MINUTES

REDEVELOPMENT AGENCY AND CITY COUNCIL

REGULAR MEETING

SEPTEMBER 27, 2005 - 6:00 p.m.

CALL TO ORDER

The regular meeting of the City Council and Redevelopment Agency of the City of Highland was called to order at 6:04 p.m. by Mayor Jones at the Donahue Council Chambers, 27215 Base Line, Highland, California.

The invocation was given by Dr. Paul Reed of Immanuel Baptist Church and the Pledge of Allegiance was led by Mayor Pro Tem McCallon.

ROLL CALL

Present: Lilburn, McCallon, Scott, Timmer, Mayor Jones

Absent: None

SPECIAL PRESENTATIONS

There were none.

COMMUNITY INPUT

Mr. John Gamboa stated he wanted to reiterate there is a major problem with vehicles lined up on the east side of Orange Street, which states no parking, and from Fifth Street to Wyndham, cars were parked in the middle turning lane which leads into Beattie Middle School driveway. These vehicles made it very difficult to maneuver cars through this area. A phone call was made to dispatch at the Highland Police Department. It took fifteen minutes for the dispatcher to comprehend where Fifth Street and Orange Street were located. This vehicle parking situation is a problem in the afternoon and possibly in the morning.

Councilwoman Lilburn inquired if this is also a problem in the morning.

Mr. Gamboa responded he is not certain about mornings due to his being at work. He has only witnessed this after school.

Councilwoman Lilburn stated this subject was on the agenda for the Public Safety Committee. The Sheriff's station has stated they would be more aggressive and possibly will need to write more citations. Webster Street and Orange Street congestion was also discussed.

Mr. Gamboa stated Highland Grove Elementary's principal is very communicative with the parents about double parking and is very good about enforcing this.

Councilwoman Scott stated the same problem exists at Cypress Elementary and Cole Elementary schools.

Councilman Timmer stated this is a problem for parents and teachers to get involved and to help resolve the issue.

Mr. Gamboa stated he understands this. He wanted to bring the item before Council so that they are aware of the issue as this is an everyday occurrence.

Mayor Jones stated there also has been complaints about individuals riding bullet bikes on Sundays with crowds gathering to take pictures at Beattie Middle School.

Councilman Timmer stated a similar complaint was made against Cram Elementary School.

Captain Sheree Stewart stated she will have patrol do additional enforcing in the Beattie Middle School area.

Ms. Monica Floyd stated she is requesting a fence be installed around the preschool on Palm Avenue. There have been three near misses due to where the driveway is located.

Councilman Timmer stated this item was discussed at the Public Works Subcommittee meeting which approved the installation of a fence.

COUNCIL/REDEVELOPMENT CONSENT CALENDAR

City Clerk Hughes stated regarding the minutes from August 23, 2005 page 6 of 14, #11, it states Councilwoman Scott abstains. It should state Councilwoman Scott dissenting. Also, page 11 of 14, #14, states Councilman Timmer and Councilwoman Scott abstaining. It should state dissenting. On page 13 of 14, #16, has been reworded after the first sentence. "The Airport Authority has concurred with IVDA establishing an assistant director position, Michael T. Burrows. His salary will be $105,000 and will be available September 15, 2005. Don Rogers will work closely with the new assistant director."

A MOTION was made by Councilman Timmer, seconded by Councilwoman Lilburn, to approve the consent calendar as amended. Motion carried on a roll call vote, 5-0.

1. Waive the Reading of All Ordinances

Waived the reading of all Ordinances in their entirety and read by title only.

2. Minutes - August 23,2005 City Council Regular Meeting

Approved minutes as submitted.

3. Minutes - August 23, 2005 RDA Regular Meeting

Approved minutes as submitted.

4. Warrant Register

Approved Warrant Register No. 404 for September 27, 2005, in the amount of $202,543.19 and payroll of $2,865,167.83.

5. Treasurer's Report for July 2005

Received and filed Treasurer's Report for July 2005.

6. Treasurer's Report for August 2005

Received and filed Treasurer's Report for August 2005.

7. 2004/2005 Gas Tax Transfer

Approved the transfer of $1,618,884.79 of the $2,418,884.79 expended in the General Fund be reimbursed by Gas Tax funds.

8. Notice of Completion - Project No. 2002-02, "Traffic Signal Modifications at Base Line/Sterling Avenue and Base Line/Victoria Avenue, and Traffic Signal Interconnect on Base Line from Palm Avenue to 350 east of Boulder Avenue

Accepted Project No. 2002-02, "Traffic Signal Modifications at Base Line/Sterling Avenue and Base Line/Victoria Avenue, and Traffic Signal Interconnect on Base Line from Palm Avenue to 350 feet east of Boulder Avenue" as complete, authorized the Mayor to sign the Notice of Completion and directed the City Clerk to file the Notice of Completion.

9. Year-End Budget Adjustments for Fiscal Year 2004/2005

Approved budget adjustments for fiscal year 2004/2005.

10. Easement Acceptance/Wayne and Cheryl McKee (DRB 04-006)

Accepted the Grant of Easement for sidewalk purposes and directed the City Clerk to record the Grant of Easement.

11. Grant of Easement for Webster Street Sidewalk

Accepted the Grant of Easement from Steven Smith and directed the City Clerk to record the Grant of Easement.

12. Award of Bid Package No. 7 for the Project Entitled "Highland Fire Station No. 3"

Rejected the bid of West-Tech Mechanical as non-responsive for Bid Package No. 7, awarded Bid Package No. 7 to ACH Mechanical Contractors and authorized the Mayor to sign all necessary contracts once properly executed by the awarded parties.

13. Declaration of One (1) Vacant Seat on the Planning Commission to Expire May 2007

Declared one (1) seat vacant on the Planning Commission and directed the City Clerk to advertise the vacancy on the Commission.

COUNCIL/REDEVELOPMENT LEGISLATIVE

14. Franchise Agreement for Cable Television Services and Transfer of Franchise

Assistant City Manager Hughes gave a brief review of the staff report. The Cable Franchise will be for a term of 10 years. It is a non-exclusive franchise agreement which is defined as other cable operators could install parallel cable and start additional services. A small increase of .20 cents will occur on billing statements. This increase will cover the costs of the equipment needed to start a cable television channel. A Highland community bulletin board will be televised as well as the ability to broadcast any type of digital recording. The city had previously been serviced by two different cable companies. Adelphia has acquired the two companies a number of years back and has successfully merged the companies. Currently, there is only one cable company servicing Highland. There is one change to Resolution 2005-048, which is assigning the franchise of Adelphia of Inland Empire to Time Warner. In section two the following text is substituted: "Effective as of and contingent upon the occurrence of the closing assignee conveyance and agrees with the signor and with franchise authorities to assume all rights and to assume and perform all duties and obligations under the signor under the franchise agreement. The Franchise Authority reserves any and all rights with respect to any non-compliance issues that exist prior to the closing and assignee reserves any and all rights and defenses with respect to any such non compliance issues."

Councilwoman Lilburn inquired what was the outcome of the tree trimming issue.

Assistant City Manager Hughes responded the language was modified. It will state limbs less than one-inch in diameter are allowed to be trimmed.

Councilwoman Scott inquired if Highland has sole coverage of channel three, what will happen to the broadcasting of the Airport Authority and IVDA meetings.

Assistant City Manager Hughes responded if a copy of the meetings are given to us, then yes, we can re-broadcast the meetings as well.

Councilwoman Lilburn stated on the eastern side of Highland, their channel three is under Redlands' jurisdiction.

Assistant City Manager Hughes stated once this change takes place, the eastern side of Highland will be able to view our broadcast.

1. A MOTION was made by Councilman Timmer, seconded by Councilwoman Lilburn, to approve the agreement between the City of Highland, Century-TCI California, L.P., dba Adelphia Cable Communications, and Adelphia Cablevision of Inland Empire, LLC, dba Adelphia Cable Communications, granting a consolidated nonexclusive franchise to operate a cable television system in the City of Highland and setting forth terms and conditions relating to that franchise. Motion carried, 5-0.

2. A MOTION was made by Mayor Pro Tem McCallon, seconded by Councilwoman Scott, to adopt Resolution No. 2005-048 - A Resolution of the City Council of the City of Highland conditionally authorizing the assignment of a cable television franchise by Adelphia Cablevision of the Inland Empire, LLC, to Time Warner NY Cable LLC, and indirect subsidiary of Time Warner Cable, Inc. as amended. Motion carried, 5-0.

RESOLUTION NO. 2005-048

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HIGHLAND CONDITIONALLY AUTHORIZING THE

ASSIGNMENT OF A CABLE TELEVISION FRANCHISE BY

ADELPHIA CABLEVISION OF INLAND EMPIRE, LLC, TO

TIME WARNER NY CABLE LLC, AN INDIRECT

SUBSIDIARY OF TIME WARNER CABLE, INC.

3. A MOTION was made by Councilman Timmer, seconded by Councilwoman Scott, to adopt Resolution No. 2005-049 - A Resolution of the City Council of the City of Highland conditionally authorizing (1) a transfer of control of the cable television franchisee from Adelphia Communications Corporation to Comcast Cable Holding, LLC; (2) an assignment of the cable television franchise by Comcast Cable Holding, LLC, to CAC Exchange I, LLC; and (3) a transfer of control of CAC Exchange I, LLC from Comcast Corporation to Time Warner Cable, Inc. Motion carried, 5-0.

RESOLUTION NO. 2005-049

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HIGHLAND CONDITIONALLY AUTHORIZING (1) A

TRANSFER OF CONTROL OF THE CABLE TELEVISION

FRANCHISEE FROM ADELPHIA COMMUNICATIONS

CORPORATION TO COMCAST CABLE HOLDINGS, LLC;

(2) AN ASSIGNMENT OF THE CABLE TELEVISION

FRANCHISE BY COMCAST CABLE HOLDINGS, LLC, TO

CAC EXCHANGE I, LLC; AND (3) A TRANSFER OF

CONTROL OF CAC EXCHANGE I, LLC, FROM COMCAST

CORPORATION TO TIME WARNER CABLE, INC.

15. Appointment of Three (3) Members to the Building Codes Appeals Board

City Planner Mainez stated currently there are no available seats for this board. After a review of the existing codes, it was discovered there was a need to establish a Building Codes Appeals Board. Staff is recommending to City Council to select the candidates that possess the correct qualifications.

Mayor Pro Tem McCallon nominates Eric Goodman. Councilwoman Scott seconded the nomination.

Councilwoman Lilburn inquired if it was difficult to collect applications or was there a recruitment done.

City Clerk Hughes responded the appointment was advertised in the Highland Community News.

Mayor Jones nominates Shawn Birch. Councilman Timmer seconded the nomination.

Councilwoman Scott nominates Jeff Hinkley.

Councilwoman Lilburn nominates Tom Lowza.

Eric Goodman received 5 votes.

Shawn Birch received 5 votes.

Jeff Hinkley received 1 vote.

Tom Lowza received 4 votes.

The appointments shall go to Eric Goodman, Shawn Birch and Tom Lowza.

16. A Proposed Ordinance Adopting by Reference Certain County of San Bernardino's Animal Control Regulations as the City's Animal Control Regulations

City Planner Mainez gave a brief review of staff report. Most recently the City Council had adopted a new contract with the County of San Bernardino for fiscal year 2005-2006. A condition of the contract states the city must mandate its animal care and control regulations to be consistent with the county regulations.

Mayor Pro Tem McCallon stated a great deal of the county rabies code does not apply to Highland and also speaks about licensing which the city does.

City Attorney Battersby stated under the contract it is required that the city adopt the entire county animal codes either by reference or verbatim.

Mayor Jones inquired if the term as they apply in the City of Highland can be added.

Councilwoman Lilburn inquired why there is a need to adopt another ordinance in the third year of a contract.

City Attorney Battersby responded the reason is due to the city's ordinance has not been updated to coincide with the county's ordinance.

Councilwoman Scott stated the contract recently adopted ordinance should state this provision and the Council should have been aware of it. Any changes or suggestions should have taken place at the time when the contract was adopted.

Councilman Timmer stated at this time the city does have the county's ordinance in place. What is being suggested is only to adopt the necessary changes.

A MOTION was made by Councilman Timmer, seconded by Mayor Pro Tem McCallon, to Introduce Ordinance No. 299 repealing Chapters 6.04 (Animal Control), 6.06 (Rabies - Biting And Bitten Animals - Vaccination And Licensing) And 6.08 (Dog Kennels) of Title 6 (Animals) And Adding Thereto Chapter 1 (Animal Control), Chapter 2 (Rabies [Biting And Bitten Animals: Vaccination And Licensing]), Chapter 3 (Dog Kennels), And Chapter 14 (Potentially Dangerous And Vicious Dogs) of Division 2 (Animals) of Title 3 (Health And Sanitation And Animal Regulations) of The San Bernardino County Code by Reference. Motion carried, 4-1, with Councilwoman Scott dissenting.

A MOTION was made by Councilwoman Lilburn, seconded by Mayor Pro Tem McCallon, to set a public hearing for Ordinance No. 299 to be heard by the City Council at its meeting of October 25, 2005. Motion carried, 4-1, with Councilwoman Scott dissenting.

17. Proposed Ordinance No. 300 Setting the Rate of Compensation for the Highland City Council

Assistant City Manager Hughes gave a brief review of staff report.

A MOTION was made by Mayor Pro Tem McCallon, seconded by Councilwoman Lilburn, introduce Ordinance No. 300 setting the rate of compensation for the Highland City Council. Said compensation will be consistent with state legislation for cities with more than 50,000 population. Motion carried, 3-2, with Councilman Timmer and Councilwoman Scott dissenting.

Councilwoman Scott stated the first year Highland was incorporated, all five Council Members received no compensation. After the first year, $300 a month was the rate for Council Members. Medical benefits are also now allowable to Council Members. This increase for the monthly rate along with medical benefits amount to a great deal of money that could be used for the Opera by Children.

18. Update on SANBAG, SCAG, Omnitrans, Work Program and Regional/Legislative Issues/Development Issues

Mayor Pro Tem McCallon stated a meeting was held for all parties interested in the Victoria Avenue Interchange. Each of the entities agreed to participate and fund the PSR in equal amounts. Correspondence was sent to SANBAG requesting they take the lead direction in preparing and putting the PSR out to bid.

19. San Bernardino International Airport Authority and IVDA

Nothing to report.

ANNOUNCEMENTS - NONE

CLOSED SESSION - NONE

ADJOURN

There being no further business, Mayor Jones adjourned the meeting at 6:55 p.m. in memory of Mark Cox.

Submitted By: Approved By:

Betty Hughes Ross B. Jones

City Clerk   Mayor