Highland, California - January 24, 2006







	Minutes City Council - 1/24/06

MINUTES

REDEVELOPMENT AGENCY AND CITY COUNCIL REGULAR MEETING

JANUARY 24, 2006 - 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 6:02 p.m. by Mayor Jones at the Donahue Council Chambers, 27215 Base Line, Highland, California.

The invocation was given by Ron Bingaman of Immanuel Baptist Church and the Pledge of Allegiance was given by Councilman Timmer.

ROLL CALL

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

Absent: None

SPECIAL PRESENTATIONS

Ms. Jennifer Oberhelman, President of the Highland Area Chamber of Commerce, gave the Annual Report on the Chamber's activities.

COMMUNITY INPUT

Mr. Donald Houghtaling stated he had attended a prior meeting with high emotions and had been unprepared. In the last three years, there have been 72 accidents that have occurred at Greenspot Road as reported in the San Bernardino County Sun newspaper. Three of these accidents have resulted in loss of lives. In the last year alone, over 100 citations have been issued between Santa Paula Street and Church Street. These statistics have been obtained from the San Bernardino County Sheriff's Department. His point being is the 100 citations is a small fraction of violations that occur on Greenspot Road everyday. The Estate of Lynn Brooks has filed a law suit against the City of Highland and has been rejected. Another suit is being prepared for wrongful death resulting from the conditions of the roadway. He believes his cause has the support of the residents of Highland. The City of Highland has received a grant in the amount of $360,000. Also, the Sun has reported $2.5 million allocated to improve the Council Chambers and to create a maintenance yard. He understands the need for the maintenance yard but sees no need for Council Chambers to be improved. He is asking the Council to allocate these monies for installation of stop lights. He is requesting a copy of the guidelines for filing petitions to submit to the residents of Highland demanding improvements to Greenspot Road.

Mr. Bill Byrd stated he has distributed copies of his concerns to staff and Council Members. There is a continuous dog problem on Elm Street between Sixth and Ninth Streets. Animal Control has been contacted and he was informed to capture the dogs and then Animal Control will pick up the dogs. Two days later the dogs are still here. There are also some residences on Elm Street that continue to have disorderly parties on a regular basis. Residents are tired of the loud music, beer bottles being everywhere and people urinating in the street. Having spoken with the Highland Sheriff's Department, he was informed these two homes where the problems are occurring, have vehicles that do not coincide with the neighborhood.

Mr. Jack Jennings stated he is sorry for the recent tragedy at Greenspot Road but installing a traffic light will not solve the problem. It has to be the people driving the automobiles responsibility to pay attention and obey all traffic laws. He travels on Greenspot Road almost every day and if you obey all traffic laws, this road is as safe as any other. He does not see a reason for a traffic light.

Mr. Bernardino Castenada stated he wanted to report the project behind his property is going very well. He is also sorry for the incident that occurred at Greenspot Road. He feels the most important element is that there is no divider installed at the center of the street. Granted we will have one when the road is extended into the Yucaipa area.

Ms. Heather Houghtaling stated she was a close friend of Ashley Marron. She has lost friends to unfortunate accidents due to the ignorance of people making mistakes and causing traffic violations. She is requesting a light be installed at Greenspot Road in Ashley's memory. Even if there is one light on Greenspot Road and a driver decides to run the light, this is a personal decision. If the person makes the right choice to stop then the oncoming traffic will have a safe chance to proceed. Can she change the City of Highland's view of safety?

Mayor Jones stated a decision has not yet been reached regarding the installation of a traffic light at Greenspot Road. The issue has been discussed at the Public Safety Subcommittee and it has been continued to the meeting of February 7 or until the police report is available, whichever occurs first. No decision has been made as information and data is still being collected.

City Manager Racadio gave a brief review of the minutes for the Public Safety Subcommittee meeting.

COUNCIL/REDEVELOPMENT CONSENT CALENDAR

A MOTION was made by Councilman Timmer, seconded by Councilwoman Scott, to approve the consent calendar as submitted with the exception of item #2, item #3 and item #7 to be pulled for further discussion, and to transfer item #11 from Council/Redevelopment Legislative to the consent calendar. 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.

4. Treasurer's Report for December 2005

Received and filed Treasurer's Report for December, 2005.

5. Warrant Register

Approved Warrant Register No. 411 for January 24, 2006, in the amount of $1,369,536.34 and Payroll of $75,943.30.

6. Claim Consideration - John Linares

Council rejected claim.

8. Notice of Completion - Project No. 2004-06, "Year 2004/2005 Overlay Project"

1. Accepted Project No. 2004-06, "Year 2004/2005 Overlay Project,"as complete;

2. Authorized the Mayor to sign the Notice of Completion; and

3. Directed the City Clerk to file the Notice of Completion.

9. Extension of Landscape Maintenance Contract with Pinnacle Landscape Company

Approved Addendum No. 3 of the Landscape Maintenance Contract with Pinnacle Landscape Company, dba Plant Control, to extend the contract for one year.

10. A Semi-annual Report of the Processing of Applications per the City Council's "Come Home to Highland" Program and Policies for the Period of July 1, 2005, to December 31, 2005

Received and filed the report.

11. Consideration of one appeal of the Planning Commission's approval of a Tentative Tract Map 17682 (SUB 05-004), Conditional Use Permit (CUP 05-003), Planned Development (PD 05-002), and associated Mitigated Negative Declaration to construct a 121 unit condominium project and accessory uses on approximately 11.5 acres generally located on the north side of 5^th Street between Boulder Avenue and Orange Street (the "Project") -- Assessor Parcel Numbers: 1201-361-04, 05, 24 & 25 (Applicant -- William Lyon Homes). The Appeal is as follows:

Appeal 05-001: An Appeal filed by William Lyon Homes, requesting: A) reconsideration of Planning Condition No. 29 requiring the construction of affordable housing units and/or payment of an in-lieu fee, B) deletion of Condition of Approval No. 26 and associated Mitigation Measure No. 20 requiring a CC&R statement that noise levels may exceed 65 Community Noise Equivalent Level (CNEL), and C) deletion of Mitigation Measure No. 21 requiring recordation of an avigation easement against the property and all 121 units of the project. (Continued from the City Council's meeting of December 13, 2005 and January 10, 2006.)

Adopted Resolution No. 06-004 deleting Mitigation Measure 21 of the Mitigated Negative Declaration and amending in part, Condition of Approval No. 29 associated with Conditional Use Permit (Cup 05-003), Planned Development (PD 05-002), and Tentative Tract Map 17682 (Sub-05-004), a one (1) lot subdivision on approximately 11.5 Acres within the City of Highland located at the northeast corner of Boulder Avenue and Fifth Street. Applicant: William Lyon Homes, Inc.

ITEMS REMOVED FROM THE CONSENT CALENDAR

2. Minutes - December 13, 2005 City Council Regular Meeting

Councilwoman Scott stated item #2 and item #3 can be discussed together. On page 2 of 29, under the subcommittee and agency appointments, a motion was made by Councilman Timmer to keep all assigned subcommittees as currently appointed with the deletion of the ICTN Channel 3, Cable TV Ad-Hoc Committee, and Boundaries Committee. She does not recall the Boundaries Committee being included. This committee needs to be reinstated.

Mayor Jones stated if we decide to re-address this issue, it can be reinstated at a later date.

Councilwoman Scott agreed.

A MOTION was made by Councilwoman Scott, seconded by Councilman McCallon, to approve the minutes as submitted. Motion carried, 5-0.

3. Minutes - December 13, 2005 RDA Regular Meeting

A MOTION was made by Councilwoman Scott, seconded by Councilman McCallon, to approve the minutes as submitted. Motion carried, 5-0.

7. Project Accounting Software

Councilwoman Scott inquired how often will the contract need to be updated. The $21,000 is a great deal of money and do we receive technical support.

Finance Officer Dantuono responded it is a one time update. The upgrades are free of charge. The support for this software is approximately $500 to $600 a year.

A MOTION was made by Councilwoman Scott, seconded by Councilman McCallon, to approve the contract with Eden Systems, Inc. Motion carried, 5-0.

COUNCIL/REDEVELOPMENT LEGISLATIVE

12. Transition from a Temporary Part-time Clerk to a Full-Time Clerk II in the City Clerk's Office

City Manager Racadio stated this is an issue of efficiency. This has been reviewed with the Finance/Personnel Subcommittee. It is being recommended to convert a temporary part-time clerk, working with the City Clerk's office, into a full-time clerk position. About three years ago, Kelly Temp Agency was utilized to assist in updating our permanent records into the archive system. Currently resolutions, ordinances, minutes, agreements, deeds, easements, liens, claims, agendas, building permits, campaign documents, prepaid warrants, etc., are being scanned in. This position can be converted from its current 30 hour week to a 40 hour week for an additional cost of $1,592.00. The additional cost can be covered by the City Clerk's budget without doing a budget transfer.

Councilwoman Scott inquired if the files being held in retention are currently up to date.

City Clerk Hughes stated files are being scanned in but are currently not being purged. Most of the documents being scanned are permanent documents wherein originals need to be kept.

A MOTION was made by Councilman McCallon, seconded by Councilman Timmer, to approve the transition from a temporary part-time Clerk to a full-time Clerk II in the City Clerk's Office. Motion carried, 5-0.

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

Councilman Timmer stated a final meeting was held to review the recommendations made by the Committee. A series of questions were presented to the Committee that LAFCO wanted to address. The Committee does recognize Plan B as an important regional plan that needs to be addressed. Some language was proposed to LAFCO pointing out Plan B is of importance and not to start any consolidation process until June 30, 2007.

Community Development Director Hartmann stated the ability to consolidate these two districts legislation sunsets in June, 2008. They will have to initiate consolidation efforts at least six months out, if not further, to get consolidation process approved. An application can be filed a day after LAFCO agrees to this committee but LAFCO is under no obligation to process the application until June, 2007.

Councilwoman Scott inquired if LAFCO will have to complete all the environmental work.

Community Development Director Hartmann responded yes for the consolidation.

Councilman Timmer stated essentially we have a year and a half to get Plan B through the process to be certain environmental requirements have been met.

Councilwoman Scott inquired when will LAFCO hear this item and will they accept public comment at this meeting.

Councilman Timmer responded he will address this when the Council decides what to do. One of the items needing clarification is the Conservation District will be responding to the minority report and the question being proposed to Council is if Highland wants to be a signature of the minority report.

Councilwoman Scott inquired if Highland has to join with the Conservation District or can we compose our own.

City Attorney Battersby responded the first thing is to try and get an advance copy of the draft report. This way we can determine whether the issues are stated the way Council wants it to.

Councilman Timmer stated part of the recommendation to LAFCO will include the letter Highland composed as part of the documentation. He also agrees with City Attorney Battersby's suggestion in getting a draft copy of the report to review the language. This action LAFCO is taking is not on consolidation it is only on the option of them deleting the sphere of influence for the Conservation District.

Councilwoman Scott stated LAFCO continuously states they do not want consolidation yet they always talk about consolidation and use the actual word consolidation.

Councilman Timmer stated these issues are recognized but we as a city are concerned Plan B will get lost in the process and the Committee did make a recommendation to LAFCO to consider the amendment.

Mayor Jones stated he would like to recommend the continued effort of getting an advanced copy of the minority report and at this time bring the item before Council for discussion.

Community Development Director Hartmann stated he would be able to contact the Water Conservation District to get their schedule.

Councilwoman Scott inquired if Highland and the Water Conservation District were the only minorities.

Councilman Timmer responded no, we were the only two voting members against it. However, East Valley Water District stated very clearly it is not a good idea.

City Manager Racadio suggested to empower the representative, if the minority report is generic, to sign the minority report.

Councilman Timmer stated he does not feel comfortable signing it without full Council input. He does not want to jeopardize our opportunity to receive other information later on in the process.

City Attorney Battersby stated she is not sure if Highland's issues will be identical to those of the Conservation District.

Chief Jim Rissmiller gave a brief review and update of the Plunge Fire.

Councilwoman Scott inquired if the work program could be updated as several changes have taken place.

City Manager Racadio stated a meeting can be held prior to the next regularly scheduled Council meeting.

14. San Bernardino International Airport Authority and IVDA

On January 11, 2006, a check in the amount of $750,000 was received from Jack Brown, Stater Bros. On the next agenda, a 49,000 square foot hangar, hangar number 695, is scheduled for a two-year lease.

ANNOUNCEMENTS

Councilman McCallon stated at the Finance Subcommittee it was discussed to waive the fees for the use of the ballfields for a fundraiser. The fundraiser will raise funds for the funeral costs of Ashley Marron. The Subcommittee decided it was not a good idea to set a precedence of waiving fees. It was suggested to the group to ask for donations to cover the fees.

CLOSED SESSION

At 7:08 p.m., the Redevelopment Agency and City Council convened into closed session regarding the following:

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Significant exposure to litigation pursuant to Government Code Section 54956.9(b)(1):

One case.

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Pursuant to Government Code Section 54956.8 regarding the following property: Property: 7367 Central Avenue, Highland 92346

APN 1192-411-42-0000

Negotiating Parties: Sam Racadio, City of Highland

Richard Packard, Housing Venture I

Under Negotiation: Instruction to City's negotiator concerning price and terms of payment.

PUBLIC EMPLOYEE APPOINTMENT

Pursuant to Government Code Section 54957

Title: City Manager

At 8:03 p.m., the Redevelopment Agency and City Council convened into open session, with all members present, making an announcement that the Redevelopment Agency has unanimously rejected Housing Venture's offer.

ADJOURN

There being no further business, Mayor Jones adjourned the meeting at 8:05 p.m.

Submitted By: Approved By:

Betty Hughes Ross B. Jones

City Clerk Mayor