MINUTES
REDEVELOPMENT AGENCY AND CITY COUNCIL REGULAR MEETING
MAY 9, 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 6:00 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 Timmer.
ROLL CALL
Present: Lilburn, McCallon, Scott, Timmer, Mayor Jones
Absent: None
SPECIAL PRESENTATIONS
Five-Year Employee Award
Diana Vasquez, Planning Technician II, was honored for her five years of dedicated service to the City of Highland.
Presentation
Tony Grasso, Executive Director of SANBAG, gave a brief review of SANBAG projects and also of his extensive career background.
COMMUNITY INPUT
Councilwoman Scott stated Highland is abound with rumors. Another rumor circulating is regarding her not running for Council in November when her term expires. She has not decided whether she will run or not. When she does decide, she will announce it appropriately and at the appropriate time. At this time, it is merely a rumor.
COUNCIL/REDEVELOPMENT CONSENT CALENDAR
City Clerk Hughes stated on page 4, item #2, first paragraph, it states motion carried, 4-0, with Councilwoman Scott dissenting. It should state, 4-1, and this is the same for the RDA minutes also.
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 #7 and Item #8 being pulled 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. Minutes - March 14, 2006 City Council Regular Meeting
Approved the Minutes as submitted.
3. Minutes - March 14, 2006 City Council Special Meeting
Approved the Minutes as submitted.
4. Minutes - March 14, 2006 RDA Regular Meeting
Approved the Minutes as submitted.
5. Minutes - March 14, 2006 RDA Special Meeting
Approved the Minutes as submitted.
6. Warrant Register
Approved Warrant Register No. 418 for May 9, 2006, in the amount of $1,276,143.69 and Payroll of $64,318.02.
9. Easement Acceptance/Sterling Avenue Sidewalk
1. Accepted the Grant of Easement for road and drainage purposes from Robert and Jodell Faris; and
2. Directed the City Clerk to record the Grant of Easement.
10. Easement Acceptance/Mario Arriaga (DRB 05-040)
1. Accepted the Grant of Easement for road and drainage purposes from Mario Arriaga; and
2. Directed the City Clerk to record the Grant of Easement.
11. Easement Acceptance/John and Tracey Tarbaux (29378 Water Street)
1. Accepted the Grant of Easement for community trail purposes; and
2. Directed the City Clerk to record the Grant of Easement.
12. Extension of Tree Trimming Contract with United Pacific Services, Inc.
Approved Addendum No. 5 of the tree trimming contract to extend the contract for one year and authorize the Mayor to sign the addendum.
ITEMS REMOVED FROM THE CONSENT CALENDAR
7. Agreement for Geotechnical, Soils, Materials, Observation and Testing Services with Hilltop Geotechnical Incorporated for the Highland Library and Environmental Learning Center
Councilwoman Scott stated she would like to have the contract agreement state the following, "We are holding the contractor responsible for verifying all workers hired are legal residents of the United States."
Councilman Timmer inquired is it not the current standard for all our contracts.
Councilwoman Scott stated it does state contractors have to abide by federal and state laws. The federal and state do not uphold their own laws. She is asking the City of Highland to make certain it is in the contract, therefore, it is understood by any contractor.
A MOTION was made by Councilwoman Scott, seconded by Councilman McCallon, to add the following statement to contracts, "Contractors are responsible for verifying all workers hired are legal residents of the United States not just to abide by current labor laws." Motion carried, 5-0.
City Attorney Battersby suggested the statement of abiding by all federal and state laws applicable to citizenship of all workers and employees.
Councilwoman Scott stated it is legal residents.
Mayor Jones stated a legal resident could be a legal resident but they may not have a green card to work.
Councilwoman Scott stated if they are going to work they should have a green card.
City Attorney Battersby stated some students are legal residents but do not have a green card to work.
Mayor Jones stated it depends on what your intent is in regards to what you are asking.
Councilwoman Scott stated her intent is to not further encourage people to come to the United States from any country illegally.
Councilman Timmer stated rather than trying to change it at a moment's notice, he would like to suggest to approve this contract and go forward with the language the City Attorney has suggested with the understanding we will have a future agenda item to discuss our concerns.
Councilwoman Scott stated she will allow this local one to go through as long as it is included in all future contracts.
A MOTION was made by Councilwoman Scott, seconded by Councilman McCallon, to rescind the previous motion. Motion carried, 5-0.
A MOTION was made by Councilman Timmer, seconded by Councilwoman Scott, to add this item to Legislative discussion. Motion carried, 5-0.
A MOTION was made by Councilman Timmer, seconded by Councilwoman Scott, to authorize the City Manager to execute the agreement subject to City Attorney's review and approval. Motion carried, 5-0.
8. An Amendment to the Agreement between Highland Redevelopment Agency and Stradling, Yocca, Carlson & Rauth for Redevelopment Agency Special Legal Services
Councilwoman Scott stated on page 2, we have gone from 1999 to 2006 with a 25% increase. The last paragraph states we will have an automatic increase each July 1 by 5% annually. She has an aversion to automatic raises or increases.
Councilman Timmer stated the Finance Subcommittee reviewed this item and we recommended to move forward.
Councilwoman Scott stated she would consider reviewing the contract annually and at that time decide if there would be an increase.
Councilman McCallon stated he agrees. We should not make an automatic increase every year. An increase should be asked for annually. We should not have a fixed percentage annually.
Councilman Timmer stated why don't we substitute that for having CPI or have normal language for professional service contracts.
City Manager Racadio stated the Council could adopt it subject to the amendment. If the firm approves it, then it will be approved. If not, the firm can come back with other language. On page 14, under the rate, strike the section stating hereafter will be adjusted.
A MOTION was made by Councilman Timmer, seconded by Councilwoman Scott, to approve, as amended, Amendment No. 2 to the agreement between the Highland Redevelopment Agency and Stradling, Yocca, Carlson & Rauth regarding fees for services to be effective May 9, 2006, subject to the approval of the Agency's General Counsel. Motion carried, 5-0.
CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING
13. Resolution No. 2006-018 Fixing the Highland Paramedic Special Tax Rate for Fiscal Year 2006-2007
City Manager Racadio stated each year the Council adopts a resolution setting the rate which was adopted in 1985 by a vote of the people. It is $19 per individual dwelling unit and $38 per commercial unit. Currently, this tax covers approximately one-third of the paramedic costs. In the future, staff will be presenting an adjustment which will also be voted by the people.
Councilwoman Scott inquired when this was first adopted, the rate was listed at $19.25 per unit.
Councilman Timmer responded the county assesses a processing fee of $0.25. He suggests adding this item to the work program and look into the revenue needed for paramedic services.
Councilwoman Scott stated if the county can raise their fees $0.05 why can't we raise our fees.
City Manager Racadio responded their fee is a fee for service. If we can show it is costing us $0.05 cents to administer it, he suspects we can then raise the fee. Most of the costs are from the county assessing it.
A MOTION was made by Councilman Timmer, seconded by Councilwoman Scott, to adopt Resolution No. 2006-018 Fixing the Highland Paramedic Special Tax Rate for Fiscal Year 2006/2007. Motion carried, 5-0.
RESOLUTION NO. 2006-018
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND,
CALIFORNIA, FIXING THE HIGHLAND PARAMEDIC SPECIAL TAX
RATE FOR FISCAL YEAR 2006-2007
14. Tentative Parcel Map Application for a Four (4) Parcel Subdivision with Access to the Four Parcels Proposed to be Provided by a Private Cul-de-Sac (Tentative Parcel Map 17746 [MS 05-003])
Mayor Jones left the dais due to a conflict of interest and will address the item from the audience.
Associate Planner Meikle stated this parcel map is primarily driven by the applicant's request for a private street as part of his parcel map. Typically, parcel maps are done at staff level but due to the request for a private street, it has gone through Planning Commission for review and recommendations.
Mr. Jones stated he is attempting to do a four lot split with a residue lot which will consist of the street and the landscaped area to the west. His intent is to create four parcels where he will build a home on one lot and the home will be built with ICF forms. He also is proposing to use a new type of concrete with 19,000 psi instead of the normal 2,500 psi. Instead of the 50-year structure built with normal concrete, this project will be a 500-year construction as there will be no wood in the house. It will be solid concrete with steel. The only wood will appear in doors and cabinets. He is in agreement with all the conditions except for three. Number one is condition #8 on page 30 of the conditions, which is Attachment A. This particular one is addressing landscaping along the wall between the cul-de-sac and the homes to the west. He is asking for a clarification as to what the intent is. The statement is the landscape shall be designed to screen the homes and rear yards of the adjoining properties. The plant material shall be selected to minimize impact on the city's storm drain. Below this area that is going to be landscaped, of course, is a three-foot solid concrete storm drain. City Engineer Wong has expressed his concern regarding putting any trees near it. His question is how do you screen the houses unless you use a tree or something that is going to grow higher than the wall.
Associate Planner Meikle stated staff followed up with a conversation with the city landscape architect. It was explained there is a variety of shrubs that won't pose a rooting problem. The concerns of engineering are tree roots getting into the city's storm drain. There is plant material available that can be used.
Councilman Timmer asked if the intent is to screen the wall not the homes.
Associate Planner Meikle stated it is to screen their rear yards to provide privacy between the road and the homeowners rear yards. There are shrubs that will grow seven to eight feet in height and still be shallow rooted. What is being proposed on the plan is a combination retaining wall with a privacy wall on top. There was a bit of concern from a neighbor who had contacted staff as part of the project notice. The way the condition has been written as far as the wall is concerned is it still allows the applicant to construct the retaining wall but it allows them to a partial block wall with open viewing fencing on top.
Councilman Timmer stated that will be determined during the design review process. How much distance is between the curb on the west side of the road and the property line?
Mr. Jones stated 15 feet. The yards west to this property are down from seven to ten feet below his property level. When driving down this street, you will not be able to see into the back yards of these people. All you will see are the rooftops of those houses.
Councilwoman Scott inquired why the street is not being built over the storm drain.
City Engineer Wong responded the storm drain needs to be placed within the street but not having a curb and gutter right above the storm drain. The original design of the tract is having the west side of the curb and gutter above the storm drain. If in the future the city needs to work on the storm drain, we also need to remove the curb and gutter. Usually we put a storm drain in the closest part of the street so that we do not have to remove the curb and gutter when repairs are needed.
Community Development Director Hartmann stated the basic intent of such a condition is to soften the very often harsh block wall. We are looking at landscaping that will be low profile to soften the block wall. We also look at the view of what can be seen from the west side of the property and try to do a balance. To answer the question, we are not looking for large, tall canopy trees or some type of tree that would screen both. There again the type of landscape material that can be placed over the storm drain to keep the roots out.
Councilman Timmer stated he does not want to design the project. If the intent is to soften the block wall and not necessarily screen the houses, then that is what is needed to know.
Mr. Jones stated he does not have a problem with that. If he is going to soften the block wall, we can do that in the style of construction of the block wall. Until now, he did not know it was the block wall we wanted to soften.
Community Development Director Hartmann stated one of the difficulties we are having with the project is we are not absolutely sure on the grade differential between the two. We have not seen a grading plan to show what the difference is between the properties on the west versus Mr. Jones' project.
Mr. Jones stated the second item is item #10. The no man's land issue is one that actually was created when this tract was developed. The original requirements of the City of Highland for all tracts is all perimeter fencing should be block walls. Had that block wall been built on the property line as proposed, the no man's land issue would not be coming forth at this time and he would not be required to build a block wall. He is in agreement with building a block wall. The issue in place here is immediately next to the property line is a three foot (3') wide v-ditch. Then there is four feet between and the wood fences that were actually placed there. All of these being at the same level that his property is at, then it goes down an embankment into the backyards of the homes. Currently, the wood fence that was built with this tract and still exists today all sit back seven feet from the property line. When he goes and build a block wall along the property line, those fences will be seven feet back from his block wall. Item #10 states he is being asked to make an attempt to remove the wood fences. He does not want to do this. He has dealt with neighbors who cannot agree. Furthermore, if he removes the back portion of that you still have to extend each of those fences along that line seven feet to his wall which he
does not feel is his responsibility due to he did not create the no man's land. He is asking to remove condition #10 in its entirety because it does not address the issue at hand. He is complying with the city ordinance that says he is building a block wall along the westerly wall and in fact will solve this portion of it. If each homeowner decides to extend their seven fences whether it be in wood or block, they can do that. They will also have to address the v-ditch which is also theirs.
Councilman McCallon inquired whose v-ditch is it and what purpose does it serve.
City Engineer Wong responded when the tract was first built this was standard practice. There was a vacant field east of this tract and the developer wanted to protect the tract from any off-site flow. They built a v-ditch but did not build a v-ditch on the applicant's property. They built a v-ditch along their tract boundary.
Councilman Timmer stated based on this information, the v-ditch is there to intercept any flows coming off properties. Once the grading is done on the new proposed tract, will there be a need for the v-ditch?
City Engineer Wong stated no there will not be a need for the v-ditch.
Mr. Jones stated there won't be because there will a curb on both sides of the street and it will elevate to a level above the v-ditch and of course the block wall will be there. No flows will go into the v-ditch.
Councilman Timmer stated existing property owners, if they desire, can extend their own fences to meet the fence being built on the property line. They collectively could put the fencing into the v-ditch.
City Engineer Wong stated this condition is generally to try to avoid the no man's land. Typically the city makes the applicant or developer take care of the situation.
Councilman Timmer stated in theory once this property is developed, if approved by Council, the existing property owners to the west now only have to extend their fences seven feet on both ends.
Mayor Pro Tem Lilburn stated the applicant is not wanting to be a part of that process.
Councilman Timmer stated he thinks it is unfair to ask the applicant to do this.
Councilwoman Scott stated the applicant would be dealing with ten property owners.
Councilman Timmer stated this is not mandated. It states the applicant shall attempt. A simple letter to the property owners would suffice and if they refuse, the applicant did make an attempt.
Mr. Jones stated he does not want the responsibility. It states the applicant will attempt to take down their fences. He does not want to do any work on their property. He does not want to hold up his project because he made an attempt and one property owner states he wants his fence torn down. The current condition states he will do that. He is requesting to remove this condition in its entirety. Item #15 addresses whether the street can or cannot be a private street. The intent is making it a private street. He is required to install two Edison street lights and pay for the cost of those as well as the operation fees for an entire year.
Councilman Timmer inquired if the applicant wants to move the street lights to the east side of the street.
Mr. Jones stated no he is agreement to put them on the west side of the street, therefore, they will not shine in neighboring yards. City Engineer Wong wants to condition this project on the fact if it becomes a public street we will have to change the street lights out to a standard approved Edison street light. This is really a redundancy because the street light that will be installed is a standard Edison street light. It is the same street light that exists on the bridge, the lower standard Edison light. Why condition this on something that may never occur ever?
Councilman Timmer inquired why would we want to change the street light out.
City Engineer Wong responded this issue has been addressed in his memo on page 13 of the staff report. During the Planning Commission meeting there was some concern about if non-standard lights being installed and Edison not wanting to take over these lights. If and when such an event occurs and the street is turned back to the city as a public street, we would want Edison to become responsible for those lights. Subsequent to the meeting he has spoken to Edison in depth and Edison stated they offer some decorative lights. If the applicant selects some of their lights from their catalog, then Edison would be willing to take over the ownership and maintenance from the beginning even if it is a private street. If this is the case, the condition listed in the last paragraph on page 13 will substitute the conditions on page 32.
Mr. Jones stated the whole paragraph could be removed. Again back to the issue of private street or public street. If at some time some individual decides they no longer want to maintain this as a private street, the city then has the ability to say unless you bring it up to standard we won't accept it. Rather then clutter his project with a condition that is an unknown, that may not happen in his lifetime, he would like to remove these issues.
Councilman McCallon stated as he reads this, if Council approves it as a private street, we will not need condition 15.
Mr. Jones stated he is required to install two street lights anyway. Edison is going to design those lights, where they are going to be and what standards they are going to meet. Really again, it is a condition that does not need to be here at all. If the private street is approved and at some time the street is given back to the city, then that can happen.
Councilman McCallon stated the condition listed has been replaced by City Engineer Wong's memo and if it is approved as a private street, all that would be left is, "If the interior street is approved by the City Council as a private street the applicant may install decorative street lights offered by Edison and approved by the Design Review Board, the number of decorative lights to be installed is dependent on the luminary style and pole height."
Mr. Jones stated that is acceptable.
Councilman Timmer stated that statement will be substituted for condition #15.
Councilman McCallon stated if Council approves it as a private street.
Mr. Jones stated the final item is on page 35, page 5 of 5, Attachment B, item #39. Item #39 states to provide all utility services to each lot including sanitary sewer. There is not sanitary sewer available to this project and never will be. This is in accordance with East Valley Water District because this property sits below Base Line and there is no way of getting sewer lines to this property. Each of these half- acre lots will have private septic tanks.
Councilman Timmer inquired if this is permitted under water quality rules.
Community Development Director Hartmann stated first of all he does not have sufficient expertise to fully answer the question. If a development comes within 200 feet of a sewer line, you must connect to the sewer line. A pump station is a proper mechanism to allow sewer to be taken care of. Asking to waive that or a provision within the building code or other codes, this project would be conditioned to attach to the sewer line and would have to have a pump station. He does not know of any other way to get around it. There may be something in the code but staff would have to investigate it.
Mr. Jones stated this project is not within 200 feet of the main line.
Community Development Director Hartmann stated there is a main line on Base Line.
Mr. Jones stated on the north side of Base Line which is not within 200 feet of any home.
Community Development Director Hartmann stated it is within 200 feet of the project. This project backs onto Base Line.
Councilman Timmer stated he does not feel comfortable discussing this issue. If documentation could be supplied by East Valley Water District, we can't just waive a possible state law.
Community Development Director Hartmann stated it is his understanding it is the Uniform Plumbing Code. Again, he is not the expert.
Councilwoman Scott inquired if any surveying has been done to locate the sewer line.
Community Development Director Hartmann stated it is to his knowledge that we do not allow projects to have private systems. There may be a single family home from time to time that has a private septic system. All projects that he can think of have always been connected to a public sewer system.
Mr. Jones stated all of the homes in Via Deldene, which is the tract immediately to the south, are all on septic tanks because they do not have sewer either. There are ten homes in this subdivision.
Community Development Director Hartmann stated the sewer line is noted on the plans, located at the north side of the street, 50 feet from the property. Basically the plumbing code states if it is within 200 feet of the sewer line, you have to make the connection.
Mr. Jones stated it is also at nine feet deep.
Community Development Director Hartmann stated he understands the pumping station issue and it is something we looked at with the subdivision by the park. Pumping station is not the best and East Valley does not like the maintenance on them as it is very high. He has a code requirement which states you must connect to the sewer if you are within 200 feet of the main line. He does not know of any provisions that will allow us to get around it. It is something to explore. If Council wants to amend the condition to allow staff the opportunity to look at it.
City Engineer Wong stated for this project, one possible way is to connect the cul-de-sac and then connect to the other cul-de-sac to the west.
Councilwoman Scott inquired if the homes which are located west of this property, are they are sewer or septic tanks.
Mr. Jones responded sewer. Again, sewage pump plants for this type of project are very inconvenient. We just approved two homes being built on Water Street and they both are on septic tanks. We approved all the homes on Via Deldene which are also on septic tanks due to sewer not being available.
Councilman McCallon stated it is his understanding that Via Deldene properties are not within 200 feet of the sewer.
Mr. Jones stated they are within 200 feet of sewer.
Councilman McCallon inquired who approved the tract not having sewer.
Associate Planner Meikle stated not to his knowledge. Homes along Via Deldene are not within 200 feet of the sewer. Some of those homes have septic tanks. He believes the two new houses that have just been built on Water Street, have connected to the sewer because there was sewer access on Water Street.
Mr. Jones stated they just extended the sewer from East Highlands Ranch because it had stopped there. It was extended east on Water Street and up Via Deldene.
Councilman Timmer stated he does not feel comfortable making a decision. This needs to be looked at further to find out what the Plumbing Uniform Code specifies and some analysis needs to be done. He is not ready to waive this type of requirement.
City Attorney Battersby stated she feels this is an East Valley Water District issue. Can we get past this issue by stating sewer connection shall be provided in accordance with state and local regulation including requirements of East Valley Water District, then the applicant has to comply with whatever requirements there are.
Community Development Director Hartmann stated East Valley Water District, being the purveyor, would basically have the final decision. When we look at projects, whether it be a city project or not, we look to East Valley Water District for confirmation of required connections or services needed. This probably would be an appropriate way to revise the condition. If East Valley Water District feels the discretion to waive the sewer requirement, then that would be their call.
City Attorney Battersby stated we could put an asterisk at sanitary sewer and then state sanitary sewer connections shall be provided in accordance with state and local regulations including the requirements of East Valley Water District. This also includes the Uniform Plumbing Code requirements as well.
Mr. Bernardino Castenada stated he feels it is unjust for the applicant to connect to the sewer when the homes on Hackney Street did, without permits, and they were only 50 feet from the sewer line.
Councilman Timmer stated he would think that would be an East Valley Water District issue. They are the purveyor of sewer systems. If someone did something not appropriate to their rules or regulations, then they are the agency which would need to be notified.
A MOTION was made by Councilwoman Scott, seconded by Councilman McCallon, to adopt Resolution No. 2006-019 approving Tentative Parcel Map 17746 (MS 05-003), all subject to the Conditions of Approval and the Findings of Fact; as amended, to remove Condition #10 in its entirety and also with revisions to #15 and #39 as discussed; Permit a private street as part of developing Tentative Parcel Map 17746. Motion carried, 4-1, with Mayor Jones abstaining.
RESOLUTION NO. 2006-019
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA, APPROVING A FOUR (4) PARCEL SUBDIVISION OF 20,000 SQUARE FOOT MINIMUM SIZED PARCELS AND ONE LETTERED LOT WITH A PRIVATE STREET FOR A 2.74 ACRE SITE GENERALLY LOCATED ON THE SOUTH SIDE OF BASE LINE AND EAST OF GREENBRIER PLACE, TENTATIVE PARCEL MAP 17746 (MS 05-003). APPLICANT: ROSS B. JONES
COUNCIL/REDEVELOPMENT LEGISLATIVE
15. Second Reading of an Ordinance to Amend Chapter 16.06 (Definitions) and 16.16 (Residential Districts) and add Chapter 16.50 (Inclusionary Housing) to Title 16 (Land Use and Development) Establishing Criteria for the Development of Affordable Housing City-Wide (MCA 06-001)
City Manager Racadio gave a brief review of the staff report.
Councilwoman Scott stated she would like to point out the more money that is in this fund for affordable housing, then it means more affordable homes will be built.
Councilman Timmer stated no.
Councilwoman Scott stated if there is going to be 40-50 years interest at 6% interest over that time frame, this is an additional $20.63 per month. At the end of 20 years, the homeowner will still have a balance of $2,636.99.
Mayor Pro Tem Lilburn stated this ordinance states we do not have to build low to moderate income.
Councilwoman Scott stated there are people who will be buying homes and others that will not because the homes will be increased by this $3,750. Therefore, the $450,00 home will be . . .
Councilman Timmer stated the ordinance permits either the developer will build affordable housing or pay an in-lieu fee. It is their choice. We are not mandating one way or another.
A MOTION was made by Councilman McCallon, seconded by Mayor Pro Tem Lilburn, to adopt Ordinance No. 306 amending Chapter 16.06 (Definitions) and 16.16 (Residential Districts) and add Chapter 16.50 (Inclusionary Housing) to Title 16 (Land Use and Development) establishing criteria for the development of affordable housing city-wide. Motion carried, 4-1, with Councilwoman Scott dissenting.
ORDINANCE NO. 306
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HIGHLAND AMENDING CHAPTER 16.06 (DEFINITIONS), AND 16.16 (RESIDENTIAL DISTRICTS) AND ADDING THERETO CHAPTER 16.50 (INCLUSIONARY HOUSING) OF TITLE 16 (LAND USE AND DEVELOPMENT) OF THE HIGHLAND MUNICIPAL CODE RELATING TO INCLUSIONARY HOUSING REQUIREMENTS
16. Second Reading of Ordinance No. 207 Amending the City's Development Code to be Consistent with the City's Comprehensive General Plan Update (MCA 05-004, ZC 05-002)
RECOMMENDATION: That the City Council adopt Ordinance No. 307 to amend the Development Code and Official Zoning Map to be consistent with the City's Comprehensive General Plan Update, pursuant to Title 16 (Land Use and Development) of the City's Municipal Code, as adopted by the City of Highland.
City Manager Racadio stated staff has recommended this item be moved to after closed session for potential action.
A MOTION was made by Councilman McCallon, seconded by Mayor Pro Tem Lilburn, to move item #16 after closed session for further discussion. Motion carried, 5-0.
17. Proposed Resolution Establishing an Inclusionary Housing In-Lieu Fee as Required by Ordinance No. 306
Community Development Director Hartmann gave a brief review of the staff report.
Councilwoman Scott stated this will include the in-fill and anything that is built, whether it is a developer or a private construction, a fee of $3,750 will be added to the costs.
Mayor Jones inquired how the fee of $3,750 was reached.
Councilman McCallon stated the Finance Subcommittee went through an analysis based on the number of houses, houses to be built throughout the city and based on the requirement of 15% for low to moderate homes.
Mayor Jones stated this was based on the assumption we needed affordable housing but in fact our current inventory says we need it. We are using the state formula which states a certain percentage of those have to be affordable housing, if there is a need.
Councilwoman Scott stated we were in the black not too long ago.
Councilman Timmer stated we still are but it is very close to being upside down.
Councilman McCallon stated we just passed an inclusionary housing ordinance which includes an in-lieu fee.
Mayor Pro Tem Lilburn inquired if we took into consideration one of the reasons for the in-lieu fee was to rehabilitate existing apartment homes.
Councilman McCallon responded that was the intent to generate a fund where we could go to an existing property owner and offer funds to rehabilitate your property and for the rehabilitation we would require a covenant to make it affordable housing.
Community Development Director Hartmann stated keep in mind as you collect a fee in combination with your redevelopment monies could be used to upgrade the projects. As he indicated at the first reading of the ordinance, low to moderate income housing funds can be used for a broader purpose, such as infrastructure, curbs, gutter and sidewalks in an area which may be substandard.
Councilwoman Scott stated again, we are bringing up redevelopment money that would help some of the low to moderate housing be rehabilitated, to rehabilitate streets.
Councilman Timmer stated what we used to help calculate the number is the 20% set aside, which is going into redevelopment. The reason the fee is lower than the initial $5,000 was a credit was given for the 20% set aside and the developers we are working with are comfortable with this process.
Mr. Miles Bogh stated he feels the Council should be specific in the areas where the low to moderate income funds will be used and if it will used within the time period set by state law. He believes there is a ten year limit for holding these monies. He wants to make sure if the city is going to collect the $3,750 per unit, it will used for the low to moderate housing.
City Attorney Battersby stated these items are addressed in the ordinance and the resolution in Section 6. Section 6 in the resolution states to ensure the in-lieu fee is consistent with potential changes in rental rates and cost of providing affordable housing that the fees and the purposes for which is collected shall be reviewed every year from the effective date of this resolution at the time of city's development impact fee ordinance.
Councilwoman Scott inquired about the ten year limit.
City Attorney Battersby stated she is not aware of a ten year limit.
Community Development Director Hartmann stated he understands the question to be a requirement of redevelopment stating if you build a project, which requires affordable housing and it is located within a redevelopment project area, in ten years you have to build the units. This is where we talk about being in the red or black. We do not have any obligation to build units as of today. Next year we may start to have an obligation, in ten years, to build affordable units because of the construction activity within our redevelopment project.
City Attorney Battersby stated this is an agency related fee. The city does have to report progress and how the funding is being expended.
Councilwoman Scott inquired if this is retroactive to a project in the works now.
Community Development Director Hartmann responded the fee will go into place once this ordinance is in effect and if there has not been a building permit pulled for the unit, the developer will have to pay the fee. Tomorrow he will instruct staff to identify all the developers and projects who receive a letter stating they have thirty days to pull permits before the fee is in place.
Councilwoman Scott stated a developer is one who develops a lot or someone who owns a lot.
Councilman Timmer stated he would think anyone who has submitted an application to build a unit would be receiving notification.
Councilwoman Scott stated it has to be an approved livable project. It cannot be a garage or anything to that nature.
Community Development Director Hartmann stated a habitable structure.
A MOTION was made by Councilman McCallon, seconded by Mayor Pro Tem Lilburn, to approve an inclusionary housing in-lieu fee in the amount of $3,750 per each dwelling unit constructed in the City of Highland; and approve Resolution No. 2006-020 to be adopted pursuant to Section 16.50.050.a.1 of Ordinance No. 306, adopting the fee schedule for payment of a fee in-lieu of developing inclusionary (affordable) housing units and authorize the Mayor and City Clerk to execute said resolution. Motion carried, 4-1, with Councilwoman Scott dissenting.
RESOLUTION NO. 2006-020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA, ADOPTED PURSUANT TO SECTION 16.50.050.A.1 OF ORDINANCE NO. 306, ADOPTING THE FEE SCHEDULE FOR PAYMENT OF A FEE IN-LIEU OF DEVELOPING INCLUSIONARY (AFFORDABLE) HOUSING UNITS
18. Award of Multiple Bids for the Project Entitled "Highland Library and Environmental Learning Center
City Manager Racadio stated this item was discussed at a prior Council meeting and the Finance Subcommittee along with staff has recommended we not use the EPA construction funding of $1.7 million. Rather, we will use the funds for improvements inside the library. This would eliminate the special requirements of the EPA funding. The Finance Subcommittee has recommended the City Council award the bids as outlined.
Councilwoman Scott stated she would like to request the contracts for this project to state the contractor must verify all workers are legal residents.
Assistant City Manager Hughes stated the contract included in this document was part of the specifications. We cannot go back and make changes at this time. We would have to rebid the entire project.
Councilwoman Scott stated she believes she had inquired previously and was told there was a clause for the federal and state.
Councilman Timmer stated this clause is included. Council needs to come up with a policy for all future projects and all future contracts. To change something in the middle would delay everything.
A MOTION was made by Councilman Timmer, seconded by Councilman McCallon, to approve the following:
1. Award Bid Package No. 1 - General Construction to USS Cal Builders;
2. Award Bid Package No. 2 - Landscape to Western Rim Constructors;
3. Award Bid Package No. 3 - Site Utilities to Pro-Craft Plumbing Co.;
4. Award Bid Package No. 4 - Structural Steel& Misc. Metals to KCB Towers;
5. Award Bid Package No. 5 - Finish Carpentry to Lozano Caseworks, Inc.;
6. Award Bid Package No. 6 - Roofing to Best Roofing & Waterproofing dba Best Contracting Services;
7. Award Bid Package No. 7 - Sheet Metal & Sola Tube Skylights to RB Sheet Metal;
8. Award Bid Package No. 8 - Doors & Hardware to Architectural Doors, Inc.;
9. Award Bid Package No. 9 - Glass & Glazing to Perfection Glass, Inc.;
10. Award Bid Package No. 10 - Gypsum & Plastering Systems to Caston Plastering & Drywall;
11. Award Bid Package No. 11 - Floor Coverings & Ceramic Tile to Pro Installations dba Pro Spectra Contract Flooring; and
12. Award Bid Package No. 13 - Building Specialties to Romero General Construction Corp.;
13. Award Bid Package No. 15 - Fire Sprinklers to DAART Engineering Co.;
14. Award Bid Package No. 16 - Plumbing Systems to Pro-Craft Plumbing Co.;
15. Award Bid Package No. 17 - HVAC Systems to West-Tech Mechanical, Inc.;
16. Award Bid Package No. 18 - Approve the withdrawal of the bid of Brewster Electric, Inc., and award to Electrical Systems to Champion Electrical Contractors; and
17. Award Bid Package No. 19 - Themed Portal Unit to Cost of Wisconsin, Inc.;
18. Bid Package No. 12 - Paint - Approve the withdrawal of the bid of J. Kel Painting & Wallcovering, Inc., and REBID the package; and
19. Authorize the Mayor to sign all necessary contracts once properly executed by the awarded parties.
Motion carried, 5-0.
19. Employee Reorganization and Reclassification
City Manager Racadio gave a brief review of the staff report.
Councilwoman Scott stated she did ask for clarification to make certain Highland was not losing the City Treasurer. The Treasurer of the city is one position the Council should appoint.
City Manager Racadio stated the Treasurer is the City Manager.
Councilwoman Scott stated she feels it is not a good idea to have one person be everything. She wanted to make certain we kept our Treasurer.
City Attorney Battersby stated the City Manager is the Treasurer of the city. The Finance Director is the Finance Director. It is two separate offices.
Councilwoman Scott stated she does not approve of changing the Finance Officer's title to Director of Administrative Services.
City Manager Racadio stated normally the term administrative services denotes that you have both of those functions, finance and personnel. This is the normal terminology for that.
Councilwoman Scott stated it does not state that. It states assumes the role of risk manager and personnel director, it does not state finance. She also disagrees there is a savings of $113,916.
Councilman Timmer inquired if this could be explained as Councilwoman Scott is claiming these number are not accurate.
Councilwoman Scott stated because we are not taking into consideration time off, sick days, benefits, these are not being taken into consideration.
Mayor Pro Tem Lilburn stated she partially agrees with Councilwoman Scott. As we are losing an Assistant City Manager and the current City Manager is only going to stay for a short time. This number is going to change.
Assistant City Manager Hughes stated these numbers will be going into effect July 15, 2006.
A MOTION was made by Councilman McCallon, seconded by Mayor Pro Tem Lilburn, to approve the proposed employee reorganization and adopt Resolution No. 2006-021 setting the salary range for the position of Director of Administrative Services, Public Works Manager and Senior Code Compliance Officer effective May 10, 2006. Motion carried, 5-0.
RESOLUTION NO. 2006-021
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND,
CALIFORNIA, SETTING THE SALARY RANGE FOR
DIRECTOR OF ADMINISTRATIVE SERVICES,
PUBLIC WORKS MANAGER AND SENIOR CODE COMPLIANCE OFFICER
20. Resolution No. 2006-022 A Resolution of the City Council of the City of Highland, California, Repealing Resolution No.88-42, Establishing Personnel Rules and Regulations
City Manager Racadio gave a brief review of the staff report.
Mayor Pro Tem Lilburn stated in reading the different proposed changes, she did not see anything which separates the current from the proposed.
City Attorney Battersby stated the changes were so substantial that you really could not do a redline of it.
City Manager Racadio stated it is restated and updated. There are so many changes it would be massive.
Councilwoman Scott stated she read the prior document and she would like to have a workshop on this item.
City Manager Racadio stated the Personnel Subcommittee agenda and minutes were sent to Council some time ago.
A MOTION was made by Councilman McCallon, seconded by Councilman Timmer, to adopt Resolution No. 2006-022 a Resolution of the City Council of the City of Highland, California, repealing Resolution No. 88-42, Establishing Rules and Regulations. Motion carried, 3-2, with Mayor Pro Tem Lilburn and Councilwoman Scott dissenting.
RESOLUTION NO. 2006-022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND,
CALIFORNIA, REPEALING RESOLUTION NO. 88-42, ESTABLISHING PERSONNEL
RULES AND REGULATIONS
21. Update on SANBAG, SCAG, Omnitrans, Work Program and Regional/Legislative Issues/Development Issues
Councilman McCallon stated he distributed SANBAG and SCAG reports to Council. Measure I is an area where there seems to be a bit of a struggle regarding costs of pending projects.
Mayor Jones stated this needs to be taken into consideration for any project. If we cannot afford to do them now, and at some point we need to rethink it because it will come back to haunt us.
City Manager Racadio stated an issue we will be facing is the $37.2 billion bond measure. This will be a main topic in the coming months for local government. He does not know how this will be allocated. $1.6 million will be coming to Highland although he is not sure over what time period we will receive the funds.
22. San Bernardino International Airport Authority and IVDA
Nothing to report.
23. Existing Contracts with Immigration Status
City Attorney Battersby stated she understood the contract was approved subject to my approval.
Councilwoman Scott inquired if the statement could be included in all future contracts with the city.
Councilman Timmer stated the best possible way to do this would be to adopt it by resolution. This language will now be included in all future bids, contracts, and professional service agreements. Then come back with a recommendation of what that should be, knowing what the issue is and apply it to all future agreements.
Assistant City Manager Hughes stated we should allow the City Attorney to do the research and bring it to Public Facilities Subcommittee.
Councilwoman Scott stated why Facilities Subcommittee and not Legislative.
Assistant City Manager Hughes stated it could be any subcommittee.
City Manager Racadio stated the most appropriate would be Public Works since they deal the most with contracts.
Councilman McCallon stated the issue raised by Councilwoman Scott is one that does need attention but it is a matter of the law. People are breaking the law and it does not matter which country they came from. Businessmen have a responsibility to make sure anyone they hire has appropriate documentation or you do not hire them. There are severe penalties if you do hire them without appropriate documentation. However, businessmen cannot ensure the documentation presented is legal documentation. The problem is with enforcement as how does a business person know if they are illegal or not. As long as he has complied with the law in making sure the people they hire have appropriate documentation.
City Attorney Battersby stated we need to think of the consequences of not complying with the law.
Mayor Jones stated the issue is not the illegal alien, the issue is the City of Highland hiring this individual who is not legally able to work for the City of Highland under the current law. We really do not need to pass another ordinance or resolution to in fact enforce that issue. The issue comes back again as the City of Highland should not be passing laws or resolution that try to trump the stated and federal laws but just enforce them in regards to the contracts we issue. We have everything in place in order to do so and all we need to do is make sure of it.
Councilman Timmer stated maybe a resolution as simple as having the proper language based on today's legal opinions and this language would be inserted into all contracts and agreements. We are not changing the law but merely stating this is what the current law says.
Councilwoman Scott inquired if it is being deleted again.
Mayor Jones responded there is no deletion. The law is currently that law.
Councilwoman Scott stated the federal and state law currently states illegal is illegal but you can justify it to meet the individual's needs or specifications.
Mayor Jones stated we are speaking strictly about employment. The City of Highland employing these individuals or allowing any contract we issue to employ these individuals. We are not addressing whether the person is an illegal or legal immigrant. We are simply stating we want all employees of contractors we hire to be legally able to work for the City of Highland.
Councilwoman Scott stated in reference to Councilman McCallon's statement regarding how does an employer verify documentation. He is absolutely correct because there are people with forged documents.
Mayor Jones stated there are some companies out there making very good money creating illegal documents that are better than the original documents being made. Again, he does not think we ought to state if we find out this individual had illegal documentation, we will cancel your contract and penalize the city.
Councilwoman Scott stated she will be reading the next contract to verify all language is included.
ANNOUNCEMENTS
May 13, 2006 HIT - Keep California Beautiful Project
May 17 & 18, 2006 Legislative Task Force - Sacramento
May 20, 2006 Opera by Children
May 20, 2006 Santa Ana Regional Trails Project
May 22 & 23, 2006 ICSC Conference
May 22, 2006 Community Blood Drive - Community Center
May 27, 2006 HIT Clean Up - City Hall
CLOSED SESSION
A MOTION was made by Councilman Timmer, seconded by Councilwoman Scott, to add one item to the closed session. Motion carried, 5-0.
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code 54956.8 regarding the following:
Property: 7793 Central Avenue (YMCA)
Community Center/Athletic Center
Negotiating Parties: Sam Racadio, City of Highland
YMCA of East Valley
Under Negotiation: Instruction to Negotiator concerning terms and price of lease agreement.
At 8:24 p.m., the City Council and Redevelopment Agency 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 LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6 regarding the following:
Agency Negotiator: Sam Racadio representing unrepresented employees.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Government Code Section 54956.9(c):
One case.
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code 54956.8 regarding the following:
Property: 7793 Central Avenue (YMCA)
Community Center/Athletic Center
Negotiating Parties: Sam Racadio, City of Highland
YMCA of East Valley
Under Negotiation: Instruction to Negotiator concerning terms and price of lease agreement.
At 10:33 p.m., the City Council and Redevelopment Agency convened into open session, with all members present, announcing the approval of Agenda Item No. 16.
ADJOURN
There being no further business, Mayor Jones adjourned the meeting at 10:35 p.m. in memory of Annice Rowe and Chi Mui, Mayor of San Gabriel.
Submitted By: Approved By:
Betty Hughes Ross B. Jones
City Clerk Mayor