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 23, 2023 - 6:00 PM CLOSED SESSION - 5:00 PM CONFERENCE WITH LEGAL COUNSEL – INITIATION OF 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 and the City Council will decide whether to initiate litigation. CALL TO ORDER: Mayor Zak Schwank INVOCATION: Rabbi Yonasan Abrams of Chabad of Temecula FLAG SALUTE: Scout Master Tomas Villanueva ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart PRESENTATIONS Presentation of Proclamation for Public Works Week Presentation of the California Park & Recreation Society Awards of Excellence Presentation by Troop 309 G (Michelle’s Place) and Troop 309 B (Saint Mother Teresa) Regarding U.S. Flag Program for Temecula Residents BOARD / COMMISSION REPORTS Planning Commission and Race, Equity, Diversity and Inclusion Commission PUBLIC SAFETY REPORT County of Riverside, Fire Department (CAL FIRE) 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 included into Page 1 City Council Agenda May 23, 2023 the record. Still images may be displayed on the projector. All other audio and visual use is prohibited. 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. 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 included into the record. 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. 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 Title and Text of All Ordinances and Resolutions Included in the Agenda Recommendation: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda. Attachments: Agenda Report 2. Approve Action Minutes of May 9, 2023 Recommendation: That the City Council approve the Action Minutes of May 9, 2023. 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 Page 2 City Council Agenda May 23, 2023 4. Approve City Treasurer’s Report as of January 31, 2023, February 28, 2023, and March 31, 2023 Recommendation: That the City Council approve and file the City Treasurer's Report as of January 31, 2023, February 28, 2023, and March 31, 2023. Attachments: Agenda Report January Treasurer's Report February Treasurer's Report March Treasurer's Report 5. Approve Second Amendment with Eide Bailly, LLP for Audit Services for the Fiscal Years Ending June 30, 2023, 2024 and 2025 Recommendation: That the City Council: 1. Approve the second amendment with Eide Bailly, LLP, Certified Public Accountants, to serve as the City’s auditors for the fiscal years ending June 30, 2023, through June 30, 2025, for a total amount not to exceed $251,473; and 2. Authorize the City Manager to approve additional work up to ten percent (10%) of the amount of the agreement as approved by City Council. Attachments: Agenda Report Second Amendment 6. Adopt List of Projects to be Funded by Senate Bill One (SB 1) for Fiscal Year 2023-24 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 2023-24 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 Attachments: Agenda Report Resolution 7. Approve Agreement with Keyser Marston Associates, Inc. for the Fiscal Land Use Opportunity Study Recommendation: That the City Council approve the agreement with Keyser Marston Associates, Inc. for the Fiscal Land Use Opportunity Study in support of the General Plan update. Page 3 City Council Agenda May 23, 2023 Attachments: Agenda Report Agreement 8. Approve License Agreement with Flatiron West, Inc. for Access on City-Owned Properties in Connection with Construction of the I-15 / French Valley Parkway Improvements - Phase II Project, PW16-01 Recommendation: That the City Council approve a license agreement with Flatiron West, Inc. for access onto City-owned properties, APN 916-400-013 and 916-400-018, in connection with construction of the I-15 / French Valley Parkway Improvements - Phase II project, PW16-01. Attachments: Agenda Report License Agreement Location Map 9. Approve the Right of Entry Agreement with the California Department of Fish and Wildlife on City-Owned Properties within Murrieta Creek and Temecula Creek Recommendation: That the City Council approve the Right of Entry Agreement with the California Department of Fish and Wildlife on City-Owned Properties within Murrieta Creek and Temecula Creek identified by Assessor Parcel Numbers 922-210-060, 961-440-012, 961-450-015, 961-450-011, 961-450-064 and 961-450-001. Attachments: Agenda Report Right of Entry Agreement 10. Approve Plans and Specifications and Authorize Solicitation of Construction Bids for the I-15 Congestion Relief Project, PW19-02 Recommendation: That the City Council approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the I-15 Congestion Relief Project, PW19-02. Attachments: Agenda Report Location Map CIP Budget Project Sheet 11. Approve Plans and Specifications and Authorize Solicitation of Construction Bids for the Michael “Mike” Naggar Community Park Dog Park Project, PW21-14 Recommendation: That the City Council: 1. Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Michael “Mike” Naggar Community Park Dog Park Project, PW21-14; and Page 4 City Council Agenda May 23, 2023 2. Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15303, Existing Facilities, and Section 15304, Minor Alterations to Land, of the CEQA Guidelines. Attachments: Agenda Report Project Description Project Location 12. Receive and File Temporary Street Closures for 2023 Summerfest Events Recommendation: That the City Council receive and file the temporary closure of certain streets for the following 2023 Summerfest Events: JUNETEENTH 4TH OF JULY PARADE 4TH OF JULY FIREWORKS SHOW ESCAPE JOURNEY TRIBUTE BAND CONCERT TEMECULA SUNSET MARKET NATIONAL NIGHT OUT Attachments: Agenda Report Exhibit A Exhibit B Exhibit C 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 May 23, 2023 TEMECULA COMMUNITY SERVICES DISTRICT MEETING CALL TO ORDER: President James Stewart ROLL CALL: Alexander, Brown, Kalfus, 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 included into the record. Still images may be displayed on the projector. All other audio and visual use is prohibited. 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. 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 included into the record. 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. 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 May 9, 2023 Recommendation: That the Board of Directors approve the action minutes of May 9, 2023. Attachments: Action Minutes 14. Set Public Hearing to Approve TCSD Proposed Rates and Charges for Fiscal Year 2023-24 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 6 City Council Agenda May 23, 2023 RESPECT TO THE PROPOSED RATES AND CHARGES FOR FISCAL YEAR 2023-24 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH Attachments: Agenda Report Resolution Preliminary Engineer's Report 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 13, 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 May 23, 2023 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 included into the record. 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 Disposition and Development Agreement Between the City of Temecula, as Housing Successor to the Former Temecula Redevelopment Agency, and Habitat for Humanity Inland Valley, Inc., Located Adjacent to the Current Habitat for Humanity Project on Pujol Street (APNs 922-062-016 and 922-062-010) Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY AND HABITAT FOR HUMANITY INLAND VALLEY, INC., AND FINDING THAT THE APPROVAL OF THIS AGREEMENT AND THE PROJECT ARE EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT Page 8 City Council Agenda May 23, 2023 REVIEW PURSUANT TO SECTIONS 15326 AND 15332 OF THE STATE CEQA GUIDELINES Attachments: Agenda Report Resolution Disposition and Development Agreement Notice of Affordability Restriction on Transfer of Property Summary 33433 Report - April 2023 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 included into the record. 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. 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. Introduce Ordinance Amending Chapter 10.44 of the Temecula Municipal Code Regarding Golf Carts on City Roadways Recommendation: That the City Council introduce an ordinance entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 10.44 OF TITLE 10 OF THE TEMECULA MUNICIPAL CODE TO DESIGNATE CERTAIN STREETS AND CROSSINGS FOR THE JOINT USE OF GOLF CARTS AND VEHICLES AND ESTABLISH RULES AND REGULATIONS FOR THE OPERATION OF GOLF CARTS ON SUCH STREETS, AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Attachments: Agenda Report Ordinance 17. Introduce Ordinance Amending Section 10.28.010(D) of the Temecula Municipal Code Regarding Prima Facie Speed Limits on Certain Streets Recommendation: That the City Council introduce an ordinance entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Page 9 City Council Agenda May 23, 2023 TEMECULA AMENDING SECTION 10.28.010(D) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS Attachments: Agenda Report Ordinance Speed Survey Update 18. Adopt Resolutions Reconstituting City of Temecula Commissions and Introduce Ordinance Repealing Temecula Municipal Code Chapters 2.44 and 2.48 Recommendation: That the City Council adopt resolutions and introduce an ordinance entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECONSTITUTING THE COMMUNITY SERVICES COMMISSION RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECONSTITUTING THE PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECONSTITUTING THE RACE, EQUITY, DIVERSITY AND INCLUSION COMMISSION RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECONSTITUTING THE TRAFFIC SAFETY COMMISSION ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REPEALING CHAPTER 2.44 AND CHAPTER 2.48 OF THE TEMECULA MUNICIPAL CODE Page 10 City Council Agenda May 23, 2023 Attachments: Agenda Report Resolution - Community Services Commission Resolution - Planning Commission Resolution - REDI Commission Resolution - Traffic Safety Commission Ordinance 19. Consider and Approve City Council Protocol Manual Policies (At the Request of Subcommittee Members Alexander and Kalfus) Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE CITY COUNCIL PROTOCOL MANUAL AND ADOPTING FOUR CITY COUNCIL POLICIES GOVERNING THE OPERATIONS OF THE CITY COUNCIL Attachments: Agenda Report Resolution Exhibit A - General Law City Policy Exhibit B - Council-Manager Government Policy Exhibit C - Role of Council Exhibit D - Selection of Mayor and Mayor Pro Tempore DEPARTMENTAL REPORTS (RECEIVE AND FILE) 20. Community Development Department Monthly Report Attachments: Agenda Report Planning Activity Report 21. Fire Department Monthly Report Attachments: Agenda Report Fire Monthly Report 22. Police Department Monthly Report Attachments: Agenda Report 23. Public Works Department Monthly Report Attachments: Agenda Report Project Status Report Page 11 City Council Agenda May 23, 2023 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. No substantive discussion on the subject of the motion may occur. 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 13, 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 12