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Home My WebLink About081010 CC Action Minutes ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE AUGUST 10, 2010 — 7:00 PM At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. 6:60 P.M': °'Closed`. Session 'of .the: City Council/Te ine'cula Redevelopment Agency - pursuant o :Government"Code Section: 1) Conference'.with "City Attorney pursuant" to Government Code Secti6n':549569(b)' w wrth�: respect to one.matter. potential litigatwn:With respect to such .matter; the f„ City Attorney has ;determined` °that a pomt.has been. reached where there significant `exposure."to litigation involvinng the,City`aP. City related enfities. based on existing facts and circumstances. Public 1.nforination;concerning' existing'litig'ation between th,e City various parties .m be'acquired by r'.eviewing the.public.docuirne held b the.:City Cler a` k. . At 6:00 P.M., Mayor Comerchero called the City Council meeting to order and recessed the meeting to Closed Session to consider the matter described for Closed Session on the agenda. CALL TO ORDER: Mayor Jeff Comerchero Prelude Music: Brianna McCall and Kylie McCall Invocation: Associate Pastor Don Hallworth of Rancho Community Church Flag Salute: Council Member Naggar ROLL CALL: Edwards, Naggar, Roberts, Washington, Comerchero PRESENTATIONS /PROCLAMATIONS Recognition of the Fourth of July sponsors Certificate of Achievement for Eagle Scout Robert James Pape PUBLIC COMMENTS No public comments were given. CITY COUNCIL REPORTS Action Minutes \081010 1 CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 2.1 Approve the action minutes of July 27, 2010. 3 List of Demands - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 10 -62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report as of June 30, 2010 - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of June 30, 2010. 5 Approve an Expenditure with Zoll Medical Corporation - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 5.1 Approve an expenditure with Zoll Medical Corporation for the purchase of three Paramedic Manual Defibrillators in the amount of $34,351.91. Action Minutes \081010 2 6 Approval of Supplemental Subdivision Improvement Agreement and Bonds for Tract Map No. 32436, (located within the Harveston Specific Plan, north of Date Street and east of Ynez Road) - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 6.1 Approve the Subdivision Improvement Agreement and accept the Faithful Performance and Labor and Material Bonds as security for the agreement; 6.2 Accept the Certificate of Deposit Agreement for Monumentation. 7 Approval of Supplemental Subdivision Improvement Agreement and Bonds for Tract Map No. 32437 -1, (located within the Harveston Specific Plan, north of Date Street and east of Ynez Road) - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 7.1 Approve the Subdivision Improvement Agreement and accept the Faithful Performance and Labor and Material Bonds as security for the agreement; 7.2 Approve the Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. 8 Approval of Supplemental Subdivision Improvement Agreement and Bonds for Tract Map No. 32437 -2 (located within the Harveston Specific Plan, north of Date Street and east of Ynez Road) - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 8.1 Approve the Subdivision Improvement Agreement and accept the Faithful Performance and Labor and Material Bonds as security for the agreement; 8.2 Approve the Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. 9 Approval of Supplemental Subdivision Improvement Agreement and Bonds for Tract Map No. 32437 -3 (located within the Harveston Specific Plan, north of Date Street and east of Ynez Road) - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 9.1 Approve the Subdivision Improvement Agreement and accept the Faithful Performance and Labor and Material Bonds as security for the agreement; Action Minutes \081010 3 9.2 Approve the Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. 10 Approval of Supplemental Subdivision Improvement Agreement and Bonds for Tract Map No. 32437, (located within the Harveston Specific Plan, north of Date Street and east of Ynez Road) - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 10.1 Approve the Subdivision Improvement Agreement and accept the Faithful Performance and Labor and Material Bonds as security for the agreement; 10.2 Approve the Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. 11 Acceptance of Improvements and Notice of Completion for the Pavement Rehabilitation of Rancho California Road — Proiect No. PW06 -14 - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 11.1 Accept the construction of the Pavement Rehabilitation of Rancho California Road, Project No. PW06 -14, as complete; 11.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract amount; 11.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 12 Award of a Construction Contract for the Citywide Slurry Seal Proiect FY2009 -10, Temeku Hills and a portion of Chardonnay Hills — Proiect No. PW10 -01 -Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 12.1 Award the construction contract for Project No. PW10 -01, Citywide Slurry Seal Project FY2009 -10, Temeku Hills and a portion of Chardonnay Hills, to American Asphalt South, Inc., in the amount of $248,331.68; 12.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $24,833.17 which is equal to 10% of the contract amount; 12.3 Make a finding that the Citywide Slurry Seal Project FY 2009 -10 Project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. Action Minutes \081010 4 13 Award of a Construction Contract to Steiny and Company. Inc. for Closed Circuit Television (CCTV) Installation on Temecula Parkway — Proiect No. PW07 -07 - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 13.1 Award the construction contract for Closed Circuit Television (CCTV) Installation on Temecula Parkway, Project No. PW07 -07, to Steiny and Company, Inc. in the amount of $102,208, which includes the base bid of $79,775 and Additive Bid No. 1 in the amount of $22,433; 13.2 Authorize the City Manger to approve change orders not to exceed the contingency amount of $20,441.60, which is equal to 20% of the contract amount; 13.3 Make a finding that the Closed Circuit Television (CCTV) Installation on Temecula Parkway Project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 14 Purchase and Installation Agreement for Implementation of the Citywide Adaptive Traffic Signal Synchronization System, Phase I and Phase II — Proiect No. PW10 -06 - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 14.1 Approve the Purchase and Installation Agreement with McCain, Inc., in the amount of $795,984; 14.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $79,598, which is equal to 10% of the contract amount; 14.3 Make a finding that the Citywide Adaptive Traffic Signal Synchronization System, Phase I and Phase II, Project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 15 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for Traffic Signal Installation on Rancho California Road at Yukon Road /Asteroid Way — Proiect No. PW09 -0 - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 15.1 Approve the Plans and Specifications for the Traffic Signal Installation on Rancho California Road at Yukon Road /Asteroid Way, Project No. PW09 -07; 15.2 Authorize the Department of Public Works to solicit construction bids for the Project. Action Minutes \081010 5 t 16 Amend the construction contingency for the Old Town Infrastructure (Town Square and Mercedes & Main Street Improvements) — Proiect No. PW06 -07 - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 16.1 Amend the construction contingency of the contract with LH Engineering Company for the Old Town Infrastructure Project (Town Square and Mercedes & Main Street Improvements) by $165,000 and adjust the City Manager's administrative approval authority accordingly. At 7:23 P.M., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 7:26 P.M., the City Council resumed with regular business. CITY COUNCIL BUSINESS 22 Intergovernmental Agreements with the Pechanga Band of Luiseno Indians for the mitigation of off - reservation impacts from the Pechanga Gaming Center pursuant to the Tribal State Compact between the Pechanga Band of Luiseno Indians and the State of California - Approved Staff Recommendation (5 -0 -0) — Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 22.1 Allocate $2 million from the City's General Fund Reserves to fund the revenue shortfall in the City's Fiscal Year 2009 -10 Budget resulting from the Tribe's failure to pay the first Annual Mitigation Fee of $2 million anticipated under the March 9, 2010 Intergovernmental Agreement with the Pechanga Band of Luiseno Indians; 22.2 Direct the City Attorney to file a legal action against the Tribe and other applicable parties to require the Tribe to mitigate the impacts of the 2006 expansion of the Gaming Center as required by the 2006 Amended Compact. City Attorney Peter Thorson provided an overview of the staff report (as per agenda material). CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson advised that with regard to the Closed Session item, under the Brown Act, there was no reportable action. Action Minutes \081010 6 ADJOURNMENT At 7:36 P.M., the City Council meeting was formally adjourned to Tuesday, August 24, 2010, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, Mayor ATTEST: Susan . J nes, MMC City Cle [SEAL] Action Minutes \081010 7