MINUTES

REDEVELOPMENT AGENCY AND CITY COUNCIL REGULAR MEETING

MARCH 28, 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 6:18 p.m. by Mayor Jones at the Donahue Council Chambers, 27215 Base Line, Highland, California.

The invocation was given by City Manager Racadio and the Pledge of Allegiance was led by Councilman McCallon.

ROLL CALL

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

Absent: None

SPECIAL PRESENTATIONS

Mayor Jones presented a Proclamation to Community Resource Specialist of San Bernardino declaring the month of April 2006 as Child Abuse Prevention Month.

COMMUNITY INPUT

Mr. Barry Hartz stated he resides in Apple Valley and is running for the 59th Assembly District, which is currently occupied by Dennis Mountjoy. This district includes several thousand members of this community. He is committed to understanding and representing you when elected. In his opinion, members of the community already pay enough in taxes but Sacramento didn't take that to verdict. One of the very first things he will do the afternoon he is elected and sworn in is he is going to challenge Art Torres, Chairman of the Democratic Party, to a debate.

Councilwoman Scott stated she noticed in his brochure you have stopped tax increases. How do you feel about making the legislators pay into Social Security and living by the same rules as those of us on Social Security have to live on?

Mr. Barry Hartz responded absolutely. He would like to see the legislator be part time and salaries dramatically slashed. He feels if Sacramento had to live like normal people, we all would be better off.

COUNCIL/REDEVELOPMENT CONSENT CALENDAR

A MOTION was made by Councilman Timmer, seconded by Mayor Pro Tem Lilburn, to approve the consent calendar as submitted with the exception of item #6 and item #7 for further discussion. 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. Warrant Register

Approved Warrant Register No. 415 for March 28, 2006, in the amount of $4,315,713.17 and payroll of $64,562.79.

3. Treasurer's Report for February 2006

Received and filed Treasurer's Report for February 2006.

4. Claim Consideration - Estate of Ashlee Marron

Rejected claim.

5. Initiate the Steps Necessary to Start the Process of forming Community Facilities District No. 2006-1 ("CFD 2006-1")

Authorized staff to initiate the necessary steps to start the process of forming CFD 2006-1.

ITEMS REMOVED FROM THE CONSENT CALENDAR

6. Renewal of Crossing Guard Service Agreement with All City Management Services, Inc.

Councilwoman Scott stated she would like to know why the school isn't sharing in the cost of the crossing guards. She knows that has been discussed before and is it possible our CDBG funds can be used here instead of the after school program.

City Manager Racadio stated it is very possible the schools could share with the city in the crossing guard costs. We could speak with them about that. The after school program, we entered into that bi-latterly with the school district as we wanted to have this program. Whether we could use CDBG funds for crossing guards, we would have to look at the local areas, certainly not all the crossing guards.

A MOTION was made by Councilwoman Scott, seconded by Councilman McCallon, to approve Addendum No. 8 of the crossing guard contract to extend the contract for two years. Motion carried, 5-0.

7. Planning Impact Analysis Relative to Sand and Gravel Mining Operations

Councilwoman Scott inquired why is the city paying for this.

City Engineer Wong responded this is the pavement analysis of the truck route that would be impacted by the association with the gravel operation. The wash plan is a document which is jointly funded by the City of Highland. Secondly, it has not been totally concurred by the various parties that the pavement analysis is a mandatory or necessary impact. Therefore, currently the environmental document, which has been in the works for a couple of years, does not include this pavement analysis. However, the City of Highland feels that it is important for the city to fully analyze the truck impact on the street pavement because as a result of this study, we will be able to fully document and justify the city's position in developing conditional approval.

A MOTION was made by Councilwoman Scott, seconded by Councilman McCallon, to approve the proposal from Nichols Consulting Engineer for a truck route pavement evaluation and mitigation study relative to sand and gravel mining operations as proposed in the Santa Ana River Wash Plan. Motion carried, 5-0.

COUNCIL/REDEVELOPMENT LEGISLATIVE

8. Proposed Ordinance No. 306 Amending the City's Development Code to be Consistent with the City's Comprehensive General Plan Update (MCA 05-004, ZC 05-002) (Continued from the March 14, 2006 City Council Hearing)

Community Development Director Hartmann stated this is a follow up from the Council meeting of March 14, 2006, in which you had the general plan. There were a number of issues associated with the general plan update. One of them was development code revisions to a number of chapters as well as creating some new chapters.

City Planner Mainez stated he would like to point out an oversight on his part. On page 31, of the staff report, which is a change in the R2C district where we changed the height of the structures from three stories to two stories. On the top of page 31, number 2, in the middle of the paragraph, it makes reference to three stories and we are going to change this to two stories. On page 26, this is a motion in which he did not have in his notes. On the top of the page, there is a list of items that are reviewed through a development application process. It has been brought to his attention he may have missed a couple of items and he would like to ask the Council for direction on this.

Councilman Timmer stated he had brought this item up as two additional bullet points. Even though it does state specifically that it is not limited to just these items. He felt the significance of perimeter roads in zones 1 and 2 fire zones were a critical need and we need to identify that. Something to the effect of perimeter roads within zones 1 and 2 areas need to be reviewed or looked at. The second bullet point would be the fuel modification zone is also an issue.

City Planner Mainez asked if there are any additional changes, this would be the opportunity.

Councilwoman Scott stated she wanted to verify on page 6, the reduced zoning attachment for reference. On page 8, number 3, where is that location?

City Planner Mainez responded that is located at the northwest corner of Sterling Avenue and Ninth Street. There is a shopping center across from Warm Springs Elementary School.

Councilwoman Scott stated on page 10, number 9, the last sentence, the general plan update is proposing a planned development designation to the northeast corner of Victoria Avenue and Pacific Street. She knows there were many comments made regarding opposing Base Line commercial or change to the medium density. She didn't see them included.

Community Development Director Hartmann stated all the letters received were noted on this table. This was a list that was developed over time. Letters received towards the end may just have been noted as part of the project. Many of the concerns of the Neighborhood Watch Committee were represented by other applications or other letters. Many of the letters received were consistent with the action taken by Council.

City Planner Mainez stated some of the letters were part of study sessions, workshops, and he will include all letters on the second reading. They were included in previous staff reports.

Councilman McCallon stated he has approached this subject with staff. One of the important items was changing the designation on Base Line from commercial to medium density residential for the protection of our existing businesses and the flexibility to expand. None of this is included in this development code revision. He is one that feels it needs to be included because otherwise we will be voting on only half of the loaf. If we vote on the development code the way it is written right now, we are changing the Base Line commercial to residential but we are not including the important component. The reason he was able to support it was to protect our existing businesses. If we can resolve this, then he will support it and if not, he would suggest we continue it until we include this in the development code. If it is Council's wish not to do so, then he will have to vote against the current development code as written here.

Community Development Director Hartmann stated in response to the inquiry, we were under the impression we had a little bit more time to make these changes and we can make it part of this action because there was enough discussion. We would ask you to continue this matter to allow us to make the necessary changes. He would suggest at least one month.

Councilman Timmer stated just one point. He knows there was nothing included on the lot merger even though we talked about that and staff did indicate that would be included at a later meeting. The point Larry brings up referring to the non-conforming issue of the existing businesses is an integral part of this adopting, therefore, he would support the continuation of this.

A MOTION was made by Councilman McCallon, seconded by Councilwoman Scott, to continue the introduction of this Ordinance, an Ordinance of the City of Highland, California, amending the City's Development Code, consistent with the City's Comprehensive General Plan Update (MCA 05-004, and ZC 05-002) until April 25, 2006. Motion carried, 5-0.

Councilwoman Scott stated would that be the time to include the historic part of Highland as the plan that Mayor Jones presented.

Councilman McCallon stated his letter is referenced in the development code, having a walkway from the Town Center to the Historic District.

Community Development Director Hartmann stated it is something that has to be worked out in more detail. It is a walking tour that the Historic Board has always wanted to do. We have plans and intend to do a walking self-guided tour.

Councilman Timmer stated this would be an appropriate item to add to the work program. We need to identify how we are going to accomplish this, physically and so forth. He thinks it is outside the general plan process.

9. Second Reading of Ordinance No. 304, Amending te Development Agreement with S-P East Highlands, LLC, and S-P Deerfield, LLC, Recognizing Certain Amendments to the East Highlands Ranch Planned Unit Development Project; and making Findings in Connection Therewith; and Ordinance No. 305 Amending the Impact Fees Development Agreement with the Spring Pacific Properties, LLC, Extending the Term and Providing Further Terms and Conditions Thereof (PUD 05-003)(SUB 05-001, TTM 16448)(MS 05-005, PM 17630)

City Planner Mainez gave a brief review of the staff report.

A MOTION was made by Councilman McCallon, seconded by Councilman Timmer, to adopt Ordinance No. 304 amending the Development Agreement with S-P East Highlands LLC and S-P Deerfield, LLC. Motion carried, 5-0.

ORDINANCE NO. 304

AN ORDINANCE OF THE CITY OF HIGHLAND, CALIFORNIA, APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT WITH S-P EAST HIGHLANDS LLC, AND S-P DEERFIELD, LLC, RECOGNIZING CERTAIN AMENDMENTS TO THE EAST HIGHLANDS RANCH PLANNED UNIT DEVELOPMENT PROJECT; AND MAKING FINDINGS IN CONNECTION THEREWITH

A MOTION was made by Councilman McCallon, seconded by Councilman Timmer, to adopt Ordinance No. 305 amending the Impact Fees Development Agreement with Spring Pacific Properties, LLC. Motion carried, 5-0.

ORDINANCE NO.305

AN ORDINANCE OF THE CITY OF HIGHLAND, CALIFORNIA, APPROVING AN AMENDMENT TO THE IMPACT FEES DEVELOPMENT AGREEMENT WITH SPRING PACIFIC PROPERTIES LLC, EXTENDING THE TERM AND PROVIDING FURTHER TERMS AND CONDITIONS THEREOF

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

Councilman McCallon stated he would like to bring forward action needed for support letters to local government committee members relative to SB 1431. This is by Senator Dave Cox which deals with design build contracting for all cities, counties and special districts. In essence, what it does is it will allow all cities upon approval by City Council to use design built contracting until the sunset date of January 1, 2017. This method is currently only available to some cities in California. Additionally, this bill allows design build contracting for counties and special districts. The design build method can be used in construction projects costing over $2.5 million. Design build is a more efficient and less costly method.

City Manager Racadio stated the advantage is you do not have to do it. We determine whether it is the best way to go.

A MOTION was made by Councilman McCallon, seconded by Councilman Timmer, to compose letters of supporting SB 1431. Motion carried, 5-0.

City Manager Racadio stated Council did receive a letter from BIA requesting a study session on the inclusionary housing fee. We have had one Finance Subcommittee meeting and two City Council meetings to discuss it. He is inquiring whether or not it is Council's desire to hold a study session.

Councilman Timmer stated he thinks we should invite them to make a presentation and we can take action at that time.

City Manager Racadio stated this item will be included on the April 25, 2006 meeting agenda.

Councilman Timmer inquired this won't set the fee, this will only be the ordinance.

Community Development Director Hartmann responded this is part of the process in which City Attorney Battersby and himself are working on the details with Finance Officer Dantuono. Once the final ordinance is composed and City Attorney Battersby has reviewed it, she will then put together the ordinance and resolution to be presented to City Council.

City Attorney Battersby stated if we do it concurrently, we would do it at the earliest at the second reading of the ordinance.

Community Development Director Hartmann inquired if we could put a provision in the resolution stating it would not take effect until the ordinance. The inclusionary ordinance is about 95% complete.

Councilwoman Scott stated we will do this as a special item at the Council meeting.

City Manager Racadio stated it will be discussed at the April 25 Council meeting and will be posted as usual with no special handling.

Mayor Pro Tem Lilburn stated she would like to thank staff for forwarding a complaint from a citizen regarding Omnitrans. This was handled in a timely manner and the citizen is satisfied. At the City/County Conference, one of the items was healthy communities. At the April 11 Council meeting, she will be starting the Highland Healthy Program and is inviting all City Council Members as well as the community of Highland to become involved. With little or no cost to the city, we will be coming up with a number of programs to make our city one of the healthy cities in San Bernardino County. Supervisor Josie Gonzales who is on board with the healthy cities in San Bernardino County and Aquanetta Warren, who initiated this program, will also be present to answer any questions. She also has been meeting with community leaders to start a Highland Hightoppers walking group which will be similar to the Loma Linda Lopers.

11. San Bernardino International Airport Authority and IVDA

None.

ANNOUNCEMENTS

City Manager Racadio stated the 10th Annual Citrus Harvest Festival was the best ever. Community Development Director Hartmann and his staff spent a huge amount of time organizing the event.

Councilman McCallon stated staff did a great job.

Mayor Jones inquired if we had an attendance count yet.

Community Development Director Hartmann stated four years ago was about 7,000 and he feels this year we far exceeded that number. It was probably at capacity.

Mayor Jones inquired what was the cause for the increase, the merchants or booths?

Community Development Director Hartmann responded he feels there are two reasons for it. One is we are becoming a very stable and well-liked event by vendors. They are starting to call us in September wanting spaces. Economic Development Specialist Stater and Planning Technician II Vasquez have done a great job advertising on web sites and craft fairs. One of the biggest reasons for the attendance this year was we did not do radio advertisements thus saving about $2,000. Those monies were put into print media and advertised in weekly papers.

Mayor Jones stated he heard there were 40 new vendors.

Community Development Director Hartmann stated typically we have 170 and this year's festival had over 200 vendors. Typically, we have 30 cars in the car show and this year we had over 70. Home tours were constantly busy meaning the interest in the home tours was up also. The community excitement of putting this together is fantastic and really makes us proud and humble that there is such community involvement.

Councilman Timmer stated from his perspective, this year's festival seemed to run so much smoother than past festivals. Staff did a great job and Council appreciates all their hard work.

April 11, 2006 at 4:00 p.m. Study Session - Planning Commission, DRB and City Council to discuss the Base Line Median

CLOSED SESSION

None.

ADJOURN

There being no further business, Mayor Jones adjourned the meeting at 7:00 p.m. in memory of Barbara Smith, Laurie Tully's mom and Barbara "The Artist".

Submitted By: Approved By:

Betty Hughes Ross B. Jones

City Clerk Mayor