p.m., for a Closed Session, with regular session commencing at 6:00 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 14