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HomeMy WebLinkAbout2009-01-27 City Council Agenda Item No. 2 CITY 4F ,, LAKE LSI OP DREAM EXTREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: JANUARY 27, 2009 SUBJECT: APPROVAL OF MINUTES Discussion The following City Council Minutes are submitted for approval: a) Joint City Council /Redevelopment Agency Meeting -- January 13, 2009 b) Regular Meeting of the City Council — January 13, 2009. Recommendation Approve the Minutes as submitted. Prepared by: Carol Cowley Interim City Clerk Approved by: Robert A. Bradyi �� City Manager i Agenda Item No. 2 Page 1 of 18 MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 13, 2009 CALL TO ORDER — 4:00 P.M. Mayor Magee called the meeting to order at 4:08 pm. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM MELENDEZ COUNCILWOMAN BHUTTA arrived at 4:09 pm COUNCILMAN HICKMAN ABSENT: COUNCILMAN BUCKLEY Also present: City Manager Brady, City Attorney Mann, Acting Administrative Services Director Riley, Acting Community Development Director Weiner, Public Works Director /City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Parks and Recreation Director Gonzales, Information /Communications Manager Dennis and Interim City Clerk Cowley. CLOSED SESSION 1(a) CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: (1 potential case). Mayor Magee indicated that there is an item the Council may want to add to the closed session agenda if all council members are in attendance. He noted for the record that it requires four -fifths vote to add an item to the agenda. He informed the audience that Council would move forward on the agenda and when the remaining Council Members arrive, he will entertain a motion to add the item to the closed session. PRESENTATIONS /CEREMONIALS Council recognition of the Business of the Quarter (Fall) — Mission Oaks National Bank Agenda Item No. 2 Page 2 of 18 Chamber of Commerce Update Council recognition of Steve Wallace for assisting with Winterfest Council recognition of 2008 Mayor Daryl Hickman PUBLIC COMMENTS — NON AGENDIZED ITEMS There were no public comments. CONSENT CALENDAR (2) Approval of City Council Minutes Recommendation: Approve the following Minutes: a) Joint City Council /Redevelopment Agency — December 23, 2008. b) Regular City Council Meeting — December 23, 2008. Councilman Hickman announced that he would abstain from voting on the Minutes since he was not at the December 23, 2008, meeting. (3) Warrant List Dated December 30, 2008 Recommendation: Authorize Payment of Warrant List dated December 30, 2008. (4) Claim Against the City Recommendation: Reject the claim of Junior Morford and direct the City Clerk's office to send a letter informing the claimant of the decision. (5) I -15 /Railroad Canyon Road and I- 15/SR -74 Interchange Update Recommendation: Receive and file the report. Public Works Director /City Engineer Seumalo responded to several questions posed by Councilwoman Bhutta as to the length of time it has taken to reduce the interchange configuration, and the length of time the project has been in the planning stage indicating it has taken approximately one and one -half years for the interchange configuration and five to seven years since beginning this project. Mayor Magee indicated the Project Study Report took place in 1999 and the City is in its tenth year of this process. Agenda Item No. 2 Page 3 of 18 Councilwoman Bhutta referenced the Agenda Report and asked from whom staff was waiting for comments. Mr. Seumalo responded that staff was waiting for comments from Caltrans indicating the project design team consists of Caltrans department representatives, City staff and the design engineer. He advised it is similar to going through plan check for a development in which the City provides Caltrans with the design and Caltrans reviews the plans and provides the City with comments for corrections to Caltrans specifications. Mayor Magee commented that the City was entering its tenth year processing this project and according to Caltrans the City only has six years left to go. Mayor Magee expressed his frustration in trying to get the process expedited noting the improvement is needed sooner rather than later. His fear is the City will finally get permits and not have the funds to build the improvements. Councilman Hickman asked when the repairs of the improvements being made now will be completed. Mr. Seumalo advised that those improvements should be completed later this summer when the entire project for the interim I -15 /State Route -74 is slated to be completed. Mayor Magee asked for confirmation from Mr. Seumalo that the City was going to take care to blend the improvement of the I- 15/SR -74 and Dexter so that the City doesn't have congestion on both Dexter and the on and off ramps at the same time. Mr. Seumalo confirmed that Peter Ramius, the Project Manager was very experienced with interchange projects. He added, Mr. Ramius is also the Project construction Engineer on the Rosetta Canyon Fire Station and Park project. He stated further that staff has been working in conjunction with, and under direction of, City Manager Brady explaining they are separate projects but the City is using the benefit of their geographic location to maximize the City's benefit. PUBLIC HEARING(S) (6) Approve Community Needs Assessment Survey Results for County's 2009 -2014 Five Year Consolidated Plan Recommendation: 1. Approve the Community Needs Assessment Survey results for the County's 2009 -2014 Five Year Consolidated Plan 2. Submit approved Community Development Needs /CDBG funding priorities to the County. Mayor Pro Tem Melendez asked whether the surveys were passed out to any of the local churches when they were distributed, explaining she thought the churches would have significant insight into the needs since they typically offer assistance to their congregation. Agenda Item No. 2 Page 4 of 18 Parks and Recreation Director Gonzales responded that to his knowledge the survey was not distributed to church organizations. Councilwoman Bhutta asked how many of the surveys were returned out of the 500 that were distributed. Mr. Gonzales indicated that approximately 80 surveys were returned. Thereafter followed a discussion on the adequate number of results required to provide an accurate assessment. Mr. Gonzales advised that staff would have liked to have received 20% which would have been 100; however, the County was informed of the number of survey responses the City received and it was acceptable to the County. Councilwoman Bhutta asked whether more seniors completed the survey than other age groups commenting that the results indicated the need for senior services received the most responses and while she felt there is a need for senior services, she would like to have seen an accounting for that. Mr. Gonzales responded that the survey was handed out to individuals at the Senior Center, but staff has no indication of how many of those were returned. He noted that this survey was not a random sampling instrument; rather it was mainly targeted toward certain individuals within the City. APPEAL(S) There are no appeals scheduled. BUSINESS ITEM(S) (7) Replacement of two Police Motorcycles Recommendation: That the City Council approve the sole- source vendor and approve the purchase of two Honda ST1300PA police motorcycles using the Traffic Offender Fund. Councilwoman Bhutta asked whether there was any other use of the funds if the motorcycles were not purchased this year. City Manager Brady advised that he was unsure of the parameters of how the funds could be spent; however, there may be other equipment that can be purchased with the funds. He advised the Harleys that were being replaced had very high maintenance costs. It was his understanding that the Hondas are much more reliable. Ms. Bhutta asked what the cost for extended warranties on the Hondas was and what the warranties cover. Mr. Brady indicated it was for five years and 100,000 miles, but he did not know what it specifically covered. Councilmember Hickman asked what the Traffic Offender Fund balance was. Mr. Riley advised he would have that information available for the 7:00 pm Agenda Item No. 2 Page 5 of 18 meeting explaining further that the City received approximately $3,000 to $4,000 per month which equates to approximately $36,000 to $48,000 per year. Thereafter followed a discussion on whether there was enough funds in the Traffic Offender Fund and, if not, from which fund would the deficiency be taken, and if the funds would come out of the General Fund. Mr. Riley indicated the funds could be taken out of the General Fund but he thought the City had other fund sources that could be used, such as the COPS grant funds. Mayor Magee confirmed that the two motorcycles being replaced would be auctioned. City Manager Brady advised that the City would follow the procedures for disposing excess City property unless the police wanted to keep one as a back up unit. (8) Adoption of An Ordinance of the City Council of the City of Lake Elsinore, California, Renumbering Chapters 3, 5, 16 and 17 of the Lake Elsinore Municipal Code (Introduced and Title Read at Meeting of December 23, 2008) Recommendation: Adopt Ordinance No. Renumbering Chapters 3, 5, 6, 16, and 17 of the Lake Elsinore Municipal Code. City Manager Brady confirmed for Mayor Magee that he would provide the report on this item at the 7:00 pm meeting indicating it was merely a housekeeping item. (9) Approval of Contract with EnviroMINE, Inc. to Provide Citywide Surface Mining Inspections Recommendation: Approve a Service Contract with EnviroMINE, Inc. in a standard form approved by the City Attorney for the performance of surface mine inspections in accordance with the State requirements and authorize the City Manager to execute such standard form contract. Councilman Hickman asked what EnviroMINE charges to provide the services. Mr. Seumalo advised that the proposal includes a fee schedule and if Mr. Coalson performs the inspections his rate is $175 an hour. Mayor pro Tem Melendez asked if the cost was consistent with what the County charged. Mr .Seumalo indicated he thought it was but the City hasn't had a contract with the County for almost two years so he could not say for sure. Mayor Magee requested confirmation of the number of mines in the City, noting his recollection is there was the Wyrock, the Pacific Clay and the Nichols operation. Mr. Seumalo stated that ERM on Lakeshore Drive is also considered a mine as is MCA. Agenda Item No. 2 Page 6 of 18 Mayor Magee indicated he did not see a resume for the individual nor did he see where any one else was interviewed. Mr. Seumalo advised this was a last minute item and Council is being asked to consider this person on a one -year basis because the City needs to be in compliance with the mining regulations, Surface Mining and Reclamation Act of 1974. He advised under those regulations the City is to have the mines inspected, the files in order and the financial assurances. Since the City is no longer in a contract with the County to provide these services this component is missing. He stated it is imperative that the City move forward noting that he did speak with the individual and two of his references and staff was comfortable recommending him. Councilman Hickman asked if the State would take this over. Mr. Seumalo advised that if the City fell out of compliance, which included the inspections the State does have the option of taking over all of the City's mines. He explained the City would rather not have this happen because the City wants to maintain control with what happens after they are done with the mines. Mr. Hickman asked when the inspection was scheduled. Mr. Seumalo advised that as soon as the individual was on board the inspections would be scheduled. PUBLIC COMMENTS — NON - AGENDIZED ITEMS There were no public comments. REDEVELOPMENT AGENCY Vice - Chairwoman Bhutta called the meeting to order at 4:25 pm ROLL CALL PRESENT: VICE - CHAIRWOMAN BHUTTA MEMBER HICKMAN MEMBER MAGEE MEMBER MELENDEZ ABSENT: CHAIRMAN BUCKLEY Also present: Executive Director Brady, Agency Counsel Mann, Acting Administrative Services Director Riley, Acting Community Development Director Weiner, Public Works Director /City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Parks and Recreation Director Gonzales, Information /Communications Manager Dennis and Interim Secretary Cowley. Agenda Item No. 2 Page 7 of 18 CLOSED SESSION Agency Counsel Mann announced there are two items for closed session, both of which are to conference with real property negotiator pursuant to Government Code § 54956.8. 1(a) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code § 54956.8) Property: APN 374 - 174 -018, 374 - 262 -013 Agency Negotiator: Executive Director Brady Negotiating Parties: Lake Elsinore Redevelopment Agency and Elsinore Pioneer Lumber Company Under Negotiation: Price and terms of payment 1(b) CONFERENCE WITH REAL PROPERTY NEGOTIATIOR (Gov't Code §54956.8) Property: APN 374 -174 -013, -016, -017 Agency Negotiator: Executive Director Brady Negotiating Parties: Lake Elsinore Redevelopment Agency and Thomas A. Martin Under Negotiation: Price and terms of payment PUBLIC COMMENTS — AGENDIZED ITEMS There were no public comments. CONSENT CALENDAR (2) Approval of Redevelopment Agency Minutes Recommendation: Approve the following minute(s): a) Joint City Council /Redevelopment Agency Meeting — December 23, 2008. b) Regular Meeting — December 23, 2008. (3) Warrant List Dated December 30, 2008 Recommendation: Authorize payment of Warrant List dated December 30, 2008. PUBLIC HEARING(S) No public hearings scheduled. Agenda Item No. 2 Page 8 of 18 BUSINESS ITEM(S) No business items scheduled. PUBLIC COMMENTS — NON - AGENDIZED ITEMS There were no public comments. EXECUTIVE DIRECTOR COMMENTS There were none. LEGAL COUNSEL COMMENTS There were none. BOARDMEMBER COMMENTS There were none. There being no further business to come before the Agency Board, the meeting adjourned at 4:26 pm. The City Council reconvened at 4:26 pm. Mayor Magee advised that he was able to meet with City staff, the staff for Canyon Lake along with their Mayor to discuss a possible resolution to the lawsuit that they have filed against the City. He felt that the City may have a resolution and he would like the opportunity to discuss that in closed session this evening. He advised it requires a four -fifths vote by the City Council in order to consider it tonight since it is not currently agendized. City Attorney Mann added that the Information was not available before the 72- hour posting limit and if it is approved he will make the appropriate announcement. Councilwoman Bhutta moved to add this item to the agenda; second by Councilman Hickman. The Motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro Tem Melendez, Councilwoman Bhutta and Councilman Hickman. NOES: None. ABSENT: Councilman Buckley. City Attorney Mann announced that the City Council would conference with legal counsel on one case of anticipated litigation pursuant to Government Code § 54956.9; and based on the City Council's motion there is an additional conference with legal counsel involving pending litigation pursuant to Agenda Item No. 2 Page 9 of 18 Government Code § 54956.9(a) in the case of the City of Canyon Lake versus the City of Lake Elsinore. ADJOURNED There being no further business to come before the Council and Agency Board, the meeting was adjourned at 4:28 pm to closed session at 5:00 pm and the regular meeting at 7:00 pm. ROBERT MAGEE, MAYOR CITY OF LAKE ELSINORE AMY BHUTTA, VICE CHAIRWOMAN CITY OF LAKE ELSINORE ATTEST: CAROL COWLEY, INTERIM CITY CLERK CITY OF LAKE ELSINORE Agenda Item No. 2 Page 10 of 18 MINUTES CITY COUNCIL MEETING 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 13, 2009 CALL TO ORDER — 7:00 P.M. Mayor Magee called the meeting to order at 7:02 pm. PLEDGE OF ALLEGIANCE Mayor Magee invited Mr. Phil Williams, President of the Water District forward to lead the flag salute. INVOCATION — MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM MELENDEZ COUNCILWOMAN BHUTTA COUNCILMAN BUCKLEY COUNCILMAN HICKMAN ABSENT: None Also present: City Manager Brady, City Attorney Mann, Acting Administrative Services Director Riley, Acting Community Development Director Weiner, Public Works Director /City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Parks and Recreation Director Gonzales, Captain Cleary, Chief Hendershot Information /Communications Manager Dennis and Interim City Clerk Cowley. CLOSED SESSION REPORT City Attorney Mann advised there was one reportable action. The City Council convened in closed session regarding the pending litigation between the City of Canyon Lake and the City of Lake Elsinore. As a result of the deliberations by the City Council, the Council has agreed in conceptual terms to a settlement and directed the City Attorney's office to prepare a settlement agreement. That Settlement Agreement will be brought back before the Council in open session and will also have to be brought before the City Council of Canyon Lake. Agenda Item No. 2 Page 11 of 18 1(a) CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: (1 potential case). PRESENTATIONS /CEREMONIALS Mayor Magee invited Mr. Adams a representative of Mission Oaks National Bank to come forward to receive the Business of the Quarter Award for the Bank's investment in the community. Mr. Magee stated that a new bank has opened in spite of the economic conditions the Country is facing. He stated that Mission Oaks Bank saw the need in the community to provide another financial establishment and has taken the risk and made a major investment In the City at the corner of Highway 74 and Collier Avenue. Mr. Magee also recognized Kim Cousins, the President of the Chamber of Commerce who diligently worked on bringing this establishment to Lake Elsinore. Mr. Adams accepted the award and thanked everyone indicating the Bank was happy to be in the community and invited anyone to come see them. Council recognition of Steve Wallace for assisting with Winterfest. Mayor Magee advised that Mr. Wallace was unable to be present so he would be recognized at another time. Mayor Magee invited Council Member Hickman to the podium. He advised that each year the City Council selects from its own a mayor to serve the following year. Last year Councilman Hickman was selected to serve as Mayor of the City of Lake Elsinore, which was perhaps one of the toughest years on record. He stated that 2008 was not kind to the City nor this country; however, Daryl Hickman with his unique brand of humor and enthusiasm helped guide the City through a difficult time thanking Councilman Hickman for everything he did for the city in 2008. Mayor Magee presented Councilman Hickman with a plaque recognizing his year as Mayor. Councilman Hickman accepted the award and stated in it was his pleasure to serve the people as Mayor. He agreed it was a rough year but Council did not do anything drastic. He thanked everyone for the recognition. Chamber of Commerce Update — Natasha Johnson, Treasurer for the Lake Elsinore Chamber of Commerce and Branch Manager for the USA Federal Credit Union announced the Chamber of Commerce would celebrate its 60 Annual Installation Awards Ceremony. A Diamond Celebration on Saturday, January 24 at the Diamond Club. Information can be obtained by calling the Chamber office or by going to its website. Ms. Johnson added that the Chamber will be holding its first EWDC luncheon of the year on Thursday, February 19 also at the Diamond Club at 11:30 a.m. featuring a conversation with Mike Norton, Agenda Item No. 2 Page 12 of 18 Authority Supervisor for Lake Elsinore /San Jacinto Watershed Authority. She provided Council with statistical information indicating the Visitor's Bureau website had 65,322 visitors in 2008; 3,083 visits were for accommodations alone. The Lake Elsinore Chamber of Commerce website had 69,593 visitors in 2008. She thanked Council for its support. PUBLIC COMMENTS — NON AGENDIZED ITEMS Lorraine Watts addressed Council regarding the NAACP's 4 Annual Martin Luther King Prayer Breakfast on January 19 at the Diamond Club. The breakfast is $25 and the speakers are Reverend Brown from First Baptist Church in Perris and Rabbi Berry from Murrieta. She invited the City Council to join them. Tim Flemming addressed Council regarding National Homeless Census Week, the week of January 26 He advised that every two years HUD, in an effort to eliminate homelessness in the U.S., performs a one -day point -in -time count of sheltered and unsheltered individuals. The County activity will be held on Wednesday, January 28, 2009 and volunteers are needed for this count In Lake Elsinore. He indicated he left information sheets at the front door with phone numbers if anyone is interested. Donna Franzon addressed Council regarding the Lake Elsinore Citizen's Committee's first quarter meeting of the year on Thursday, January 29 at 7:00 pm in the Tuscany Hills Recreation Center. She advised guest Speakers will be Mayor Magee, speaking about where the City stands and where the City is going; and Lt. Russell Wilson, Lake Elsinore Sheriffs Department will be speaking on gangs, crime and crime prevention in the City. She hoped to see everyone at the meeting. She advised flyers were located on the table and the public is invited to their meetings. Chris Hyland addressed Council regarding the Lake Elsinore Historical Society historical booklets on sale. The book contains historical information on Lake Elsinore and cost $20. She indicated she had copies available at the meeting or anyone not present could call her and she would be glad to get the books to them. CONSENT CALENDAR Mayor Pro Tem Melendez moved to approve the following Consent Calendar consisting of items 2 through 5; second by Councilman Hickman who abstained as to Item 2 only. The motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro Tem Melendez, Councilwoman Bhutta, Councilman Buckley, and Councilman Hickman. NOES: None. ABSTENTION: Councilman Hickman as to Item 2 only. Agenda Item No. 2 Page 13 of 18 (2) Approval of City Council Minutes Recommendation: Approve the following Minutes: a) Joint City Council /Redevelopment Agency Meeting — December 23, 2008. b) Regular City Council Meeting — December 23, 2008. (3) Warrant List Dated December 30, 2008 Recommendation: Authorize Payment of Warrant List dated December 30, 2008. (4) Claim Against the City Recommendation: Reject the claim of Junior Morford and direct the City Clerk's office to send a letter informing the claimant of the decision. (5) I -15 /Railroad Canyon Road and I- 15/SR -74 Interchange Update Recommendation: Receive and file the report. PUBLIC HEARING(S) (6) Approve Community Needs Assessment Survey Results for County's 2009 -2014 Five Year Consolidated Plan Recommendation: 1. Approve the Community Needs Assessment Survey results for the County's 2009 -2014 Five Year Consolidated Plan 2. Submit approved Community Development Needs /CDBG funding priorities to the County. Mayor Magee opened the public hearing at 7:16 pm. Director of Parks and Recreation Gonzales presented a brief report indicating that every five years the County of Riverside is required to prepare a Consolidated Plan as a condition of receiving Community Development Block Grant (CDBG) funds from HUD. Since the City is a partner with the County in receiving funds every year staff distributed approximately 500 surveys to various members of the community and organizations on the County's behalf. Staff received approximately 80 responses, tabulated them resulting in ten priorities which are being presented to Council for consideration. He advised that upon Council approval the information will be sent to the County to be included in their Consolidated Plan. Agenda Item No. 2 Page 14 of 18 There being no one wishing to speak to this issue, The Mayor closed the public hearing at 7:17 pm. Councilwoman Bhutta moved to approve the Community Needs Assessment Survey results; second by Mayor Pro Tem Melendez. The motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro Tem Melendez, Councilwoman Bhutta, Councilman Buckley, and Councilman Hickman. NOES: None. APPEAL(S) There are no appeals scheduled. BUSINESS ITEM(S) (7) Replacement of two Police Motorcycles Recommendation: That the City Council approve the sole- source vendor and approve the purchase of two Honda ST1300PA police motorcycles using the Traffic Offender Fund. City Manager Brady provided a brief report indicating the City's police department has a mix of Harley Davidson and Honda motorcycles. Staff is recommending that two new Honda motorcycles be purchased to replace the aging Harley Davidson motorcycles. Staff has found the Hondas to be more durable and the maintenance longer lasting. He indicated that eventually all of the Harley Davidson motorcycles will be replaced with Hondas. Staff is recommending the use of the Traffic Offender Fund to purchase two new motorcycles. Chris Hyland addressed Council expressing her support of the purchase of two new Honda motorcycles. She indicated she has been a crusader for motorcycle officers for years providing a history of her plight to get motorcycle officers for the protection of children and citizens in the City and acknowledging the success of the program citing an example for Council. She expressed her support for the two new motorcycles. Councilman Hickman confirmed the account balance In the Traffic Offender Fund with Acting Administrative Services Director Riley was $71,000 and the cost of the two motorcycles was $66,000, not requiring additional funding from another source. Councilman Hickman moved to approve this item; second by Mayor Pro Tem Melendez. AYES: Mayor Magee, Mayor Pro Tem Melendez, Councilwoman Bhutta, Councilman Buckley, and Councilman Hickman. NOES: None. Agenda Item No. 2 Page 15 of 18 (8) Adoption of An Ordinance of the City Council of the City of Lake Elsinore, California, Renumbering Chapters 3, 5, 6, 16 and 17 of the Lake Elsinore Municipal Code (Introduced and Title Read at Meeting of December 23, 2008) Recommendation: Adopt Ordinance No. 1258 Renumbering Chapters 3, 5, 6, 16, and 17 of the Lake Elsinore Municipal Code. City Manager Brady indicated this was a housekeeping item that did require an ordinance to modify the various chapters in an effort to bring them into consistency with the numbering system in each chapter as part of the update of the City's Municipal Code. Mayor Pro Tem Melendez moved to adopt the ordinance Renumbering Chapters 3, 5, 6, 16, and 17 of the Lake Elsinore Municipal Code; second by councilwoman Bhutta. The motion unanimously carried by the following roll call vote: AYES: Mayor Magee, Mayor Pro Tem Melendez, Councilwoman Bhutta, Councilman Buckley, and Councilman Hickman. NOES: None. (9) Approval of Contract with EnviroMINE, Inc. to Provide Citywide Surface Mining Inspections Recommendation: Approve a Service Contract with EnviroMINE, Inc. in a standard form approved by the City Attorney for the performance of surface mine inspections in accordance with the State requirements and authorize the City Manager to execute such standard form contract. Director of Public Works /City Engineer provided a brief report indicating the item was an award of bid for surface mine inspection services. He advised this service is necessary as part of California Surface Mining and Reclamation Act requirements. EnviroMINE, Inc. will review all surface mine files, perform inspections, review financial assurance documents and prepare inspection reports. These services will be charged to the mine operators. Thereafter followed a brief discussion in which Mr. Seumalo responded to queries from Councilman Buckley regarding the process involved In contracting with EnviroMINE, Inc. Mr. Seumalo confirmed that EnviroMINE was referred by Nichols Mine (Castle & Cooke) and to his knowledge EnviroMlNE has never worked for Castle and Cooke. He also confirmed a conflict of Interest clause would be in the contract prohibiting EnviroMINE from working with mining companies while employed by the City. Mr. Seumalo pointed out that the EnviroMINE's proposal sets forth that EnviroMINE does not work for mining companies, they work for lead agencies. Mr. Seumalo also confirmed that the staff did not seek proposals from other mining companies to provide these services. Agenda Item No. 2 Page 16 of 18 Mayor Magee pointed out that at the review session earlier in the afternoon the number of mines in the City limits was discussed, noting there are four mines, two of which are operated by Castle & Cooke, and the others are operated by Wyrock and ERM. Councilman Hickman moved to approve the contract with EnviroMINE, Inc.; second by Mayor Pro Tem Melendez. The motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro Tem Melendez, Councilwoman Bhutta, Councilman Buckley, and Councilman Hickman. NOES: None. The City Council recessed to the Redevelopment Agency at 7:26 pm. The City Council reconvened at 7:27 pm. PUBLIC COMMENTS — NON - AGENDIZED ITEMS There were no public comments. CITY MANAGER COMMENTS The City Manager commented /announced the following: • Monday, January 19 the Dr. King Prayer Breakfast at 7:00 am to 9:30 am at the Diamond Club. The cost is $25 per person. • Saturday, January 24 the 60 Annual Installation Dinner for the Chamber of Commerce at the Diamond Club from 6:00 pm to 11:00 pm. CITY ATTORNEY COMMENTS CITY TREASURER COMMENTS City Treasurer Baldwin advised that he heard today there is a group suggesting inauguration comments for the President on the 20 One comment he thought was particularly good was, "Invest in Civic Energy — It's a Renewable Resource." City Treasurer Baldwin pointed out his joy when he read the newspaper and saw that the City got a rose for the City's website. He pointed to a rose he placed on the dais indicating that's the rose and he takes great pride in his community. CITY COUNCIL COMMENTS Councilman Hickman congratulated President -Elect O'bama for winning the Election and he congratulated Mission Oaks National Bank, which is the only community bank the City has. Agenda Item No. 2 Page 17 of 18 Councilwoman Bhutta thanked everyone for coming to the meeting and reminded everyone to shop locally and keep tax dollars in the City. Mayor Magee recognized and congratulated Animal Friends of the Valley and the Joint Powers Authority chaired by Councilman Buckley on breaking ground last Monday on the new animal shelter. He congratulated them on a big first step and hoped that in 18 months there would be a ribbon cutting on a new state of the art facility. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 7:30 pm. ROBERT MAGEE, MAYOR CITY OF LAKE ELSINORE ATTEST: CAROL COWLEY, INTERIM CITY CLERK CITY OF LAKE ELSINORE Agenda Item No. 2 Page 18 of 18