MINUTES
REDEVELOPMENT AGENCY AND CITY COUNCIL
REGULAR MEETING
FEBRUARY 13, 2007 - 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 6:01 p.m. by Mayor Jones at the Donahue Council Chambers, 27215 Base Line, Highland, California.
The invocation was given by Mayor Jones and the Pledge of Allegiance was led by Mayor Pro Tem Lilburn.
ROLL CALL
Present: Lilburn, McCallon, Scott, Timmer, Mayor Jones
Absent: None
SPECIAL PRESENTATIONS
Proclamation
Mayor Jones presented Crafton Hills College a proclamation celebrating their 35th Anniversary.
Community Spirit Awards
Sue Lazzaro
Debi Steinbrecher
COMMUNITY INPUT
Mr. Bud Bailey stated he is experiencing a problem with his neighbor's dogs. The last month and a half the dogs have been consistently barking all night and day. He called the Sheriff's Department and they did come out and informed the neighbor to quiet the dogs down. After they left, the noise continued and nothing has been done since. He is having to rent a hotel room to get some sleep and he has missed work due to the lack of sleep. He needs some direction on how to solve this issue.
City Manager Hughes stated the recommendation should be for Mr. Bailey to meet with John Jaquess and to contact Animal Control.
Mr. Bud Bailey stated he believes Animal Control sent a letter to the dog owner as well and he is willing to speak with Mr. Jaquess for further assistance.
CITY COUNCIL/REDEVELOPMENT AGENCY CONSENT CALENDAR
City Clerk Hughes stated on item #3 and item #5, their agency minutes inadvertently states Council Members instead of Agency Members so this was changed throughout the document and on item #2, John Moran is stated throughout the document. It should state John "Mirau." This has been changed throughout the document. Also, the vote throughout the whole document was noted, 4-1, with Councilwoman Scott absent. It should state, "4-0," as no one dissented. This was changed throughout the document. On page 7 of 18, last paragraph, last sentence states improving this project. It should state "approving this project." On item #4, page 7 of 9, item #14 the ethics training, paragraph two should be inserted with "City Clerk Hughes stated on January 9, 2007, Mr. Hatfield informed her that he will not comply with AB 1234." On page 8 of 9, #15, second line, it states Mayor Longsdale, it should be "Lawrence Dale." The next sentence should start with "Councilman McCallon stated he was appointed" and then the fifth line down states CMI8. It should be "CMIA."
A MOTION was made by Councilman Timmer, seconded by Mayor Pro Tem Lilburn, to approve the consent calendar as submitted with corrections and with the exception of item #11 being pulled for further discussion. Motion carried on a roll call vote, 5-0, with Councilwoman Scott abstaining from item #2 and item #3.
1. Waive the Reading of All Ordinances
Waived the reading of all Ordinances in their entirety and read by title only.
2. Minutes - January 9, 2007 City Council Regular Meeting
Approved Minutes as submitted.
3. Minutes - January 9, 2007 RDA Regular Meeting
Approved Minutes as submitted.
4. Minutes - January 23, 2007 City Council Regular Meeting
Approved Minutes as submitted.
5. Minutes - January 23, 2007 RDA Regular Meeting
Approved Minutes as submitted.
6. Warrant Register
Approved Warrant Register No. 434 for February 13, 2007, in the amount of $2,234,292.51 and Payroll of $121,805.30.
7. Treasurer's Report for December 2006
Received and filed Treasurer's Report for December 2006.
8. Claim Consideration - Celia Garibay Oseguerra
Rejected claim.
9. Claim Consideration - Lucera Sandoval etal
Rejected claim.
10. Declaration of Two Vacant Seats on the Design Review Board (DRB)
1. Declared two (2) seats vacant on the Design Review Board; and
2. Directed the City Clerk to advertise the vacancies pursuant to the Maddy Act.
12. Easement Acceptance/Uriel Arreola and Vanessa Negrete (7760 Del Rosa Avenue)
1. Accepted the Grant of Easement for Road and Drainage Purposes from Uriel Arreola and Vanessa Negrete; and
2. Directed the City Clerk to record the Grant of Easement.
13. Easement Acceptance/Sidney Mossiah (7468 Newcomb Street)
1. Accepted the Grant of Easement for Road and Drainage Purposes from Sidney Mossiah; and
2. Directed the City Clerk to record the Grant of Easement.
14. Easement Acceptance/Pacific Street Sidewalk
1. Accepted the Grant of Easements for Road and Drainage Purposes from Sajjad Ahmed; and
2. Directed the City Clerk to record the Grant of Easements.
ITEMS REMOVED FROM THE CONSENT CALENDAR
11. Land Lease Agreement between the City of Highland and Los Angeles SMSA Limited Partnership d/b/a/ Verizon Wireless to Install and Operate a Wireless Telecommunications Facility at Aurantia Park
City Manager Hughes stated staff would like to request approval by the City Council with the contingency that staff review some insurance language that was just presented to the city today and also a final form approval by the City Attorney.
A MOTION was made by Councilman McCallon, seconded by Councilman Timmer,
to authorize the City Manager to execute the Land Lease Agreement and Memorandum of Lease with SMSA Limited Partnership d/b/a/ Verizon Wireless to install and operate a wireless telecommunications facility at Aurantia Park contingent upon City Attorney approval. Motion carried, 5-0.
CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING
15. Consideration of an Appeal of the Planning Commission's Determination to Uphold Design Review Board's Approval of a Design Review Application (DRB 006-023) (Planning Commission Resolution 006-025); for the Site Plan, Grading Plan, and the Granting of a Notice of Exemption for a 5,203 Square Foot Bank with Drive-up ATM Facility and 6,037 Square Foot Speculative Retail Building - Assessor Parcel Number 1200-461-11-0000. (Applicant -- Citicom Development)
The Appeal is as follows: Appeal 006-005: The Appellant is requesting reconsideration of the Planning Commission's determination to uphold Design Review Board's approval of the site plan, grading plan and the Granting of a Notice of Exemption for the Design Review Application (DRB-006-023).
City Planner Mainez stated he will briefly give an update on this application and answer any questions you may have. The developer, Citicom, is here. I don't see the appellant, Mr. Drake, so he will try and answer the best he can. The appeal before you tonight is a request by Mr. Drake to overturn the Planning Commission's appeal of the DRB's approval of the project. He does want to note that the Design Review Board only approved the site plan and the grading plan. The project still needs to go forward to the Design Review Board and it will take action on the architecture, the landscaping, the lightning, and there's a few other items. A lot of details, so tonight, it's just the site plan and the grading plan that's on request. You may have also noticed that the appeal's application is not very detailed, it's a little ambiguous. As a result, staff reviewed the minutes to clarify exactly what his issues were and they are presented in the staff report. So, he will quickly go through those items and will ask Ernie to assist with some questions. The first one is traffic concerns and on page 5 of the staff report if you want to follow along, the traffic concerns basically are mitigated through design. There is a condition that they widen Base Line adding another lane in front of their site. This gives visitors an opportunity to do u-turns at the intersection of Base Line and Boulder into the site. There are two driveways into this site, one on Boulder and one on Base Line. They are wide enough. There's an internal circulation so you could access both driveways. Obviously the parking is sufficient. The other item is crime and loitering according to the minutes. As every commercial project is conditioned in our city there are specific requirements for security cameras, security lighting, there is a review by our police department for accurate locations of those cameras as well as lighting intensity. We've also restricted the hours of operation. I believe its stated here, 8:00 a.m. to 10:00 p.m. at night, and that also includes the ATMs. Those will be shut down at 10:00 p.m. In terms of lighting, again, the lighting still needs to go forward to Design Review Board, so we don't have a lot of details tonight. It will be supplemented with the security cameras and will be reviewed by the police department. In terms of noise, one of the application requirements was a submittal of a noise study. It addressed the only mitigation for this project was a solid wall along the north and along the western property lines. The consultant felt that the buildings were set far enough from the residences where you didn't really have a concern with the rooftop equipment. I know that was a concern on other projects, so there's some specifications on that as well. We've also, again, restricted the hours of operation and that also includes, the ATM. Although landscaping, if you ask a noise engineer, a noise consultant, they will tell you that you need at least 50 feet thick landscaping to even make a difference but he mentions landscaping because that sometimes psychologically will help with the noise and the Design Review Board will look at that. CEQA is concerned that staff, Planning Commission and the Design Review Board has determined that this was an exempt project. It's an in fill project and we list it in the staff report four or five items that we included as findings to support that determination. That concludes staff's presentation.
Councilman Timmer stated he would like to ask two quick questions, the first one has been answered, the question was going to be will the Design Review Board be involved in the final design and you've already answered that. The second one is he really is not clear on the traffic issue where you said the u-turns, they're allowed to make u-turns there now. Is Base Line going to be widened on the north side of the street? Right now he sees people making u-turns and sometimes they don't make it on the first go and it's quite dangerous.
City Engineer Wong stated currently Base Line and Boulder u-turns are prohibited. There is a sign there but actually this project will provide additional width of the pavement and can accommodate u-turn safety.
Councilman Timmer inquired if u-turns will still be prohibited.
City Engineer Wong responded after this project, we will remove the u-turn restriction and we will allow u-turns.
Councilman Timmer inquired if the vision is to have the median continuing further west from Stoney Creek at this point as part of this project.
City Engineer Wong responded no, not as part of this project because that median work should really be done with the other street widening and median work further west of this project, however, it is still part of the master plan.
Mayor Jones inquired if the appellant was present.
There was no answer from any person who may be or represents the appellant.
Mayor Jones stated then we will hear from the applicant.
Citicom stated he wants to thank the staff for the continued effort to help out with this project. He just wanted to mention there are a lot of issues we need to work with. He is open for questions from Council.
Councilwoman Scott stated she thought this was going to be just one building and it's going to be two separate buildings and there will be a block wall on the north and on the west, correct.
City Planner Mainez responded that's correct.
Councilwoman Scott asked which building is going to be the bank, the first or the last.
City Planner Mainez stated it is the one on the corner.
Councilwoman Scott stated okay and the after hours bank is going to be on the side closest to Boulder.
City Planner Mainez stated the drive-through ATM, yes, it will be on Boulder.
Citicom stated and that will only be until 10:00 pm.
Councilwoman Scott asked if there is a restriction on the Bank of America on Messina.
Councilman Timmer stated the issue there is residential housing right next to it. It's a noise issue.
City Planner Mainez stated that's correct.
Councilwoman Scott stated but with the block wall and it being on the Boulder side, she does not see what the problem is but that's all right.
Councilman Timmer stated the final landscaping plan, we heard orange trees discussed, and I think we all like orange trees but they don't do very well in landscaping plans, they all die within a few years. He'd hate to see a bunch of orange trees planted with the idea of being part of the landscaping scheme and they're all dead within a couple of years and we end up with nothing. He'd rather plant something we know is going to survive and really create a statement.
City Planner Mainez stated this issue will be explored with the Design Review Board.
Mayor Pro Tem Lilburn stated we're concerned, she had thought we had addressed the noise issues but we're so concerned about an ATM creating so much noise, then her guess, how do we not address, because that's very minimal she would suspect, so how do we justify the noise during the day. If we're worried about the ATM at night because isn't that what ATM's are for, for convenience and so why would . . .
City Planner Mainez stated it's related to the ambient noise level. During the day it's not as obvious. At night when it's pretty quiet that could be a little bit more of a nuisance. You're right, it's not significant relative to everything else but it is because it is so close to the neighborhood.
Councilwoman Scott stated as close to Boulder as it is, she can't see where it would be a problem, anymore of a problem than the cars driving up and down Boulder and they can drive up and down two, three, four o'clock in the morning. Now, if it was on center side, I could see it but I can't see it on the Boulder side.
Councilman Timmer stated, again, just to confirm the ATM's are in the drive box section on the east side of the project.
City Planner Mainez stated correct.
Councilman Timmer stated so most people would then be turning back onto Boulder or going through the project back onto Base Line.
City Planner Mainez stated then the headlights would be shining northerly so hopefully we can regulate that.
Councilman Timmer stated he would think 10 o'clock would be fine with the understanding after a period of use, if it doesn't seem to be an issue they can certainly re-address the hours of operation. They're not locked in.
Councilwoman Scott stated she is thinking of the lights and noise, etc., just down the street from this project at the McDonald's,
Councilman Timmer stated if Councilwoman Scott remembers we had the same issues so the lights were designed a special way and extra landscaping and the walls were a little taller.
Councilwoman Scott stated but she does not see the lights doing that with a brick wall on the north and the west.
Councilman Timmer stated he imagines they won't be as tall and have screens on them and different things.
Ms. Susan Shepard stated there are a couple of issues too. It isn't the noise from the ATM that concerns us, it's the people loitering in the parking lot. People waiting to use the ATM and they have their radio cranked up. During the day it is fine but after hours it should be quiet.
Councilman McCallon stated he has reviewed all the material that is here and this project, he thinks, on that corner is probably the least intrusive compared to a commercial zoning. This is office professional, it's not going to have some of the noise producing kinds of businesses in there. The hours of operation will be different and the project by right of zoning has a right to be there based on our zoning. He really has heard nothing in the public testimony to indicate that we should approve the appeal, therefore, he moves to deny the appeal.
Councilwoman Scott stated the reason for her second is valid concerns in the letter and where it says the plain stucco building. That has not been addressed yet and so she is sure that staff would not allow just a plain stucco building. She does appreciate the concerns that have been expressed here today. She agrees that office professional will be much more preferred than commercial which would bring more noise.
A MOTION was made by Councilman McCallon, seconded by Councilwoman Scott, to uphold the Planning Commission's determination for approval and adopt Resolution No. 2007-009. Motion carried, 5-0.
RESOLUTION NO. 2007-009
A RESOLUTION OF THE CITY COUNCIL TO UPHOLD THE PLANNING COMMISSION'S DETERMINATION, TO UPHOLD THE DESIGN REVIEW BOARD'S DETERMINATION, APPROVING THE SITE PLAN AND GRADING PLAN SUBJECT TO CONDITIONS OF APPROVAL AND ADOPTING A NOTICE OF EXEMPTION FOR DESIGN REVIEW APPLICATION (DRB 006-023) FOR THE CONSTRUCTION OF 5,203 SQUARE FOOT BANK WITH DRIVE-UP ATM FACILITY AND 6,037 SQUARE FOOT SPECULATIVE RETAIL BUILDING GENERALLY LOCATED AT THE NORTHWEST CORNER OF BASE LINE AND BOULDER AVENUE. APPLICANT: CITICOM DEVELOPMENT
CITY COUNCIL/REDEVELOPMENT AGENCY LEGISLATIVE
16. Proposed Resolution No. 2007-010 Supporting San Manuel Band of Mission Indians' Efforts to Amend its Compact Urging Members of the California Legislature to Expeditiously Ratify the Amendments as Negotiated and Executed on August 28, 2007
City Manager Hughes stated this item is a request from San Manuel Band of Mission Indians to pass a resolution supporting their efforts to amend its compact with the State of California.
Councilwoman Scott inquired if the City Attorney has an opinion regarding this item.
City Attorney Battersby stated this is a discretionary act on the part of the Council, you can't really affect State legislation but supporting resolutions may be recognized by your legislators. She would think Council would want to recognize what it is that the resolution is requesting and have some kind of understanding of the legislation that is supporting.
A MOTION was made by Councilwoman Scott, seconded by Mayor Pro Tem Lilburn, to consider the request from San Manuel for support the San Manuel Band of Mission Indians' Efforts to Amend its Compact Urging Members of the California Legislature to Expeditiously Ratify the Amendments as Negotiated and Executed on August 28, 2007. Motion carried, 4-1, with Councilman Timmer abstaining.
17. 2007/2008 Work Program
City Manager Hughes stated this is the adoption of the 2007/2008 Work Program. We've had a number of study sessions and this is the staff report adopting the Work Program. We will put together the final document with the all charts and graphs at a later time once the Work Program is approved.
A MOTION was made by Councilman McCallon, seconded by Mayor Pro Tem Lilburn, to adopt the Work Program for 2007/2008. Motion carried, 5-0.
18. Greenspot Bridge Report
City Manager Hughes stated this is the continuation of the emergency action relative to the repair of Greenspot Bridge. This will come before Council until the repairs have been completed.
Councilwoman Scott stated if the bridge is not repaired in the length of time, what is the prognosis of the closure of Alabama. Will this be held off until Greenspot is opened?
City Engineer Wong stated he has communicated with county staff and they realize the benefit of leaving one street open. However, they have expressed the concern for the contractor who has a certain commitment to fulfill. We have decided to keep the county informed of our progress and they can see how they can fit our time line into their construction time line with the idea that as long as it is not causing them any problems, they will work with us to keep Alabama open.
A MOTION was made by Councilwoman Scott, seconded by Councilman McCallon, to continue the emergency action relative to the repair of Greenspot Road Bridge. (A four-fifths vote is required for this action). Motion carried, 5-0.
19. Update on SANBAG, SCAG, Omnitrans, Work Program and Regional/Legislative Issues/Development Issues/Subcommittees/AB 1234 Updates
Councilman McCallon stated at the last SCAG meeting it was attempted to get the Regional Housing Need Assessment policy direction changed which the implementation of the 3% vacancy rate against the increment of growth and housing need in the future. The Aviation Task Force is trying to revise the Southern California Regional Airport Authority which consists of, in the past, one member from each county in the region plus a member of from the City of Los Angeles. As it was originally constituted, it has eminent domain authority. It had authority to own and operate airports, and authority to run airline and as a result of all that and requiring unanimous votes to do anything. It went out of existence for awhile. Potential membership was also discussed with cities that host airports and authorities which operate airports such as the San Bernardino International Airport Authority.
Mayor Pro Tem Lilburn stated Omnitrans is going through a comprehensive operations analysis and what this is doing Omnitrans has to have a 20% fare box recovery, otherwise this may cause serious concern. This causes loss of funds from the State of California. The goal is a 25% fare box recovery because if the 20% is not reached we will jeopardize the entire program. Highland will not have changes.
20. San Bernardino International Airport Authority and IVDA
None
ANNOUNCEMENTS
None
CLOSED SESSION
At 7:05 p.m., the City Council and Redevelopment Agency convened into closed session regarding the following:
INSTRUCTIONS TO REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 REGARDING THE FOLLOWING REAL PROPERTIES:
(a) Real property commonly known as 6476 Victoria Avenue, Highland, California and identified as San Bernardino County Assessor's Parcel Numbers 0285-742-08 and 0285-742-10, owned by Balbir Singh Jhawar and Harinderjit Jhawar, Trustees of the Balbir Singh & Harinderjit Jhawar Family Trust under the provisions of a trust agreement dated December 24, 1998, as to Parcel Nos. 1 and 2; Mark D. Gardner and Patricia A. Gardner, as Trustees of the Gardner Family Trust Dated April 17, 1992, as to Parcel No. 3. City negotiators, Joseph Hughes, City Manager, regarding instructions to negotiators concerning price and terms. City negotiators may negotiate with the property owners Balbir Singh Jhawar and Harinderjit Jhawar, Trustees of the Balbir Singh & Harinderjit Jhawar Family Trust under the provisions of a trust agreement dated December 24, 1998, as to Parcel Nos. 1 and 2; Mark D. Gardner and Patricia A. Gardner, as Trustees of the Gardner Family Trust dated April 17, 1992, as to Parcel No. 3.
(b) Real property commonly known as 26492 E. Highland Avenue, Highland, California and identified as San Bernardino County Assessor's Parcel Number 0285-742-09, owned by Jhawar Enterprises Limited Partnership. City negotiators, Joseph Hughes, City Manager, regarding instructions to negotiators concerning price and terms. City negotiators may negotiate with the property owner Jhawar Enterprises Limited Partnership.
(c) Real property commonly known as 26454 E. Highland Avenue, Highland, California and identified as San Bernardino County Assessor's Parcel Number 0285-742-11, owned by Richard H. To and Darlene T. To. City negotiators, Joseph Hughes, City Manager, regarding instructions to negotiators concerning price and terms. City negotiators may negotiate with the property owners Richard H. To and Darlene T. To.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION 54956.9(a)
City of Highland v. McCarty, et al.
San Bernardino Superior Court Case No. SCISS130282
At 7:38 p.m., the City Council and Redevelopment Agency convened into open session, with all members present, making no announcements.
ADJOURN
There being no further business, Mayor Jones adjourned the meeting at 7:40 p.m. in memory of Florine Self and Robert Cram.
Submitted By: Approved By:
Betty Hughes, CMC Ross B. Jones
City Clerk Mayor