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Home My WebLink About11282023 CC Action MinutesACTION MINUTES TEMECULA CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA NOVEMBER 28, 2023 - 6:00 PM COUNCIL MEMBER CURTIS BROWN TO PARTICIPATE ELECTRONICALLY VIA ZOOM FROM: SHERATON MAUI 2605 KAANAPALI PARKWAY LAHAINA, MAUI, HI 96761 CLOSED SESSION - 5:00 PM CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION. The City Council convened in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(4) with respect to two matters 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 at 6:00 PM: Mayor Zak Schwank INVOCATION: Antonio Madrigal of The Eschatologist FLAG SALUTE: Terry Gilmore ROLL CALL: Alexander, Brown (virtual), Kalfus, Schwank, Stewart PRESENTATIONS Certificates of Recognition to Temecula Preparatory School Girls Volleyball CIF Champions Certificates of Recognition to Temecula Pony All Stars 14U Western Division Champions BOARD / COMMISSION REPORTS Community Services Commission, Planning Commission and Race, Equity, Diversity and Inclusion Commission PUBLIC SAFETY REPORT County of Riverside, Riverside County Sheriffs Department PUBLIC COMMENTS - NON -AGENDA ITEMS The following individual(s) addressed the City Council: • Laurel Lamont 0 Melissa Bourbannais PUBLIC COMMENTS - AGENDA ITEMS The following individual(s) addressed the City Council: • Adam Eventov (Item # 10) • Terry Gilmore (Item #15) • Kelly Aven (Item #15) • Bob Brown (Item #15) • John Meyer (Item #15) CITY COUNCIL REPORTS CONSENT CALENDAR • Kim Wilder (Item #15) • Phyllis Ruse (Item #15) • Ginger Safstrom (Item #15) • Gary Oddi (Item # 16 and # 17) Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (5-0): Motion by Stewart, Second by Kalf is. The vote reflected unanimous approval. 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. 2. Approve Action Minutes of November 14, 2023 Recommendation: That the City Council approve the action minutes of November 14, 2023. 3. Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO.2023-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4. Adopt Ordinance No. 2023-11 Amending Title 17 of the Temecula Municipal Code to Implement the Programs in the City's Housing Element (Second Reading) Recommendation: That the City Council adopt an ordinance entitled: ORDINANCE NO.2023-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO IMPLEMENT THE PROGRAMS IN THE CITY'S HOUSING ELEMENT BY (1) ADDING DEFINITIONS FOR AGRICULTURAL EMPLOYEE HOUSING, EMPLOYEE HOUSING, FAMILY DAY CARE HOME, LARGE FAMILY DAY CARE HOME, LOW BARRIER NAVIGATION CENTER AND SMALL FAMILY DAY CARE HOME, (2) PROVIDING THAT EMPLOYEE HOUSING AND AGRICULTURAL EMPLOYEE HOUSING ARE PERMITTED USES IN THE HR, RR, VL, L-1, L-2, LM, M, AND H ZONES, (3) PROVIDING THAT RESIDENTIAL CARE FACILITIES FOR THE ELDERLY (SEVEN OR MORE) ARE PERMITTED USES IN THE HR, RR, VL, L-1, L-2, LM, HR-SM ZONES, (4) PROVIDING THAT RESIDENTIAL CARE FACILITIES (SEVEN OR MORE) ARE PERMITTED USES IN THE HR, RR, VL, L-1, L-2, LM, M, AND HR-SM ZONES, (5) PROVIDING THAT COMMUNITY CARE FACILITIES ARE PERMITTED IN ALL RESIDENTIAL ZONES, (6) ADDING SUPPORTIVE HOUSING STANDARDS, (7) PROVIDING THAT SUPPORTIVE HOUSING, TRANSITIONAL HOUSING AND LOW BARRIER NAVIGATION CENTERS ARE PERMITTED USES IN THE NC, CC, HT, SC, PO, PI, PDO-2, PDO-4R, PDO-5, PDO-6, PDO-7, PDO-10, AND PDO-14 ZONES, (8) PROVIDING THAT TRANSITIONAL HOUSING AND SUPPORTIVE HOUSING ARE A PERMITTED USE IN THE PDO-11, PDO-12 AND PDO-15 ZONES, (9) UPDATING EMERGENCY SHELTER PARKING STANDARDS, (10) REVISING REASONABLE ACCOMMODATION REGULATIONS, (11) REVISING PARKING STANDARDS FOR MULTI -FAMILY RESIDENTIAL USES WITH 12 UNITS OR LESS, (12) MAKING OTHER REVISIONS TO CONFORM WITH CHANGES IN STATE LAW, AND (13) MAKING A FINDING THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES SECTION 15162 5. Adopt Ordinance No. 2023-12 Amending Title 17 of the Temecula Municipal Code Pertaining to Accessory Dwelling Unit Regulations (Second Reading) Recommendation: That the City Council adopt an ordinance entitled: ORDINANCE NO. 2023-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17.23 OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING UNIT (ADU) REGULATIONS AND PROVIDING THAT ADUS ARE PERMITTED IN THE PDO-5, PDO-7, PDO-9, PDO-10, PDO-11, PDO-12, AND PDO-15 ZONES, AND REVISING ADU REGULATIONS, AND MAKING A FINDING THAT THE ORDINANCE IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.17 6. Approve City Council Meeting Schedule for December 2023 Recommendation: That the City Council approve the cancellation of the December 26, 2023 meeting. 3 7. Annrove Grant Agreement with the Department of Housiniz and Urban Development for Communijy Project Funding for the DePortola Road/Jedediah Smith Road Roundabout Project, PW23-01 Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO.2023-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO APPROVE THE GRANT AGREEMENT WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR COMMUNITY PROJECT FUNDING (CPF) AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT AND ALL PERTINENT SUPPLEMENTAL DOCUMENTS 8. Approve Grant of Public Utilily Easement and Temporary Construction Easement on Property Owned by Longs Drug Stores, California, L.L.C. in Connection with the Santa Gertrudis Creek Phase II - Margarita Under-Crossing_(APN 920-080-020) Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO.2023-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN GRANT OF PUBLIC UTILITY EASEMENT AND THE TEMPORARY CONSTRUCTION EASEMENT GRANTED BY LONGS DRUG STORES CALIFORNIA, L.L.C. IN CONNECTION WITH THE SANTA GERTRUDIS CREEK PHASE II — MARGARITA UNDER -CROSSING, PW19-04 AND MAKING FINDINGS THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO SECTION 15162 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES AND SECTION 21166 OF THE PUBLIC RESOURCES CODE (APN 920-080-020) 9. Approve Agreements with Hewlett-Packard Financial Services Company for Technology Infrastructure and DataBank Holdings Ltd. for Disaster Recovery Colocation Services Recommendation: That the City Council: 1. Approve a five-year Master Lease Purchase Agreement with Hewlett-Packard Financial Services Company for equipment and services for technology infrastructure for an annual amount of $489,040.12 and a total agreement amount of $2,445,220.60 including tax; and 2. Approve a Master Services Agreement with DataBank Holdings Ltd. for disaster recovery colocation services, the cost of which is included in the lease amount; and 4 3. Approve contingency in the amount of $244,520 which is equal to 10% of the agreement amount, for a total agreement amount of $2,689,720.60. 10. Approve First Amendment to Community Reinvestment Program Funding to California State University San Marcos for Facility Improvements at Mount San Jacinto College, Temecula Valley Campus Recommendation: That the City Council: 1. Approve the first amendment to Community Reinvestment Program funding to California State University San Marcos for facility improvements at Mount San Jacinto College, Temecula Valley Campus; and 2. Authorize the City Manager to execute related amendment(s) or agreements. 11. Approve Second Amendment to Agreement with Falcon Engineering Services, Inc. for On -Call Construction Management Services Recommendation: That the City Council approve the second amendment to the agreement with Falcon Engineering Services, Inc. for on -call construction management services, to increase payment in the amount of $500,000, for a total agreement amount of $1,500,000. 12. Accept Improvements and File the Notice of Completion for the Pavement Rehabilitation Program - Citywide, Ynez Road, Solana Way, Nicolas Road and Winchester Road, PW21-10 Recommendation: That the City Council: 1. Accept the construction of the Pavement Rehabilitation Program - Citywide, Ynez Road, Solana Way, Nicolas Road and Winchester Road, PW21-10, as complete; and 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the final contract amount; and 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. RECESS: At 7:07 PM, the City Council recessed and convened as the Temecula Community Services District Meeting. At 7:12 PM the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL 1 1 PUBLIC HEARING 14. Introduce Ordinance Amending Title 5 and 17 of the Temecula Municipal Code Making Various Technical Revisions Recommendation: That the City Council introduce and read by title only an ordinance entitled: ORDINANCE NO.2023-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 5 AND 17 OF THE TEMECULA MUNICIPAL CODE MAKING MINOR REVISIONS TO MASSAGE ESTABLISHMENT, ACCESSORY DWELLING UNIT, HOME OCCUPATION PERMITS, AND TEMPORARY USE PERMIT REGULATIONS, ESTABLISH BATTERY STORAGE AND SHIPPING CONTAINER STANDARDS, CLARIFY THE PERMITTED USES ALLOWED IN THE OPEN SPACE - CONSERVATION DISTRICT, MODIFY THE DEFINITION OF SPECIALTY MARKET AND RESTAURANT, ADD DEFINITION FOR HEALTH AND EXERCISE CLUBS, MAKE OTHER CLERICAL REVISIONS AND MAKE A FINDING OF EXEMPTION UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15061 (B)(3) Approved the Staff Recommendation (5-0): Motion by Stewart, Second by Alexander. The vote reflected unanimous approval. BUSINESS 15. Approve 2023 Annual Public Recognitions Pursuant to Policy (At the Request of Subcommittee Members Alexander and Stewart) Recommendation: That the City Council approve the 2023 annual public recognitions pursuant to the related policy. Approved the Staff Recommendation (5-0): Motion by Stewart, Second by Alexander. The vote reflected unanimous approval. 16. Adopt Complete Streets Program Policy Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO.2023-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A COMPLETE STREETS PROGRAM THAT AIMS TO ENSURE ROADWAYS ACCOMMODATE AND PRIORITIZE THE NEEDS OF ALL USERS AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA 6 1 1 ENVIRONMENTAL QUALITY ACT (LONG RANGE PROJECT NO. LR23-0043) Approved the Staff Recommendation (5-0): Motion by Alexander, Second by Kalfus. The vote reflected unanimous approval. 17. Receive Update Regarding the Nicolas Road Multi -Use Trail Extension Recommendation: That the City Council affirm plans for the construction of the Nicolas Road Extension and Nicolas Road Multi -Use Trail as recommended by the Trails/Open Space Ad Hoc Subcommittee consisting of Mayor Schwank and Mayor Pro Tempore Stewart. Approved the Staff Recommendation (5-0): Motion by Alexander, Second by Kalfus. The vote reflected unanimous approval. DEPARTMENTAL REPORTS (RECEIVE AND FILE) 18. Community Development Department Monthly Report 19. Fire Department Monthly Report 20. Police Department Monthly Report 21. Public Works Department Monthly Report ITEMS FOR FUTURE CITY COUNCIL AGENDAS CITY MANAGER REPORT CITY ATTORNEY REPORT The City Attorney announced that in closed session the City Council, by a vote of 5-0, approved a settlement with Argonaut Insurance Company, the surety on the Temecula Parkway Park and Ride Project, in the amount of $136,840 for the benefit of the City. No other actions to report. ADJOURNMENT At 7:45 PM, the City Council meeting was formally adjourned to Tuesday, December 12, 2023, at 4:30 PM for Closed Session, with regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Adjourned in Memory of Retired Community Service Officer II Lynn Fanene Zak Schwank, Mayor ATTEST: Randi Johl, erk [SEAL] 1