MINUTES
REDEVELOPMENT AGENCY AND CITY COUNCIL
REGULAR MEETING
JUNE 12, 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 6:00 p.m. by Mayor Jones at the Donahue Council Chambers, 27215 Base Line, Highland, California.
The invocation was given by Reverend Mark Rush of Immanuel Baptist Church and the Pledge of Allegiance was led by Pack 24, 2nd Year Weeblos.
ROLL CALL
Present: Lilburn, McCallon, Scott, Timmer, Mayor Jones
Absent: None
SPECIAL PRESENTATIONS
Mayor Jones presented Georgia Bush and Gloria Goldston with a proclamation for Foster Care Awareness Month.
Mayor Jones presented Paul Scott with a proclamation for his service on the Planning Commission.
COMMUNITY INPUT
Ms. Jeanne Ringo stated her neighborhood is concerned about a new person who bought a home and this person's intentions are making this home into a half way house. She does not know how far in the process this person has gone. Her neighborhood is concerned for their safety and for the value of their homes. There also is a licensed day care facility within the vicinity of this home.
Mr. Patrick Miller stated as he sees it, the mission of these half way houses is to provide a therapeutic atmosphere for individuals with disabilities such as substance abuse, anger management or psychiatric problems. One of the things they should be taught is to respect themselves, others and to respect their community. This home should respect the community and should be the nicest house in the neighborhood. It should be the best kept house in the neighborhood. It should be quiet and the neighbors should not feel bad about it. What should not happen is having the house painted a garish color of yellow with purple trim which states to the neighbors they don't care about the neighborhood. The color makes a statement about himself and how he feels about the community. He feels the City of Highland should take the lead and license it with staffing qualifications and requirements.
Mayor Jones stated the Council appreciates your attendance and appreciates citizens informing us of these homes. Interestingly enough we have spent hundreds of hours with our Legislators trying to get some leverage in controlling and being aware of group homes under six individuals. Currently, there is no state law or no licensing requirements for them but we are still working on this. We have not given up and our Legislators are working aggressively to attempt to give us some assistance in that area.
Mr. Jack Jennings stated he has concerns for the large truck coming in and out of his neighborhood. He would appreciate it if the removal of this truck would occur and not come back. He was told it would not return but it has. He feels that code is a bit biased towards this item.
Ms. Jeanette Swedlove stated she resides approximately three homes away from the proposed half way house. She is an active member of her neighborhood watch program. She has fear and anger but mostly fear for her family's safety. Her fear is if the establishment comes in and brings troubled adults, teens or children she is not going to be able to allow her children to have the childhood freedom of being outside. She is asking for assistance to help this situation and try to rectify it.
Mr. Tom McNeal stated for the last 34 years he has been the owner of the Valencia Lea Mobile Home Park. He has a petition with 290 signatures objecting to the establishment of the half way house in the neighborhood immediately to the east of the park. As it was presented to the park, a half way house is a place where younger people who have had some sort of problems with the law are given a second chance. The people who have signed this petition are afraid the line of least resistance will lead to their own back door. It is helpful to hear what the Council is trying to do in regards to oversight of these kinds of homes, and on behalf of the senior citizens of Valencia Lea and the community as a whole, he urges Council to do everything humanly possible to prohibit the establishment of this half way house in the midst of our community.
Ms. Janet Ford stated she resides across the street from the infamous house. She looks at it everyday. She recognizes that to color one's home is a personal matter of choice and respects that. However, the fact that this individual's residence appears to be a color to shock rather than to blend in with the rest of the community residences makes her fearful that it is deliberately designed to have a negative influence on the neighborhood thereby reducing the home values so that more residences could be cheaply bought up for perhaps more of these board and care businesses in our neighborhood. She expects the Council to do whatever they can to alleviate her fear.
CITY COUNCIL/REDEVELOPMENT AGENCY CONSENT CALENDAR
A MOTION was made by Councilman Timmer, seconded by Councilman McCallon, to approve the consent calendar as submitted with the exception of item #2, item #7, item #11 and item #12 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.
3. Treasurer's Report for April 2007
Received and filed Treasurer's Report for April 2007.
4. Claim Consideration - Janese K. Diehl
Rejected claim.
5. Bid Award - Project 2007-02 "CDBG Street Rehabilitation"
Awarded the contract for Project 2007-02 "CDBG Street Rehabilitation" to International Pavement Solutions, Inc. (IPS).
6. Resolution No. 2007-027 Rendering the Annual Statement of Investment Policy for Fiscal Year 2007-2008
Adopted Resolution No. 2007-027 rendering the Annual Statement of Investment Policy for Fiscal Year 2007-2008.
RESOLUTION NO. 2007-027
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HIGHLAND, CALIFORNIA, ADOPTING THE ANNUAL STATEMENT OF
INVESTMENT POLICY FOR FISCAL YEAR 2007/2008
8. Adjustment to Employee Benefits
Adopted Resolution No. 2007-029 amending Resolution No. 2006-022 establishing personnel system rules and rescinding Resolution No. 2006-033.
RESOLUTION NO. 2007-029
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF HIGHLAND, CALIFORNIA,
AMENDING RESOLUTION NO. 2006-022 ESTABLISHING
PERSONNEL SYSTEM RULES & RESCINDING RESOLUTION NO. 2006-033
9. Resolution No. 2007- 030 Establishing the Appropriations Limit for Fiscal Year 2007-2008 for the City of Highland in Accordance with the Provisions of Division 9 of Title 1 of the California Government Code
Adopted Resolution No. 2007-030 establishing the Appropriations Limit for Fiscal Year 2007-2008 for the City of Highland in accordance with the provisions of Division 9 of Title 1 of the California Government Code.
RESOLUTION NO. 2007-030
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HIGHLAND, CALIFORNIA, ESTABLISHING THE APPROPRIATIONS
LIMIT FOR FISCAL YEAR 2007-2008 FOR THE CITY OF
HIGHLAND IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9
OF TITLE 1 OF THE CALIFORNIA GOVERNMENT CODE
10. Resolution No. 2007- 031 Adopting Amendments to the City of Highland Premium Only Plan
Approved Resolution No. 2007-031 adopting amendments to the City of Highland Premium Only Plan.
RESOLUTION NO. 2007-031
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF HIGHLAND, CALIFORNIA,
AMENDING THE CITY OF HIGHLAND PREMIUM ONLY PLAN
13. Renewal of the Joint Sponsorship and Use of Facilities Agreement with the San Bernardino City Unified School District for the Use of Cypress and Thompson Elementary Schools in Association with the After School Activity Program
Approved the Agreement for Joint Sponsorship and Use of Facilities with the San Bernardino City Unified School District and authorize the City Manager to execute the Agreement.
14. Staff Agency Appointment
Appointed Joseph Hughes, City Manager, as the City's Director to the Board of Directors of PARSAC and Chuck Dantuono, Director of Administrative Services as the Alternate Director.
15. Street and Drainage Maintenance District 96-1 Annual Report (Fiscal Year 2007/08)
1. Adopted Resolution No. 2007-034 giving preliminary approval of the annual report; and
2. Adopted Resolution No. 2007-035 setting July 31, 2007, as the date of the protest hearing.
RESOLUTION NO. 2007-034
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND,
COUNTY OF SAN BERNARDINO, CALIFORNIA,
GIVING PRELIMINARY APPROVAL OF REPORT FOR
STREET AND DRAINAGE MAINTENANCE DISTRICT NO. 96-1
FISCAL YEAR 2007-08
RESOLUTION NO. 2007-035
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND,
CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT
ASSESSMENTS FOR FISCAL 2007-08 IN STREET AND DRAINAGE
MAINTENANCE DISTRICT NO. 96-1, AN ASSESSMENT DISTRICT,
AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO
16. Consolidated Landscape and Lighting District 96-1 Annual Report (Fiscal Year 2007-08)
1. Adopted Resolution No. 2007-036 giving preliminary approval of the annual report; and
2. Adopted Resolution No. 2007-037 setting July 31, 2007, as the date for Protest Hearing on the levying of the 2006-07 assessments for Consolidated Landscape and Lighting District 96-1.
RESOLUTION NO. 2007-036
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND,
COUNTY OF SAN BERNARDINO, CALIFORNIA,
GIVING PRELIMINARY APPROVAL OF ENGINEER'S REPORT FOR
CONSOLIDATED LANDSCAPING & LIGHTING DISTRICT NO. 96-1
FISCAL YEAR 2007-08
RESOLUTION NO. 2007-037
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND,
CALIFORNIA DECLARING ITS INTENTION TO LEVY AND COLLECT
ASSESSMENTS FOR FISCAL 2007-08 IN CONSOLIDATED LANDSCAPE AND
LIGHTING DISTRICT NO. 96-1, AN ASSESSMENT DISTRICT, AND OFFERING A
TIME AND PLACE FOR HEARING OBJECTIONS THERETO
ITEMS REMOVED FROM CONSENT CALENDAR
2. Warrant Register
Councilwoman Scott inquired about the $7,010.00 floor repair work on the new Athletic Center.
City Manager Hughes responded the repair work was done on the old Athletic Center, the gymnasium, which is located at the Jerry Lewis Community Center.
A MOTION was made by Mayor Pro Tem Lilburn, seconded by Councilman McCallon, to approve Warrant Register No. 442 for June 12, 2007, in the amount of $3,149,163.67 and Payroll of $57,130.70. Motion carried, 5-0.
7. Resolution No. 2007- 028 Confirming the Authority of the City Treasurer Pursuant to Government Code Section 53607
Councilwoman Scott stated the staff reports refers to the wiring policy and it states what the wiring policy says but the wiring policy was not included as an attachment. The resolution eludes to the wiring policy but there is no proof of what the wiring policy actually says.
City Manager Hughes stated we are not changing the policy. This is just an re-affirmation of Chuck Dantuono, Director of Administrative Services, as the City Treasurer. A copy of the policy will be placed in Councilwoman Scott's mailbox.
A MOTION was made by Councilwoman Scott, seconded by Councilman Timmer, to adopt Resolution No. 2007-028 Confirming the Authority of the City Treasurer pursuant to Government Code Section 53607. Motion carried, 5-0.
RESOLUTION NO. 2007-028
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HIGHLAND, CALIFORNIA, CONFIRMING THE
AUTHORITY OF THE CITY TREASURER PURSUANT TO
GOVERNMENT CODE SECTION 53607
11. Resolution No. 2007-032 Adopting the Employee Classification and Compensation Plan Prepared by The Davis Company and Implementing on July 1, 2007, a Three (3) Percent Across the Board Adjustment for All Employees
Councilwoman Scott stated the implementation of the study would include the creation of the positions of a Public Services Coordinator and a Maintenance Superintendent. However, neither one of the lists included in the staff report are these two positions included.
City Manager Hughes stated this is because the two positions are new positions. The lists included in the staff reports are current positions.
A MOTION was made by Councilman Timmer, seconded by Mayor Pro Tem Lilburn, to adopt Resolution No. 2007-032 adopting the Employee Classification and Compensation Plan prepared by The Davis Company and implementing on July 1, 2007, a three (3) percent across the board adjustment for all employees. Motion carried, 5-0.
RESOLUTION NO. 2007-032
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF HIGHLAND, CALIFORNIA,
RESCINDING RESOLUTION NO. 91-80, 94-56, 95-17, 96-46,
96-68, 97-43, 98-06, 98-42, 99-32, 99-56, 00-38, 01- 35,
02-02, 02-07, 03-27, 04-28, 05-31 and 06-22
ESTABLISHING EMPLOYEE SALARIES
12. 1) Resolution No. 2007-033 of the City Council of the City of Highland Approving Payment by the Highland Redevelopment Agency for the Costs of Certain Public Improvements in Connection with the Issuance and Sale by the Highland Redevelopment Agency of Its Highland Redevelopment Project Area No. 1 Tax Allocation Bonds, Series 2007
2) Resolution No. RDA2007- 003 of the Highland Redevelopment Agency Approving Payment by the Agency for the Costs of Certain Public Improvements in Connection with the Issuance and Sale by the Agency of Its Highland Redevelopment Project Area No. 1 Tax Allocation Bonds, Series 2007
Councilman McCallon stated he originally opposed the expanded bond out to $42 million and providing what he considers a subsidy to development along Greenspot Road. No other development that has occurred in the city, up until this point, has been subsidized by the city and the RDA. The reason for his pulling this item is the Council has to make a finding that states no other reasonable means of financing such improvements is available to the city. He believes on the item of the Golden Triangle infrastructure that there are other reasonable means of financing such as having a developer pay for it, therefore, he is voting against this item.
A MOTION was made by Mayor Jones, seconded by Councilwoman Scott, to adopt Resolution No. 2007-033, a Resolution of the City Council of the City of Highland approving payment by the Highland Redevelopment Agency for the costs of certain public improvements in connection with the issuance and sale by the Highland Redevelopment Agency of its Highland Redevelopment Project Area No. 1 Tax Allocation Bonds, Series 2007 and to adopt Resolution No. RDA2007-003, a Resolution of the Highland Redevelopment Agency approving payment by the Agency for the costs of certain public improvements in connection with the issuance and sale by the Agency of its Highland Redevelopment Project Area No. 1 Tax Allocation Bonds, Series 2007. Motion carried, 3-2, with Councilman McCallon and Councilman Timmer dissenting.
RESOLUTION NO. 2007-033
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HIGHLAND APPROVING PAYMENT BY THE HIGHLAND REDEVELOPMENT AGENCY FOR THE COSTS OF CERTAIN PUBLIC IMPROVEMENTS IN CONNECTION WITH THE ISSUANCE AND SALE BY THE HIGHLAND REDEVELOPMENT AGENCY OF ITS HIGHLAND REDEVELOPMENT PROJECT AREA NO. 1 TAX ALLOCATION BONDS, SERIES 2007
RESOLUTION NO. RDA2007-003
A RESOLUTION OF THE HIGHLAND REDEVELOPMENT AGENCY APPROVING PAYMENT BY THE AGENCY FOR THE COSTS OF CERTAIN PUBLIC IMPROVEMENTS IN CONNECTION WITH THE ISSUANCE AND SALE BY THE AGENCY OF ITS HIGHLAND REDEVELOPMENT PROJECT AREA NO. 1 TAX ALLOCATION BONDS, SERIES 2007
CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING
17. Resolution No. 2007-038 Adopting a Biennial Budget for Fiscal Years 2007-2009
City Manager Hughes gave a brief review of the staff report.
A MOTION was made by Councilman McCallon, seconded by Councilman Timmer, to adopt Resolution No. 2007-038 adopting the biennial budget for Fiscal Years 2007-2009. Motion carried, 5-0.
RESOLUTION NO. 2007-038
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HIGHLAND, CALIFORNIA, ADOPTING A BIENNIAL BUDGET
FOR FISCAL YEARS 2007-2009
18. Resolution No. RDA2007- 004 Adopting a Biennial Budget for Fiscal Years 2007-2009
City Manager Hughes gave a brief review of the staff report.
A MOTION was made by Councilwoman Scott, seconded by Mayor Pro Tem Lilburn, to adopt Resolution No. RDA2007-004 adopting a biennial budget for Fiscal Years 2007-2009. Motion carried, 4-1, with Councilman Timmer dissenting.
RESOLUTION NO. RDA2007-004
A RESOLUTION OF THE HIGHLAND REDEVELOPMENT AGENCY
ADOPTING A BIENNIAL BUDGET FOR FISCAL YEARS 2007-2009
CITY COUNCIL/REDEVELOPMENT AGENCY LEGISLATIVE
19. Two (2) Appointments to the Building Code Appeals Board (BCAB)
City Clerk Hughes stated there is only one application for the Building Code Appeals Board in which Shawn Burch is currently serving and would like to be reconsidered for the position.
A MOTION was made by Councilman Timmer, seconded by Mayor Pro Tem Lilburn, to appoint Shawn Burch, a member of the Public, to the Building Code Appeals Board, which term expires in June 2009, and to readvertise one vacancy on the Building Code Appeals Board pursuant to the Maddy Act. Motion carried, 5-0.
20. Second Reading of Ordinance No. 313 Describing the Redevelopment Agency's Program to Acquire Real Property by Eminent Domain Pursuant to the Provisions of the California Community Redevelopment Law, Health and Safety Code Section 33342.7
Community Development Director Jaquess gave a brief review of the staff report.
A MOTION was made by Councilman McCallon, seconded by Councilwoman Scott, to adopt Ordinance No. 313. Motion carried, 5-0.
City Clerk Hughes introduced Ordinance No. 313:
ORDINANCE NO. 313
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HIGHLAND DESCRIBING THE REDEVELOPMENT AGENCY'S PROGRAM TO ACQUIRE
REAL PROPERTY BY EMINENT DOMAIN PURSUANT TO THE PROVISIONS OF THE CALIFORNIA COMMUNITY REDEVELOPMENT LAW,
HEALTH AND SAFETY CODE SECTION 33342.7
which title was read.
21. Designation of Enforcement Officers and Authorization to Issue Administrative Citations
Administrative Analyst Rissmiller gave a brief review of the staff report.
A MOTION was made by Mayor Pro Tem Lilburn, seconded by Councilman McCallon, to introduce Ordinance No. 314 amending Sections 1.20.010 and 2.56.030 of the Highland Municipal Code. Motion carried, 5-0.
City Clerk Hughes introduced Ordinance No. 314:
ORDINANCE NO. 314
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA, AMENDING SECTION 1.20.010 OF CHAPTER 1.20;
AND AMENDING SECTION 2.56.030 OF CHAPTER 2.56 OF THE
HIGHLAND MUNICIPAL CODE REGARDING CITY POSITIONS WITH
CITATION POWERS AND DESIGNATING ADDITIONAL POSITIONS
WITH GENERAL ENFORCEMENT AUTHORITY
TO ISSUE ADMINISTRATIVE CITATIONS
which title was read.
22. Authorization to Issue a Request for Proposals for Qualified Contractors to Board-up Vacant and/or Substandard Properties Associated with Code Compliance Activities
Community Development Director Jaquess gave a brief review of the staff report.
A MOTION was made by Councilwoman Scott, seconded by Councilman McCallon, to authorize staff to issue a Request for Proposals to obtain a list of qualified contractors to perform board-up and clean-up services on vacant and/or substandard properties associated with Code Compliance activities. Motion carried, 5-0.
23. Resolution No. 2007- 039 Supporting $1 Billion State Budget Allocation of Proposition 1B Funds to Cities in 2007-08
City Clerk Hughes gave a brief review of the staff report.
A MOTION was made by Mayor Pro Tem Lilburn, seconded by Councilman McCallon, to consider the request from the League of California Cities and adopt Resolution No. 2007-039 supporting $1 billion state budget allocation of Proposition 1B funds to cities in 2007-08. Motion carried, 5-0.
RESOLUTION NO. 2007-039
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA, SUPPORTING $1 BILLION STATE BUDGET ALLOCATION
OF PROP. 1B FUNDS TO CITIES IN 2007-08
24. Update on SANBAG, SCAG, Omnitrans, Work Program and Regional/Legislative Issues/Development Issues/Subcommittees/AB 1234 Updates
Councilman McCallon stated SCAG approved the final regional housing need assessment numbers and distribution. He has been elected to be the Vice Chair of this committee.
Mayor Pro Tem Lilburn stated Omnitrans also elected officers for the next year.
Mayor Jones stated the San Bernardino Unified School District held their Opera Festival and had 17 schools make their presentations. Each classroom, who wrote an opera, was red flagged to track their test scores in regards to other classes that are not participating in the program. This will help bring additional funds forward to the Opera program. This year we will be able to see the numbers and see how the children actually scored on the testing of No Child Left Behind.
25. San Bernardino International Airport Authority and IVDA
City Attorney Battersby stated she would like to point out on the SBIAA Agenda there is an item to approve reimbursement agreement between the City of San Bernardino International Airport Authority and the City of San Bernardino for the preparation of the City of San Bernardino's ALUCP using the firm of Mead and Hunt. She would hope the city's representative at this meeting would question whether the City of Highland will be included in this plan and object if it is.
ANNOUNCEMENTS
Wednesday, July 31 at 6:00 p.m. Public Hearing for Assessment Districts
CLOSED SESSION
At 7:05 p.m., the City Council and Redevelopment Agency convened into closed session regarding the following:
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to Government Code Section 54956.8 regarding the following property:
Property: APN 1192-542-38
Negotiating parties: Joseph Hughes, City of Highland
Sung N. & Ok J. Lee
Under negotiation: Instruction to City's negotiator concerning price and terms of payment.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957:
Title: City Manager
At 7:43 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 7:45 p.m.
Submitted By: Approved By:
___________________________ ________________________________
Betty Hughes, CMC City Clerk Ross B. Jones, Mayor