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Home My WebLink About01-13-2009 City Council Minutes n 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. I! I ! 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 n 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. n 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). PRESENT ATIONS/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. I nl I I 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. n 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 60th Annual Installation Awards Ceremony. A Diamond Celebration on Saturday, January 24th 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 19th, also at the Diamond Club at 11 :30 a.m. featuring a conversation with Mike Norton, n 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 wereJor 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 4th Annual Martin Luther King Prayer Breakfast on January 19th 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 26th. 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. n Donna Franzon addressed Council regarding the Lake Elsinore Citizen's Committee's first quarter meeting of the year on Thursday, January 29th 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 Sheriff's 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 o 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. n (2) Approval of Citv 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 Aaainst the Citv 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) 1-15/Railroad Canvon Road and 1-15/SR-74 Interchanae Update Recommendation: Receive and file the report. PUBLIC HEARING(S) n (6) Approve Communitv Needs Assessment Survev Results for Countv'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. D n 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 Motorcvcles 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. u 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. o 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. n (8) Adoption of An Ordinance of the Citv Council of the Citv of Lake Elsinore. California. Renumberina Chapters 3. 5. 6. 16 and 17 of the Lake Elsinore Municipal Code (Introduced and Title Read at Meetina 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 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 Tern 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 Tern Melendez, Councilwoman Bhutta, Councilman Buckley, and Councilman Hickman. NOES: None. (9) Approval of Contract with EnviroMINE. Inc. to Provide Citvwide Surface Minina Inspections n 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. n 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 EnviroMINE 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. ~ 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 n The City Manager commented/announced the following: . Monday, January 19th, 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 24th, the 60th 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 toda~ 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 n 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. 1\ 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. CI ATTEST: r CLERK n