MINUTES
REDEVELOPMENT AGENCY AND CITY COUNCIL REGULAR MEETING &
SPECIAL MEETING OF THE PUBLIC FINANCE AUTHORITY
JULY 24, 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 6:05 p.m. by Mayor Jones at the Donahue Council Chambers, 27215 Base Line, Highland, California.
The invocation was given by Reverend Todd Barnett of Immanuel Baptist Church and the Pledge of Allegiance was led by Councilwoman Scott.
ROLL CALL
Present: Lilburn, McCallon, Scott, Timmer, Mayor Jones
Absent: None
SPECIAL PRESENTATIONS
Mayor Jones presented the City of Highland with a photograph of the Senior Center utilizing the Therapy Pool.
Mayor Jones presented City Attorney Battersby with a proclamation recognizing her 20 years of dedicated service to the City of Highland.
COMMUNITY INPUT
Mr. Virgil Watson stated he resides at Silver Creek Mobile Estates. He is present this evening due to a rent increase of $35 a month that was to take place in January 1, 2007. Two weeks ago, another notice was received stating another rent space increase of $55 a month will take place on October 1, 2007. Most residents are on a fixed income and the increase is a hardship. The residents are asking the City Council to create an ordinance for rent control in Highland.
Ms. Brenda Suderman stated her mother resides at Silver Creek Mobile Estates. Every year for the past 20 plus years the rent space has increased. The residents are supposed to look forward to retirement and not have to worry about their living situations. The new owners, it seems, are out for the money and have no interest in the residents.
Mayor Jones stated he would like to appoint an Ad-Hoc Committee of Councilwoman Scott and Mayor Pro Tem Lilburn to work with the mobile home community to see what can be done to assist in this situation.
CITY COUNCIL/REDEVELOPMENT AGENCY/PUBLIC FINANCING AUTHORITY CONSENT CALENDAR
City Manager Hughes stated he would like to add an item to the agenda.
A MOTION was made by Councilman Timmer, seconded by Councilwoman Scott, to add an additional item, item #16, to the agenda regarding Strategic Growth Plan. Motion carried, 5-0.
A MOTION was made by Councilman McCallon, seconded by Mayor Pro Tem Lilburn, to approve the consent calendar as submitted. Motion carried on a roll call vote, 5-0, with Councilman Timmer abstaining from item #2, item #3, item #4, item #5 and item #6.
1. Waive the Reading of All Ordinances
Waived the reading of all Ordinances in their entirety and read by title only.
2. Minutes - May 24, 2007 City Council Adjourned Regular Meeting
Approved Minutes as submitted.
3. Minutes - May 24, 2007 City Council Special Meeting
Approved Minutes as submitted.
4. Minutes - May 24, 2007 RDA Adjourned Regular Meeting
Approved Minutes as submitted.
5. Minutes - May 24, 2007 RDA Special Meeting
Approved Minutes as submitted.
6. Minutes - May 24, 2007 Public Financing Authority Special Meeting
Approved Minutes as submitted.
7. Warrant Register
Approved Warrant Register No. 443 for July 24, 2007, in the amount of $1,817,210.30 and Payroll of $56,767.92.
8. Award of Bid Number 2007-6 "ELC Web Laboratory Furniture" for the Highland Sam Racadio Library and Environmental Learning Center to Hansen Lab Furniture
Awarded Bid Number 2007-6 "ELC Wet Laboratory Furniture" for the Highland Sam Racadio Library and Environmental Learning Center to Hansen Lab Furniture.
9. Transfer of Unprogrammed CDBG Funds
1. Allocated $40,915 Unprogrammed CDBG fund to Project No. 2006-024, "2006 Overlay Project"; and
2. Authorized the City's CDBG Programmer Administrator to approve future changes to projects previously approved by the City Council for CDBG funding, as long as such changes are non-substantial as defined under the CDBG program.
10. A Semi-Annual Report of the Processing of Applications per the City Council's "Come Home to Highland" Program and Policies for the Period of January 1, 2007, to June 30, 2007
Received and filed the report.
At 6:30 p.m., Mayor Jones adjourned the Public Finance Authority.
CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING
11. Consideration of a Resolution to Increase the Business Licenses Tax on the Extraction and/or Processing of Rock, Sand and Gravel (Aggregate) Pursuant to Section 5.17.040 (Rock, Sand and Gravel [Aggregate] Extraction and Processing Tax), of Chapter 5.17 (business License Tax on Extraction and/or Processing of Rock, Sand and Gravel [Aggregate]) of Title 5 (Business Licenses and Regulations
Community Development Director Jaquess gave a brief review of the staff report.
Mayor Jones opened the public hearing.
No opponents or proponents spoke.
Mayor Jones closed the public hearing.
A MOTION was made by Councilwoman Scott, seconded by Councilman McCallon, to adopt Resolution No. 2007-047 fixing the Highland Business License Tax on the extraction and/or processing of rock, sand and gravel (aggregate) for Fiscal year 2007-2008. Motion carried, 5-0.
RESOLUTION NO. 2007-047
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND
FIXING THE HIGHLAND BUSINESS LICENSE TAX ON THE
EXTRACTION AND/OR PROCESSING OF ROCK SAND AND GRAVEL (AGGREGATE) FOR FISCAL YEAR 2007-2008
12. Amendment to Underground Utility Ordinance
City Engineer Wong gave a brief review of the staff report.
Mayor Jones opened the public hearing.
No opponents or proponents spoke.
Mayor Jones closed the public hearing.
Mayor Jones asked if it will be figured on a unit basis rather than on a footage basis.
City Engineer Wong stated currently under the existing ordinance when a project is required to pay an in-lieu fee the City Engineer does not have a formula, does not have a fixed unit price to apply. It is done on a case by case basis where we consult with the utility company for their current price and then we would calculate the fee this way. In the future, we would like to standardize it and adopt a unit price for different types of utilities.
Councilman Timmer stated based on the current procedure, fees were done on a discretionary basis for what the dollar amount would be to underground or not to underground. Staff was being put in the middle of these situations. Several years ago it was suggested we have a standard procedure to calculate these fees.
Mayor Pro Tem Lilburn inquired if this formula will be reviewed on a regular basis.
City Engineer Wong responded yes. It will be similar to development impact fees where staff will come to Council periodically to reflect the market condition.
Councilwoman Scott stated the exempted are strictly the alteration or expansion of either residential or commercial and industrial and if it's more than 50% expansion or alteration, then it would not be exempt.
City Engineer Wong stated let me clarify this. If you own a home, all commercial projects will be exempt regardless of how much of an expansion it is.
Councilwoman Scott stated if I had a commercial building and I am going to add this much space on the other side, she would be exempt from all of that.
City Engineer Wong stated if you add less than 50% you will be exempt.
Councilman Timmer stated part of the confusion is the term exempt. Sometimes you are exempt from the fee and sometimes you are exempt from doing the work.
Councilwoman Scott stated so if commercial industrial does not require Design Review Board or Planning Commission approval, then it is exempt.
Councilman Timmer stated part of the issue we discussed on why part of the exemption was increased for the in-lieu, the way the power poles are placed. Sometimes you may have one pole in front of the project and you will have another adjacent to it and the cost will go up significantly. We thought we would expand it but they would still have to pay the fee.
A MOTION was made by Councilman McCallon, seconded by Councilman Timmer, to Adopt the Negative Declaration and instruct the City Clerk to file a Notice of Determination with the County Clerk of the Board and Introduce Ordinance No. 315 amending the City's Land Use and Development Code, Title 16, Chapter 16.40, Section 16.40.380, Underground Utilities (MCA-007-001). Motion carried, 4-1, with Councilwoman Scott dissenting.
City Clerk Hughes introduced Ordinance No. 315:
ORDINANCE NO. 315
AN ORDINANCE OF THE CITY OF HIGHLAND, CALIFORNIA,
AMENDING THE CITY'S LAND USE AND DEVELOPMENT CODE,
TITLE 16, CHAPTER 16.40, SECTION 16.40.380
OF THE HIGHLAND MUNICIPAL CODE,
UNDERGROUND UTILITIES (MCA 007-001)
which title was read.
CITY COUNCIL/REDEVELOPMENT AGENCY LEGISLATIVE
13. Proposed Revision to Critical Habitat Boundary for San Bernardino Kangaroo Rat
Community Development Director Jaquess gave a brief review of the staff report.
City Engineer Wong stated recently staff attended a meeting with County Flood Control in County Flood Control District and that meeting was requested by Fish and Wildlife. The Director of Fish and Wildlife for San Bernardino County is working with staff on our bridge project and other federal funded projects that has any involvement of endangered species. During this meeting, the Director mentioned she is formulating an idea that the parcel in question is a good habitat and she would like to propose to the county that the county set it aside for habitat conservation land because the county also has a lot of public projects that need mitigation land. There have not been any commitment from the county because it was the first time they have heard of it and did not want to make any commitment.
Community Development Director Jaquess stated he would like to clarify the pieces of property in question are not for certain. They are included in the previous action to be recommended to Fish and Wildlife for their consideration to be deleted from the boundary. There were some characteristics on the sites that we felt made them good candidates because they had been cleared and had activity on them.
Councilman Timmer stated we should focus on the three corners adjacent to the freeway.
Mayor Jones stated County Flood Control is also writing a letter asking for the same parcels to be removed from proposed habitat area. All we are doing is carbon copying the same thing the county is doing. This item is being discussed because there has been discussion between himself and County Flood Control regarding the property in question that the city could lease from the county for use as a future park. The county wants to keep control of the parcel because they when the volume of flood waters come down City Creek, they want to be able to divert them onto this parcel so they can slow the waters down under the bridge of the freeway and at Fifth Street. If we wait two or three years and we do not exclude it now, it will be in the designated area. We are simply backing up the county who is doing the same exact thing.
Councilwoman Scott stated she would like to see the letter written by the county requesting this item.
Mayor Jones stated he will provide a letter from the County of San Bernardino stating their request.
City Attorney Battersby stated how about going for the first three and then suggest in the letter the city would support any request by the County Flood Control.
A MOTION was made by Councilman Timmer, seconded by Mayor Pro Tem Lilburn, to authorize the Mayor to send a letter to U.S. Fish and Wildlife Service supporting a revision to the proposed Critical Habitat Boundary for the San Bernardino Kangaroo Rat to remove the Flood Control properties as shown in Exhibit 2 (as revised by the City Council on July 10, 2007). The letter shall include the referenced three parcels, with a caveat the city will also support the request if the county shall request all parcels. Motion carried, 5-0.
14. Update on SANBAG, SCAG, Omnitrans, Work Program and Regional/Legislative Issues/Development Issues/Subcommittees/AB 1234 Updates
Councilman McCallon stated SANBAG had a meeting to discuss projects that are to be proposed and put forward for the trade corridor improvement fund.
15. San Bernardino International Airport Authority and IVDA
None
Councilman Timmer stated basically the Delta Water or state water that comes to us is a critical issue to us in southern California. The whole environmental process is being challenged from various groups not permitting the water to flow to Southern California because it impacts certain fish that want to migrate up and down the Delta. The state has been speaking about a peripheral dam or a channel for years to bypass the Delta which would allow the fish to migrate and we would still be able to get water.
A MOTION was made by Councilman Timmer, seconded by Councilwoman Scott, to adopt resolution 2007-048 supporting the Governor's Strategic Growth Plan. Motion carried, 5-0.
RESOLUTION NO. 2007-048
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF HIGHLAND, CALIFORNIA, SUPPORTING
THE GOVERNOR'S STRATEGIC GROWTH PLAN
ANNOUNCEMENTS
Tuesday, July 31, 2007 at 6:00 p.m. Special Council Meeting
Friday, August 3, 2007 at 5:30 p.m. Volunteer Recognition Dinner
August 14-17, 2007 Public Safety Appreciation Week
CLOSED SESSION
City Manager Hughes stated he would like to add an additional item pursuant to Government Code Section 54957 regarding the following:
Consider the appointment/employment of City Attorney.
A MOTION was made by Councilman Timmer, seconded by Councilman McCallon, to add an additional item pursuant to Government Code Section 54957 regarding the following:
Consider the appointment/employment of City Attorney. Motion carried, 5-0.
At 7:21 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 1192-431-05
Negotiating parties: Joseph Hughes, City of Highland
Highland Redevelopment Agency
Under negotiation: Instruction to City's negotiator concerning price and terms of payment.
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 Lee
Under negotiation: Instruction to City's negotiator concerning price and terms of payment.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to Government Code Section 54956.8 regarding the following property:
Property: APN 1192-531-66
Negotiating parties: Joseph Hughes, City of Highland
Robert Witbeck
Under negotiation: Instruction to City's negotiator concerning price and terms of payment.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to Government Code Section 54956.8 regarding the following property:
Property: APN 1192-611-20
Negotiating parties: Joseph Hughes, City of Highland
County of San Bernardino
Under negotiation: Instruction to City's negotiator concerning price and terms of payment.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Government Code Section 54956.9(c):
One case.
At 8:40 p.m., the City Council and Redevelopment Agency convened into open session, with all members present, making one announcement.
Mayor Jones announced the acceptance of the resignation of City Attorney Battersby.
ADJOURN
There being no further business, Mayor Jones adjourned the meeting at 8:42 p.m.
Submitted By: Approved By:
___________________________ ________________________________
Betty Hughes, CMC City Clerk Ross B. Jones, Mayor