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Home My WebLink About072611 CC Action Minutes ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET JULY 26, 2011 — 7:00 PM 6:00 P.M. - The City Council/Temecula Redevelopment Agency wili convene in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1. Conference with City Attorney pursuant to Government Code Section 54956.9(c) to decide whether to initiate litigation on behalf of the City and the Redevelopment Agency. With respect to such matter, the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City and Redevelopment Agency based on existing facts and circumstances. 2. Conference with City Council's designated representatives, Mayor, Mayor pro Tem and City Attorney, regarding salary, compensation, and benefits, and to provide instruction to its designated representatives concerning these matters, for the unrepresented position of City Manager--Nominee pursuant to the authority of Government Code Section 54957.6. The City Council will consider and discuss these .matters in a public meeting before taking any action on the approval of salary, compensation and benefits for this unrepresented position. Public Information concerning existing litigation between the City and various parties ma be acquired b reviewin the public documents held b the Cit Clerk. At 6:00 P.M., Mayor Roberts called the City Council meeting to order and recessed to Closed Session to consider the matters described on the Closed Session agenda. The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Roberts Prelude Music: Leon Palaganas Invocation: Pastor Tiffany Baker of The Empowerment Center Flag Salute: Council Member Comerchero ROLL CALL: Comerchero, Edwards, Naggar, Washington, Roberts Action Minutes\072611 1 PRESENTATIONS/PROCLAMATIONS Presentation to Richard Olson bv Senator Anderson's Office Presentation to Citv bv Plein Air, Purchase Award Winner Jack Raqland PUBLIC COMMENTS Donald Lambert addressed the City Council Members. CITY COUNCIL REPORTS 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 Comerchero; 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 Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 2.1 Approve the action minutes of July 12, 2011. 3 List of Demands — Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 11-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Action Minutes\072611 2 4 City Treasurer's Statement of Investment Policv — Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 4.1 Adopt the Treasurer's Statement of Investment Policy which provides safety, liquidity, compliance, and yield for City funds. 5 Acceqtance of Improvements and Notice of Completion 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 Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 5.1 Accept the construction of the Closed Circuit Television (CCTV) Installation on Temecula Parkway — Project No. PW07-07, as complete; 5.2 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; 5.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 6 Acceptance of Improvements and Notice of Completion for the Pavement Rehabilitation Program, Nicolas Road — Project No. PW 10-05c — Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 6.1 Accept the construction of the Pavement Rehabilitation Program, Nicolas Road — Project No. PW10-05c, as complete; 6.2 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; 6.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. Action Minutes\072611 3 7 Professional Service Aqreements for various services required bv the Public Works Capital Improvement Projects Division for fiscal year 2011-12 — Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 7.1 Approve the following agreements for Property Appraisal services, Geotechnical and Material Testing services, and Engineering and Survey services for various Capital Improvements Projects (CIP) Division project needs for fiscal year 2011- 12, in the amounts stated: Appraisal Services: CPSI, Inc. $50,000 Overland, Pacific & Cutler, Inc. $50,000 Epic Land Solutions $50,000 Geotechnical Services: Converse Consultants $100,000 Construction, Testing & Engineering $100,000 Leighton Consulting, Inc. $100,000 Engineering and Survey Services: RBF Consulting $100,000 Harris & Associates, Inc. $100,000 8 Award of a Construction Contract for the Pavement Rehabilitation Proqram, Marqarita Road Project 1— Project No. PW10-08 — Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 8.1 Award a construction contract for the Pavement Rehabilitation Program, Margarita Road Project 1— Project No. PW10-08, to R.J. Noble Company in the amount of $2,843,759.99; 8.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $284,376, which is equal to 10% of the contract amount; 8.3 Make a finding that the Pavement Rehabilitation Program, Margarita Road Project 1 is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. Action Minutes\072611 4 9 Award of a Construction Contract for the Pavement Rehabilitation Program, Winchester Road — Project No. PW 10-11 — Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 9.1 Award the construction contract for the Pavement Rehabilitation Program, Winchester Road — Project No. PW10-11, to RJ Noble Company in the amount of $1,178,654.50; 9.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $117,865.45 which is equal to 10% of the contract amount; 9.3 Make a finding that the Winchester Road project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 10 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for Pedestrian/Bicvcle Bridqe Over Santa Gertrudis Creek to Chaparral Hiqh School and Citv Trail Svstem — Project No. PW05-11 — Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 10.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek to Chaparral High School and City Trail System — Project No. PW05-11. 11 Benefit Concert, Co-Sponsorship Request — Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION 11.1 Approve a co-sponsorship agreement with Collaborative Community Education, Inc. (Context Schools of Temecula) for a Steve Miller "Cross-Over" Rock Symphony event in Old Town Temecula, contingent upon Context Schools ability to secure the funding necessary to cover the cost of event logistics. 12 Second Reading of Ordinance No. 11-05 —Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 12.1 Adopt an ordinance entitled: Action Minutes\072611 5 ORDINANCE NO. 11-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTIONS 3.28.350 AND 3.32.060 OF THE MUNICIPAL CODE REGARDING BID PROTEST PROCEDURES AND AMENDING SECTIONS 3.32.010 OF THE TEMECULA MUNICIPAL CODE REGARDING THE CONSTRUCTION OF PUBLIC PROJECTS At 7:17 P.M., the City Council convened as the Temecula Community Services District, the Redevelopment Agency, the Temecula Public Financing Authority, and the Temecula Public Financing Authority. At 7:25 P.M., the City Council resumed with regular business. CITY COUNCIL BUSINESS 24 Amendment to CaIPERS Contract — Approved Staff Recommendation (5-0-0) — Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 24.1 Adopt a resolution entitled: RESOLUTION NO. 11-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF TEMECULA AND THE BOARD OF ADMINISTRATION, CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM 24.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 11-06 � AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF TEMECULA AND THE BOARD OF ADMINISTRATION, CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM 24.3 Certify PERS Form CON-12, Certification of Governing Body's Action; � 24.4 Certify PERS Form CON-30, Certification of Compliance with Government Code Section 20475. Action Minutes\072611 6 DEPARTMENTAL REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson advised that there were no reportable actions. ADJOURNMENT At 7:28 P.M., the City Council meeting was formally adjourned to Tuesday, August 9, 2011, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Ron Roberts, Mayor ATTEST: Susan W Jones, MMC ity Cler [S� Action Minutes\072611 7