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 13, 2022 - 6:00 PM CALL TO ORDER: Mayor Matt Rahn INVOCATION: Minister Dale Wiloughby of Abundant Life Apostolic Community Church FLAG SALUTE: Mayor Matt Rahn ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart PRESENTATIONS - NONE BOARD / COMMISSION REPORTS Community Services Commission and Planning 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 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. Page 1 City Council Agenda December 13, 2022 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 November 29, 2022 Recommendation: That the City Council approve the action minutes of November 29, 2022. 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 the Amended Salary Schedule to Include Minimum Wage Adjustments Effective January 1, 2023 Recommendation: That the City Council approve the Amended Salary Schedule to be effective January 1, 2023. Page 2 City Council Agenda December 13, 2022 Attachments: Agenda Report Salary Schedule 5. Adopt Amended and Restated City of Temecula Section 125 Cafeteria Plan and Adoption Agreement Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE AMENDED AND RESTATED CITY OF TEMECULA SECTION 125 CAFETERIA PLAN AND THE AMENDED AND RESTATED SECTION 125 CAFETERIA PLAN ADOPTION AGREEMENT Attachments: Agenda Report Resolution Cafeteria Plan Document Cafeteria Plan Adoption Agreement 6. Adopt Resolution for Fire Mitigation Assistance Grant [Fairview Fire] Governing Body Designating Certain City Officials to Execute Applications and Documents for the Purposes of Obtaining Grant Funding Through the California Governor’s Office of Emergency Services Recommendation: That the City Council adopt resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, DESIGNATING AND AUTHORIZING CERTAIN CITY OFFICIALS TO EXECUTE APPLICATIONS AND DOCUMENTS FOR THE PURPOSES OF OBTAINING FEDERAL FINANCIAL ASSISTANCE FOR ANY EXISTING OR FUTURE GRANT PROGRAM INCLUDE, BUT NOT LIMITED TO FEDERALLY DECLARED DISASTER (DR), FIRE MITIGATION ASSISTANCE GRANT (FMAG), CALIFORNIA STATE ONLY DISASTER (CDAA), IMMEDIATE SERVICES PROGRAM (ISP), HAZARD MITIGATION GRANT PROGRAM (HMGP), BUILDING RESILIENT INFRASTRUCTURE AND COMMUNITIES (BRIC), FLOOD MITIGATION ASSISTANCE PROGRAM (FMA), AND NATIONAL EARTHQUAKE HAZARDS REDUCTION PROGRAM (NEHRP) Attachments: Agenda Report Resolution Office of Emergency Services Resolution Page 3 City Council Agenda December 13, 2022 7. Adopt Resolution Approving the Funding Agreement for Removal of Debris Materials with Riverside County Flood Control and Water Conservation District Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE “FUNDING AGREEMENT - REMOVAL OF DEBRIS MATERIALS” BETWEEN THE CITY OF TEMECULA AND RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND DETERMINING THAT THE AGREEMENT IS EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15061 (B)(3) OF THE CEQA GUIDELINES Attachments: Agenda Report Resolution Agreement 8. Approve Increase to the Construction Contingency Authorization for the Pavement Rehabilitation Program - Meadowview/Paloma Del Sol Project, PW21-06 Recommendation: That the City Council: 1. Approve an increase to the contingency for construction of the Pavement Rehabilitation Program - Meadowview/Paloma Del Sol Project, PW 21-06 by $200,000; and 2. Increase the City Manager Authority to approve construction contract change orders by $200,000. Attachments: Agenda Report Project Description Project Location Map 9. Authorize the Purchase of Traffic Equipment for the Emergency Vehicle Pre-Emption Upgrade Program, Flashing Beacons & Speed Advisory Signs, and the Traffic Signal Equipment Enhancement Program for the Department of Public Works - Traffic Division Recommendation: That the City Council authorize the purchase of traffic equipment for the Emergency Vehicle Pre-Emption Upgrade Program, Flashing Beacons & Speed Advisory Signs, and the Traffic Signal Equipment Enhancement Program for the Department of Public Works - Traffic Division, in the amount of $600,000. Page 4 City Council Agenda December 13, 2022 Attachments: Agenda Report 10. Approve Parcel Map 37510 (Located Approximately 130 Feet North of the Intersection of Main Street and Pujol Street on the East Side of Pujol Street) Recommendation: That the City Council: 1. Approve Parcel Map 37510 in conformance with the Conditions of Approval; and 2. Approve the Subdivision Improvement Agreement with the developer; and 3. Approve the Subdivision Monumentation Agreement with the developer; and 4. Authorize the City Manager to execute the agreements on behalf of the City. Attachments: Agenda Report Vicinity Map Parcel Map Fees and Securities Report 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 December 13, 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. 11. Approve Action Minutes of November 29, 2022 Recommendation: That the Board of Directors approve the action minutes of November 29, 2022. Attachments: Action Minutes CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTOR REPORTS Page 6 City Council Agenda December 13, 2022 CSD ADJOURNMENT The next regular meeting of the Temecula Community Services District will be held on Tuesday, January 10, 2023, 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 7 City Council Agenda December 13, 2022 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY CALL TO ORDER: Chair Matt Rahn 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 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. 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 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. 12. Approve Action Minutes of November 29, 2022 Recommendation: That the Board of Directors approve the action minutes of November 29, 2022. Attachments: Action Minutes 13. Approve Recognized Obligation Payment Schedule and Administrative Budget for the Period of July 1, 2023 Through June 30, 2024 (ROPS 23-24) Recommendation: That the Board of Directors adopt resolutions entitled: RESOLUTION NO. SARDA A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT Page 8 City Council Agenda December 13, 2022 AGENCY APPROVING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD OF JULY 1, 2023 THROUGH JUNE 30, 2024 PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH RESOLUTION NO. SARDA A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE PROPOSED ADMINISTRATIVE BUDGET PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH Attachments: Agenda Report Resolution - ROPS Exhibit A - ROPS Resolution - Budget Exhibit A - Budget SARDA EXECUTIVE DIRECTOR REPORT SARDA BOARD OF DIRECTOR REPORTS SARDA ADJOURNMENT The next regular meeting of the Successor Agency to the Redevelopment Agency will be held on Tuesday, January 10, 2023, 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 9 City Council Agenda December 13, 2022 TEMECULA HOUSING AUTHORITY - NO MEETING TEMECULA PUBLIC FINANCING AUTHORITY - NO MEETING JOINT MEETING - CITY COUNCIL / TEMECULA PUBLIC FINANCING AUTHORITY CITY COUNCIL / TPFA BUSINESS 14. Approve the Debt/Liability Paydown Strategy (At the Request of Subcommittee Members Mayor Rahn and Council Member Edwards) Recommendation: That the City Council/Board of Directors: 1. Adopt the Amended Budget and Fiscal Policies to include the Debt/Liability Paydown Strategy Policy; and 2. Adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE PREPAYMENT OF FINANCING LEASE AGREEMENTS ENTERED INTO BY THE CITY OF TEMECULA IN 2011 AND 2018 RELATING TO THE FINANCING AND REFINANCING OF CAPITAL PROJECTS FOR THE CITY AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO 3. Adopt a resolution entitled: RESOLUTION TPFA NO. A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY APPROVING THE PREPAYMENT OF FINANCING LEASE AGREEMENTS ENTERED INTO BY THE CITY OF TEMECULA IN 2011 AND 2018 RELATING TO THE FINANCING AND REFINANCING OF CAPITAL PROJECTS FOR THE CITY AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO 4. Adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Page 10 City Council Agenda December 13, 2022 TEMECULA, AUTHORIZING THE TRANSFER OF $5,000,000 FROM THE CITY’S PENSION RATE STABILIZATION TRUST TO MAKE AN ADDITIONAL DISCRETIONARY PAYMENT TO CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM 5. Appropriate $19,913,606 in Available General Fund Balance to pay off the Civic Center Loan ($12,624,607), the Margarita Recreation Center Loan ($5,038,999) and pay an Additional Discretionary Payment to CalPERS for the City’s Unfunded Liability ($2,250,000); and 6. Appropriate $5,000,000 in Available Pension Trust Funds to pay an Additional Discretionary Payment to CalPERS for the City’s Unfunded Liability. Attachments: Agenda Report Amendment City Resolution - Facility Debt Payoff TPFA Resolution - Facility Debt Payoff City Resolution - Trust Withdrawal CITY COUNCIL / TPFA ADJOURNMENT Page 11 City Council Agenda December 13, 2022 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. 15. Approve Second Amendment to the Development Agreement By and Between the City of Temecula and Lennar Homes, Inc., a California Corporation and Winchester Hills I LLC, a California Limited Liability Company (Planning Application No. PA21-0128) Recommendation: That the City Council conduct a public hearing and approve a second amendment to the development agreement by and between the City of Temecula and Lennar Homes, Inc., a California Corporation and Winchester Hills I LLC, a California Limited Liability Company (Planning Application No. PA21-0128) and introduce and read by title only an ordinance entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND LENNAR HOMES, INC., A CALIFORNIA CORPORATION AND WINCHESTER HILLS I LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (PLANNING APPLICATION NO. PA21-0128) Page 12 City Council Agenda December 13, 2022 Attachments: Agenda Report Aerial Map Ordinance Exhibit A Planning Commission Resolution No. 2022-35 Notice of Exemption Notice of Public Hearing 16. Receive and File Assembly Bill (AB) 1600 Financial Reports - Fiscal Year 2021-22 Development Impact Fee Expenditures Recommendation: That the City Council conduct a public hearing and receive and file Assembly Bill (AB) 1600 Financial Reports - Fiscal Year 2021-22 Development Impact Fee Expenditures. Attachments: Agenda Report Summary of Development Impact Fees AB 1600 Reports 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. 17. Receive Status Update and Provide Final Direction on the Public Recognitions Policy (At the Request of Subcommittee Members Alexander and Stewart) Recommendation: That the City Council receive a status update and provide final direction on the City's Public Recognition Policy. Attachments: Agenda Report 18. Approve Amendment No. 5 to City Manager Aaron Adams’ Employment Agreement Recommendation: That the City Council approve Amendment No. 5 to City Manager Aaron Adams' Employment Agreement. Attachments: Agenda Report Amendment No. 5 Original Agreements and Amendments No. 1 thru 4 Page 13 City Council Agenda December 13, 2022 19. Accept the November 8, 2022 General Municipal Election Declaration of Results and Conduct Swearing-In Ceremony Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW Attachments: Agenda Report Resolution Exhibit A 20. Appoint the Mayor, Mayor Pro Tempore, President, Vice-President for Calendar Year 2023 Recommendation: That the City Council/Board of Directors: 1. Appoint the Mayor and Mayor Pro Tempore, effective January 1, 2023, to serve in this capacity until December 31, 2023; and 2. Appoint the President and Vice-President, effective January 1, 2023 to serve in this capacity until December 31, 2023. Attachments: Agenda 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 Page 14 City Council Agenda December 13, 2022 ADJOURNMENT The next regular meeting of the City Council will be held on Tuesday, January 10, 2023, 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 15