MINUTES
REDEVELOPMENT AGENCY AND CITY COUNCIL
REGULAR MEETING
JANUARY 8,
2008 - 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 Lilburn at the Donahue Council
Chambers, 27215 Base Line, Highland, California.
The
invocation was given by Reverend Wayne Reynolds of Immanuel Baptist Church and
the Pledge of Allegiance was led by Councilman McCallon.
ROLL CALL
Present: Jones, McCallon, Scott, Timmer, Mayor
Lilburn
Absent: None
SPECIAL PRESENTATIONS
Mayor Lilburn presented Mayor Pro Tem Jones with a plaque honoring him for his dedicated service as Mayor to the City of Highland for the previous four years.
Friends of the Library presented a check to the City of Highland in the amount of $50,000. These funds will be utilized to purchase furnishings for the Highland Library and Environmental Learning Center.
San Manuel Representative, Eric Jennings, presented City Council with a shadow box.
COMMUNITY INPUT
Ms. Faye Jure stated she is present to speak about
the lot located on Base Line and Olive Street.
In 2005, the City of Highland accepted a proposal from the owner of the
property to relocate an eight unit apartment from Guthrie to the referenced
lot. At this time, she had written a letter of protest regarding the relocation
of these apartments. In April, 2007,
there was a proposed project of three (3) two bedrooms, two bathroom, single
family dwelling each with a 485 square foot attached garage. Staff had inquired if Ms. Jure had received
the notice of the proposed project. She
had not. She had to come into City Hall to request a copy of the notice. She has met with the property owners to discuss her concerns. After the meeting, she had assumed the issues would be addressed but this was not the case. Her home is being buried by man made mountains which will have a 5 to 6-½ foot wall. On her side of the fence there was four feet of dirt stacked so she will have a 10-foot wall on her side. She urges staff to review the approval of this project and she is now requesting a response in writing to each of her concerns, comments and requests presented in her correspondence dated May 11, 2007.
Ms. Bonnie
Bovee stated she is currently residing on Victoria Avenue. She had heard the City of Highland was
considering widening Victoria Avenue.
Her concerns are if any allowances are being made for the apartment
complex facing Victoria Avenue with the entrance and exit on Highland
Avenue. There is no way for the
residents of these apartments to exit and turn left because of the
traffic. She is asking for the Council
to consider the concerns of the residents.
City
Engineer Wong stated the City of Highland and the City of San Bernardino are
working together to improve the intersection of Highland Avenue and Victoria
Avenue. One of the major features of
the improvement will be to widen Highland Avenue to allow two east bound left
turn lanes. This will allow residents
to merge onto Highland Avenue going east.
A
MOTION was
made by Councilman Timmer, seconded by Mayor Pro Tem Jones, to approve the
consent calendar as submitted. Motion
carried on a roll call vote, 5-0 with Mayor Lilburn and Councilman McCallon
abstaining from item #2 and item #3 and Councilwoman Scott abstaining from item
#8.
1. Waive
the Reading of All Ordinances
Waived the
reading of all Ordinances in their entirety and read by title only.
2. Minutes
- November 13, 2007 City Council Regular Meeting
Approved
Minutes as submitted.
3. Minutes
- November 13, 2007 RDA Regular Meeting
Approved
Minutes as submitted.
4. Minutes
- November 27, 2007 City Council Regular Meeting
Approved
Minutes as submitted.
5. Minutes
- November 27, 2007 RDA Regular Meeting
Approved
Minutes as submitted.
6. Minutes
- December 4, 2007 City Council Special Meeting
Approved
Minutes as submitted.
7. Minutes
- December 11, 2007 City Council Special Meeting
Approved
Minutes as submitted.
8. Warrant
Register
Approved
Warrant Register No. 454 for January 8, 2008, in the amount of $2,396,781.12
and Payroll of $131,594.90.
9. Easement
Acceptance/25815 9th Street - Armando Pineda Molina, et al
1. Accepted the
Grant of Easement for road and drainage purposes from Armando Pineda Molina, et
al; and
2. Directed the
City Clerk to record the Grant of Easement.
10. Easement
Acceptance/26758 Bruce Street - Eduardo Medina
1. Accepted the
Grant of Easement for road and drainage purposes from Eduardo Medina; and
2. Directed the
City Clerk to record the Grant of Easement.
11. Easement
Acceptance/26779 Bruce Street - Irma Orozco
1. Accepted the
Grant of Easement for road and drainage purposes from Irma Orozco; and
2. Directed the
City Clerk to record the Grant of Easement.
12. Easement
Acceptance/25875 9th Street - Jesus Cuevas Zarate
1. Accepted the
Grant of Easement for road and drainage purposes from Jesus Cuevas Zarate; and
2. Directed the
City Clerk to record the Grant of Easement.
13. Encroachment
within the City Landscape and Storm Drain Easements at 29053 Red Tail Court
1. Approved
encroachment of a fence within City landscape and storm drain easements at
29053 Red Tail Court, subject to Conditions of Approval;
2. Approved the
Covenant and Agreement and authorize the City Engineer to sign the agreement;
and
3. Directed the
City Clerk to record the Agreement.
14. Notice
of Completion for Project Entitled “City of Highland Corporation Yard”
1. Authorized
the Mayor to sign the Notice of Completion for the project entitled “City of
Highland Corporation Yard”;
2. Directed the
City Clerk to record the Notice of Completion with the San Bernardino County
Recorders Office; and
3.
Authorized staff to
release the 10% retention funds 35 days from the recordation of the Notice of
Completion.
CITY
COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING
15. City
Council - Consideration of a Resolution Repealing Resolution No. 2007-063 and
Reconsenting to a Joint Public Hearing with the Highland Redevelopment Agency to
Consider the Adopting of the Proposed Amendment to the Redevelopment Plan for
the Highland Redevelopment Project Area, and the Approval of the Negative
Declaration Prepared in Connection Therewith
Redevelopment Agency - Consideration of a Resolution Repealing Resolution No. RDA 2007-007 and Reconsenting to a Joint Public Hearing with the Highland City Council to Consider the Adoption of the Proposed Amendment to the Redevelopment Plan for the Highland Redevelopment Project Area, and the Approval of the Negative Declaration Prepared in Connection Therewith
Community
Development Director Jaquess gave a brief review of the staff report.
A MOTION was
made by Councilwoman/Agency Member Scott, seconded by Mayor Pro Tem/Vice
Chairman Jones, to approve Resolution No. 2008-001 and Resolution No.
RDA2008-001 to establish the date from January 22, 2008 , time and location of
the joint public hearing for the proposed Redevelopment Plan Amendment with the
amended date change from January 22, 2008, to April 18, 2008. Motion carried 5-0.
RESOLUTION NO. 2008-001
RESOLUTION OF THE HIGHLAND CITY COUNCIL REPEALING RESOLUTION 2007-063 AND
RE-CONSENTING TO A JOINT PUBLIC HEARING WITH THE HIGHLAND REDEVELOPMENT AGENCY
TO CONSIDER THE ADOPTION OF AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE
HIGHLAND REDEVELOPMENT PROJECT AREA, AND THE APPROVAL OF THE NEGATIVE
DECLARATION PREPARED IN CONNECTION THEREWITH
RESOLUTION NO. RDA2008-001
RESOLUTION OF THE HIGHLAND REDEVELOPMENT
AGENCY REPEALING RESOLUTION 2007-7 AND RE-CONSENTING TO A JOINT PUBLIC HEARING
WITH THE HIGHLAND CITY COUNCIL TO CONSIDER THE ADOPTION OF AN AMENDMENT TO THE
REDEVELOPMENT PLAN FOR THE HIGHLAND REDEVELOPMENT PROJECT AREA, AND THE
APPROVAL OF THE NEGATIVE DECLARATION PREPARED IN CONNECTION THEREWITH
CITY COUNCIL/REDEVELOPMENT AGENCY
LEGISLATIVE
16. CVS/Baker’s
DIF Credit
City
Engineer Wong gave a brief review of the staff report.
A MOTION
was made by Councilman McCallon, seconded by Councilwoman Scott, to approve the
Development Impact Fee (DIF) Credit for CVS/Baker’s in the amount of
$70,177.96. Motion carried, 5-0.
17. Request
for Financial Assistance from the Redevelopment Agency by Charles Sabbah to
upgrade the Commercial Center Located at the Northwest Corner of Base Line and
Reedy Avenue
Community
Development Director Jaquess gave a brief review of the staff report.
Agency
Member McCallon stated he would like to thank Mr. Sabbah for participating in
the program to improve the facade. It
is a very visible building and it would be nice to have the facade taken care
of. He has concerns regarding the grant
from the stand point that this is a commercial building and Mr. Sabbah is the
landlord, if you will, and it is not equivalent to our NIP program in which we give
grants to people who reside in a home.
Giving a grant of the money to a commercial building and forgiving the
grant in essence would increase the equity of the property and it would be
giving the owner of the property city funds.
He feels a loan is more appropriate from a business stand point because
we could have a loan at no interest due at sale or assumable or forgivable at
some point. A loan is more appropriate
for a commercial property. This would
allow the landowner to raise rent, if he chooses to, once the improvements are
made. If we were to give a grant, he
thinks there should be language preventing the landowner from raising rent for
the existing tenants.
Agency
Member Scott stated her concerns are the same as Agency Member McCallon. If we were to make a loan, then eventually
at some time, the loan would be paid back and then we could use those funds for
another very needy facility in the City of Highland. She was concerned also about the figures because Mr. Sabbah chose
the lower figure of $329,083 but then in the report it states the agency’s cost
would be $229,083 in construction and $12,000 in city fees.
Community
Development Jaquess stated Council may have been a little more literal than
staff intended. Mr. Sabbah was
proposing to invest $100,000 and then the agency was going to make up the
difference. Staff has estimated the
difference to be between $220,000 and $230,000.
Agency
Member Timmer stated Council has been discussing a program for commercial
projects, to help upgrade these buildings.
Hopefully this will encourage other businesses in town to participate in
a similar kind of program. The only
debate at this time is whether or not we do a grant. Initially we, as a committee, asked to do that so we would have
the same kind of program that we had with the residential. However, some points Agency Member McCallon
pointed out are probably valid because it is a commercial venture rather than a
private residence. He would think Council
should speak about what the loan is and is it going to be a loan in the sense
of it being transferred with the property or the ownership or do we forgive a
certain
portion
after a period of time. He was thinking
of going forward with the project with the loan concept which is then
controlled by being held in place until sold or change in ownership. Maybe a 20 year loan and each five years a
quarter of it is forgiven. So, at the
end of 20 years, the whole amount is forgiven but if the property is sold or
changes ownership before the 20 years, portions of the loan then would be
reimbursed back to the city to be reinvested in other projects.
Vice
Chairman Jones stated he is in agreement with Agency Member Timmer. Ever since the city has been incorporated,
we have been attempting to try and get a change on the west side. The only time this change will take place is
when we put some money into it to make it happen. He does not care if it is called a grant or a loan. The allure needs to be there to get
businesses on the west side. This will
be the first of all of those that we would love to see happen on the west side
and begin to improve the community in that way. He is totally in support of Agency Member Timmer’s proposal of
processing the loan over a period of time and we would forgive a portion over a
given period. If the business prospers,
then it’s so much better for the community.
That is the whole key. It is
what we are attempting to do.
Chairwoman
Lilburn stated she agrees. In fact, the
city is kicking it off with the CVS/Bakers project.
Agency
Member McCallon stated he would like to know the reason for the recommendation.
Community
Development Director Jaquess stated it has not been done in the City of
Highland before and we do not have a track record. Legal counsel felt the idea of a grant lacked precedent for
commercial projects in the city.
Agency
Member McCallon stated he could agree with Agency Member Timmer’s proposal if
some performance requirements are included in order to forgive the loan. This could include upkeep of the property or
something to that nature.
Agency
Member Timmer stated the loan agreement could include certain maintenance
standards acceptable to the city. He
would like to hear from the property owner as he is in favor of the grant.
Community
Development Director Jaquess stated staff recently approached the property
owner with a loan concept and had some extended discussion with him. After these discussions, he indicated he
would prefer a grant or something with a forgivable period. If Council gives staff direction to proceed,
he would recommend we have some ability to sit down with the property owner and
the attorney and come up with some recommendations to bring back to Council.
City
Attorney Steele stated he feels in answer to Agency Member McCallon’s question
the concern in this type of an agreement typically is the immediate benefit to
the property when the agency sinks funds, it becoming a gift of public
funds. If the immediate increase in
value of the property is such that we are getting some elimination of blight,
this is a good thing for the agency but there is this immediate hit to the
value of the property. Sometimes it can
be looked upon as a gift of public funds.
Some agencies will do in the case of a grant is build in an equity
sharing arrangement so that if the property increases and it is sold at value,
the agency shares in the profit, if you will, that is derived from the grant or
you do it in the loan arrangement where it is paid back over time or it is
forgiven over time. Either way you need
to make sure there is no gift of public funds with the immediate upgrade of the
property.
Agency
Member Scott stated she would like to have language which would protect the
tenants and once the building is completed, the original tenants would not be
dismissed.
Mr.
Charles Sabbah stated the way he understood it, it is supposed to be a grant.
Actually rent is so low, he has been losing money for five years because they
are long term leases. He is still
willing to participate in this program but as a grant. It is not realistic for him to take it as a
loan.
Agency
Member McCallon stated we are talking about a no interest loan in which parts
are forgiven at certain points.
Mr.
Charles Sabbah stated if this was a regular job, not prevailing wages, it would
cost half the price. It does not make
any sense to him to go with the higher wages and take it as a loan. He thinks the difference is 40%.
Agency
Member McCallon stated a loan that is forgiven at certain points is equivalent
to a grant.
Mr.
Charles Sabbah stated he would consider that but something very short. He is not planning on selling property so to
him it is not a major issue to have it over a reasonable amount of time.
Community
Development Director Jaquess stated at this point staff has a sense of
Council’s direction and is comfortable with the concept of funding with
redevelopment money for the amount of money above and beyond Mr. Sabbah’s
investment. He understands Council’s
direction in regards to loan or forgivable loans. What staff would like to do is to take the direction and meet
again with Mr. Sabbah and also with City Attorney Steele and see how it can be
worked into everyone’s satisfaction.
Then we can come back to Council at a future date.
A MOTION was
made by Agency Member McCallon, seconded by Agency Member Scott, to direct
staff to conduct a meeting with Mr. Sabbah and City Attorney Steele to discuss
and resolve the issue. Staff will then
come back to Council at a future date with the recommendation. Motion carried, 5-0.
18. Award
of a Professional Services Contract to Stanley R. Hoffman Associates for
Preparation of a Fiscal Analysis for the Golden Triangle and Approval of a
Related Budget Adjustment
Community
Development Director Jaquess gave a brief review of the staff report.
A MOTION was made by Councilman McCallon, seconded by Mayor
Pro Tem Jones, to award a Professional Services Contract to Stanley R. Hoffman
Associates for Preparation of a Fiscal Analysis for the Golden Triangle in an
amount not-to-exceed $23,200 ($22,950 for labor and $250 for other direct costs
such as material and mileage) upon review and approval by the City Attorney;
and Approved a budget adjustment to transfer $23,200 from 001-2100 (Unreserved,
undesignated) to 080-8000-4554 (Contract Services-Consultant). Motion carried,5-0.
19. Emergency
Electronic Gate Access (H-Key) System
Administrative Analyst Rissmiller gave a brief review
of the staff report.
Councilwoman Scott stated the staff report refers to the fiscal impact
for the secure transmitters as a certain price to a certain price but as the
report continues on it states $1,450 for 50 signs and for installation on each
gate is between $500 and $591. The city
would have to bear this cost and some places have more than one gate.
Administrative Analyst Rissmiller stated staff is only identifying the
cost for the program. The cost to the
city is for 37 transmitters at a cost of $814.
That would allow for one transmitter in each public safety vehicle in
the city.
Councilwoman Scott inquired about the other listed costs.
Administrative Analyst Rissmiller responded if the Council chooses to
include the signs in the program, then it would be another $1,200 to
$1,450. If the Council chooses to
install them on the gates owned by the city, it would be another $477 to
$562.25 per gate.
Councilman Timmer inquired as to what is the implementation period if we
adopt this item after the second reading.
City Attorney Steele responded the ordinance states 60 days.
Mayor Lilburn asked how the property owners will be notified.
Administrative Analyst Rissmiller sated if the
Council wishes to, staff can send a
letter of notification.
City Manager Hughes stated if Council wants to add an implementation period, we can add some language into the body of the ordinance and maybe give 180 days from the effective date of the ordinance.
A MOTION was made by Councilman Timmer, seconded by Mayor Pro Tem
Jones, to approve the implementation of the Highland Emergency Electronic Gate
Access (H-Key) program as outlined in the staff report and to Introduce
Ordinance No. 320 requiring installation of specified emergency vehicular
access devices on each controlled vehicular access gate at multi-unit
residential properties with more than four residential units, and all
multi-tenant storage facilities, as amended with an implementation date of 180
days from the effective date. Motion
carried, 5-0.
City Clerk Hughes introduced Ordinance No. 320:
ORDINANCE NO. 320
AN ORDINANCE OF THE CITY OF HIGHLAND, CALIFORNIA, AMENDING THE HIGHLAND
MUNICIPAL CODE TO ADD CHAPTER 15.56 REGARDING EMERGENCY ACCESS DEVICES FOR
CONTROLLED VEHICULAR ACCESS GATES AT ALL MULTI-UNIT RESIDENTIAL PROPERTIES AND
STORAGE FACILITIES, AS DEFINED
which title was read.
20. Public
Opinion Survey on Funding Alternatives for Public Safety Services - Work
Program Priority HP+
Administrative
Analyst Rissmiller gave a brief review of the staff report.
A MOTION was
made by Councilman McCallon, seconded by Councilman Timmer, to authorize the
City Manager to execute an agreement with Godbe Research to conduct a public
opinion survey related to funding alternatives for public safety services. Motion carried, 5-0.
21. Update
on SANBAG, SCAG, Omnitrans, Work Program and Regional/Legislative
Issues/Development Issues/Subcommittees/AB 1234 Updates
Councilman
McCallon stated SCAG has the Regional Transportation Plan out for public
comment until February 18, 2008. There
will be three public hearings to be held on January 22, January 23 and January
30, from 10:00 a.m. to Noon. SANBAG is
going to have a presentation on the Multi-County Goods Movement Action
Plan. The Action Plan is a strategy and
implementation plan that evaluates
freight
movement, transportation constraints, freeway congestion, infrastructure needs,
and air quality concerns, localized impacts of freight facilities and possible
private and public sector roles and funding strategies. Relative to goods movement, we have 25
members of Congress representing Southern California who, jointly, has signed
the letter to the Secretary of Housing Transportation expressing their strong
disappointment and unacceptable nature of the proposed good movement fund
allocation.
City
Manager Hughes stated Council has received the status report on the Work Program. As of today, of the urgent high priority
items we have completed 25%, of the urgent high priority items partially
completed is at 72%, overall work program items completed is 23% and overall
work program items partially completed is 64%. Based on the status provided by
staff, it is expected for the percentages to go up dramatically and we should
have a very successful work program by the end of the year.
22. San
Bernardino International Airport Authority and IVDA
None
ANNOUNCEMENTS
Chamber Installation Dinner Thursday,
January 10, 2008
League of California Cities Meeting Thursday,
January 10, 2008
CLOSED SESSION
None
ADJOURN
There
being no further business, Mayor Lilburn adjourned the meeting at 7:33 p.m.
Submitted by: Approved by:
____________________________ _________________________________
Betty Hughes, CMC Penny Lilburn
City Clerk Mayor
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