MINUTES
REDEVELOPMENT AGENCY AND CITY COUNCIL
REGULAR MEETING
FEBRUARY 12,
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 6:01 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 Pack 24, Second Year Weeblos.
ROLL CALL
Present: McCallon,
Scott, Timmer, Mayor Lilburn
Absent: Jones
SPECIAL PRESENTATIONS
Mr. Jake Spoor, President of the Highland Area Chamber of Commerce, gave the Semi-Annual Presentation.
Mayor Lilburn
presented a proclamation proclaiming Highland a community in support of the Relay
for Life to be held on May 31 and June 1, 2008.
Mayor Lilburn
presented Jose Robles with a Community Spirit Award for his dedicated work to
the community of Highland.
COMMUNITY INPUT
Mr. Ken Cattrel
stated a neighborhood watch program was started in his neighborhood
approximately twelve years ago and the purpose was to bring items to the
Council’s attention and have them fixed.
To this day, the same items are still in need of repair. In his neighborhood, there are loud parties
being held on the weekends and the city’s current ordinance does not state what
can be done to resolve this from occurring.
The City of Rialto has an ordinance stating what can be done to resolve
the noise including citations. He would
like the City to update their noise ordinance.
City Manager
Hughes stated the City Attorney’s office has been currently working on updating
the noise ordinance. It will be brought
forward to the Public Safety Subcommittee in the near future.
Ms. Annette Mendenall stated she is requesting the use of the community center for the Relay for Life event. The event will include a ceremony honoring cancer survivors and will conclude with a fight back ceremony. It will also include a 24 hour walk, entertainment, games, kid’s camp and a fly over by March Reserve Base.
City Manager
Hughes stated staff will work with Ms. Mendenhall as the event will need a
special event permit.
Ms. Rebecca
Bloomfield stated she is the representative for Assemblyman Anthony Adams and
is present to observe the Council meeting and also would like to introduce
herself to Council.
CITY COUNCIL/REDEVELOPMENT AGENCY
CONSENT CALENDAR
A MOTION was made by Councilman McCallon, seconded by
Councilman Timmer, to approve the consent calendar as submitted with the
exception of Item #6 being pulled for further discussion. Motion carried on a roll call vote, 4-0,
with Mayor Pro Tem Jones being absent and Councilwoman Scott abstaining from
Item #9.
1. Waive
the Reading of All Ordinances
Waived the
reading of all Ordinances in their entirety and read by title only.
2. Minutes
- December 11, 2007 City Council Regular Meeting
Approved Minutes
as submitted.
3. Minutes
- December 11, 2007 RDA Regular Meeting
Approved Minutes
as submitted.
4. Minutes
- January 8, 2008 City Council Regular Meeting
Approved Minutes
as submitted.
5. Minutes
- January 8, 2008 RDA Regular Meeting
Approved Minutes
as submitted.
7. Minutes
- January 22, 2008 RDA Regular Meeting
Approved Minutes
as submitted.
8. Claim
Consideration - Marika Horton
Rejected claim.
9. Warrant
Register
Approved Warrant
Register No. 456 for February 12, 2008, in the amount of $2,198,668.06 and
Payroll of $140,952.67.
10. Treasurer’s
Report for December 2007
Received and
filed Treasurer’s Report for December 2007.
11. Easement
Acceptance/26608 Pacific Street - Gina Ruth Dimmit
1. Accepted
the Grant of Easement for Road and Drainage purposes from Gina Ruth Dimmit; and
2. Directed
the City Clerk to record the Grant of Easement.
12. Notice
of Completion – Project No. ola07002 (Bid No. 2007-08) “2007 Slurry Seal”
1. Accepted
Project No. ola07002 (Bid No. 2007-08) “2007 Slurry Seal” as complete;
2. Authorized
the Mayor to sign the Notice of Completion; and
3. Directed
the City Clerk to file the Notice of Completion.
13. Award
of Bid Number 2007-17 “ELC Furniture” for the Highland Sam Racadio Library and
Environmental Learning Center to Goforth & Marti dba G/M Business Interiors
Awarded Bid
Number 2007-17 “ELC Furniture” for the Highland Sam Racadio Library and
Environmental Learning Center to Goforth & Marti dba G/M Business
Interiors.
14. Award
of Bid Number 2007-19 “Recycled Wood Bench” for the Highland Sam Racadio
Library and Environmental Learning to Lepo-Works
Awarded Bid
Number 2007-19 “Recycled Wood Bench” for the Highland Sam Racadio Library and
Environmental Learning Center to Lepo-Works.
ITEMS PULLED FROM THE CONSENT
CALENDAR
6. Minutes
- January 22, 2008 City Council Regular Meeting
Councilwoman
Scott stated Item 12 of the minutes are incomplete. She has requested a copy of the tape and will send a memorandum
regarding the notes taken from the tape.
Mayor Lilburn
stated Council will take no action at this time and this item will be added to
the next regularly scheduled Council meeting.
CITY COUNCIL/REDEVELOPMENT AGENCY
PUBLIC HEARING
15. Mid-Term
Update of the Five-Year Implementation Plan (2005-2009) Highland Redevelopment
Project Area No. 1
Community
Development Director Jaquess stated this is the Mid-Term Update for the
Redevelopment Agency Implementation Plan.
This is a five-year plan that was originally adopted in 2004 and will
run until 2009. Every cycle that we
have had this, we had a Mid-Term report prepared and presented to Council to
bring everyone up to date on what’s been going on with the Redevelopment
Agency. Tonight we have, William Kelly,
who works for Urban Futures. He did the
bulk of the work in preparing this report along with staff input. He would like to turn the presentation over
to Mr. Kelly.
Mr. Kelly stated
with staff’s outline, this comes in accordance with state laws that you have to
at least once during a five-year time span, do a public hearing to review the
activities of the plan. As indicated,
the city adopted the plan in 2004 and has a 2009 status. The report in front of you this evening was
prepared in consistent with the state law and was noticed legally as required
by state law. He wants to point out
that the city will need to be in preparation of a new five-year plan for the
time period of 2009-2014. At the end of
the public hearing, Council will have a chance for comments, questions or
changes. Staff is recommending the
adoption of the resolution located in the packet. He would like to briefly highlight some of the important elements
of this plan; otherwise it’s a pretty dry document. From a fiscal point of view, the Agency is doing extremely well
in terms of revenue. That is fortunate
because you sold a bond raising significant funds to pay for large number of
public improvements the city claims to do in the future. These would include the Police Station,
Base Line Bridge Improvements, Greenspot Bride Improvements and other
improvements. He does want to note on
table five that we are projecting potential slight decline in tax increments
given the economy and the housing market slump. The city won’t be rising as fast as you had in previous years,
although the city will maintain a positive cash balance. It is the recommendation to be more
conservative in the numbers and being optimistic. At the end of the plan, the city will still have sufficient
dollars to do many of the important projects.
The city also has sufficient dollars in the low and moderate income
plan. That is the 20% set aside
funds. The city is spending a lot of
this money on the single family grant rehab program and first time
homebuyers. These programs are very
successful activities and the city is spending about $1.4 million each year for
that program. On page 19, eight
specific projects are listed that are still being worked on; very important
projects, some in conjunction with Chamber of Commerce as noted this evening.
Lastly, the housing funds in terms of the city’s deficient or your positive for
set aside housing and in the case of low and moderate, the city is good, however,
in the case of very low the city is a little bit under and has a deficit. This doesn’t mean to panic; it means the
city will have to concentrate the low and moderate income dollars to attempt to
correct those deficits in future years.
Those deficits will be readjusted in the new five-year plan that will be
looked at from 2009-2014. It is the
conclusion of the city’s consultant and talking with staff who was very, very
helpful in putting this together, that this Agency is consistent with the
state’s goals and objectives and this report is consistent with state law. No specific changes are being recommended at
this point and time.
Agency Member
McCallon stated table six deals with LMI funds. He noticed it shows that we are going to be spending $1.4 million
in the last two years, each year, but historically we have not done that.
Mr. Kelly stated
that is correct. Staff is suggesting
and this will go through the budget process that these programs are so
successful that they are recommending the appropriation of those funds. Of course, these are estimates in the future
years. It doesn’t bind the Council appropriately. These are recommendations for the years to the end of the
five-year plan. As part of the budget
process, Council will refine those more in detail.
Agency Member
McCallon asked are these capital projects that are listed, are they rehab
apartments or what are the $601 million insurance capital projects.
Community
Development Director Jaquess stated it is combination of rehab of apartments
where we would be purchasing covenants for existing apartment buildings and
also single family homes rehab.
Agency Member
Timmer asked have we had any positive comments from complex owners.
Community
Development Director Jaquess stated we actually have been contacted by three or
four apartment project owners who have expressed some interest. We are currently working with the first one
with our attorney to actually put together a proposal to take back to the owner.
Chairwoman
Lilburn stated we also have had some interest from people who have been working
on projects who would like to come in and buy those as well and take them over
too.
Agency Member
Timmer stated the reason he asked the question is the deficit we have in very
low income and the intent for the program is to address that deficiency at some
point. We are working on it is what is
really being said.
Mr. Kelly stated
very low income category is the hardest for most cities to comply with. He didn’t want Council to panic because the
city is in a deficit but the city will get into trouble. Working on it is the important thing.
A MOTION
was made by Agency Member McCallon, seconded by Agency Member Timmer, to
approve and adopt Resolution No. RDA2008-002, the Mid-Term Update of the Five-Year
Implementation Plan (2005-2009). Motion
carried, 4-0, with Vice Chairman Jones being absent.
RESOLUTION NO. RDA2008-002
A RESOLUTION
OF THE HIGHLAND REDEVELOPMENT AGENCY
ADOPTING THE
MIDTERM UPDATE OF THE FIVE-YEAR
IMPLEMENTATION
PLAN 2005-2009 FOR THE
HIGHLAND
REDEVELOPMENT PROJECT
CITY COUNCIL/REDEVELOPMENT AGENCY LEGISLATIVE
16. The
Planning Center’s Greenspot Village and Marketplace Specific Plan EIR
Professional Service Agreement Amendment No. 1 - Budget Augmentation / Scope of
Work Change / Project Schedule Extension (City Council Agreement approved on
July 11, 2006.)
City Planner Mainez gave a brief review of the staff
report.
Councilwoman
Scott asked how this relates to the action taken at the previous Council
meeting where Council voted to give the contract to the Planning Center. Council has agreed to do so much and the
developers were to contribute as well.
City Manager
Hughes stated that is a different issue.
This is dealing with the entire project on private property.
Councilman
McCallon stated it is not clear in the staff report if the developer pays all
the costs.
City Planner
Mainez stated that is correct. There is
an existing deposit in house and $62,000 has been spent on this project.
A MOTION was made by Councilman Timmer, seconded by
Councilwoman Scott, to:
1. Approve
the Planning Centers Budget Augmentation in the amount of “$241,889.00
($255,840 with optional traffic tasks)” for a total “not to exceed” amount of
$352,056.00 (366,007.00 with optional traffic tasks);
2. Approve the Planning Center’s Scope of
Work changes required as a result of revisions to the Greenspot Village and
Marketplace Specific Plan which includes substantial changes to the Project
description including Project acreage, and the inclusion of new Technical
Consultants previously under the contract to the Specific Plan Developers
(Amendment No. 1); and
3. Approve
the Planning Center’s revised Environmental Processing Schedule subject to
streamlining efforts where possible.
Motion carried,
4-0, with Mayor Pro Tem Jones being absent.
17. Exclusive Negotiation Agreement
Between the Highland Redevelopment Agency and Vestar Highland, GV
Community
Development Director Jaquess gave a brief review of the staff report.
Agency Member
McCallon stated he has a problem with the Agency doing this. He does not believe the government should be
in the middle of buying land for someone and then turning it over to them for a
project. He thinks it is better left to
the marketplace to allow whomever to buy it.
Agency Member
Scott stated she has concerns with if the county wants to sell and they have
set a price, why is the Council getting involved.
Community
Development Director Jaquess stated the reason the city has made a decision to
get involved is because we believe we have the ability to establish a prior
right over the private market to purchase the property. In any case, we would have to purchase the
property at appraised value because the county is required to sell it at an
appraised value but the belief was that if the city actually acted as an
intermediary in the process, we would be able to ensure that the outcome was
consistent with the city’s objectives for the commercial development of the
Golden Triangle.
Agency Member
Scott asked all costs, including the $15,000, would be reimbursed to the city
by the developer.
Community
Development Director Jaquess yes, the developers will be submitting a check to
the city in the amount of $165,000.
These funds would be on deposit for us to charge time against. Of that $165,000, $15,000 will be retained
by the city.
City Manager
Hughes stated he would like to clarify this isn’t the city, it is the
Redevelopment Agency. This is an Agency
action.
Agency Member
Timmer stated he is in agreement with Agency Member McCallon. His philosophy has always been government
does not belong in real estate business.
He will support this agreement but the Council had a majority vote to
move forward and we will.
A MOTION
was made by Agency Member Scott, seconded by Chairwoman Lilburn, to approve the
proposed Exclusive Negotiation Agreement between the Agency and Vestar
Highland, GV. Motion carried, 3-1, with
Agency Member McCallon dissenting and Vice Chairman Jones being absent.
18. Amend Chapter 5.20 of Title 5 of the
Highland Municipal Code to Implement the Provisions of AB 2987 (State Video
Franchises)
City Manager
Hughes gave a brief review of the staff report.
A MOTION
was made by Councilman McCallon, seconded by Councilman Timmer, to adopt
Ordinance No. 321 amending Chapter 5.20 of the Highland Municipal Code. Motion carried, 4-0, with Mayor Pro Tem
Jones being absent.
City Clerk Hughes
introduced Ordinance No. 321:
ORDINANCE NO. 321
AN ORDINANCE OF
THE CITY OF HIGHLAND AMENDING CHAPTER 5.20 OF TITLE 5 OF THE HIGHLAND MUNICIPAL
CODE BY ADDING TO ARTICLE II THEREOF A NEW DIVISION VII RELATING TO SPECIAL
PROVISIONS APPLICABLE TO HOLDERS OF STATE VIDEO FRANCHISES
which title was
read.
19. Update
on Public Opinion Survey on Funding Alternatives for Public Safety Services
Administrative
Analyst Rissmiller gave a brief review of the staff report. Part of the survey was to include if a new
source of revenue is necessary, the survey could find out what the community
thought about the different ways to achieve this. What was identified during the discussion was there is a number
of different ways for the revenue to be raised if it is necessary. The issue that was raised is the company is
not comfortable surveying all the different methods. They termed it as tax fatigue if they were to survey all the
methods. They would like to request
Council to narrow down the methods that are acceptable to Council, therefore,
they would only survey a limited number of the methods.
Councilman Timmer
stated for clarification the five methods are sales tax, utility tax, parcel
tax, assessment district and a general tax.
Administrative
Analyst Rissmiller stated correct.
Councilman Timmer
stated as for the sales tax method; we do not have enough businesses in town to
generate a number and the utility tax he never has supported. The parcel tax
has worked, we have multiple assessment districts but he feels more comfortable
with a general tax with an advisory method that goes along with it. He would support the one choice of general
tax.
Mayor Lilburn
stated she would support the choice as well.
Councilman
McCallon stated he agrees.
Councilwoman
Scott stated she would like to have more information before she makes a
decision.
Administrative
Analyst Rissmiller stated the survey will establish if a new tax is necessary
for a new revenue source, how much, how long, those types of issues. What Council is being asked to do is narrow
down the methods of new revenue. The
survey should be conducted by the middle of March. Direction from Council consists of asking the company to conduct
a survey regarding the general tax with an advisory measure.
City Manager
Hughes stated we also should look at the straight parcel tax similar to what we
do with the paramedic tax as an option.
Mayor Lilburn
stated the direction from Council is to conduct a survey for the parcel tax and
the general tax with the advisory measure.
20. Update
on SANBAG, SCAG, Omnitrans, Work Program and Regional/Legislative
Issues/Development Issues/Subcommittees/AB 1234 Updates
Councilman
McCallon stated the new director of SCAG plans to have satellite offices in
each subregion of SCAG. He also plans
to have an employee at each subregion to better collaborate with the
subregions. SCAG will also be holding
their first workshop for the Regional Comprehensive Plan. This is the first of four workshops. It is a workshop to help set priorities for
SCAG. It is important for the input to
define the draft report and it will also include a list of policies in which
the policies will need to be reviewed and prioritized.
Mayor Lilburn
stated Omnitrans approved the locally preferred alternative route which will be
running from Cal State San Bernardino to Loma Linda University. The SBX will have minimum stops with a
dedicated lane to reach the location at a quicker pace.
Councilwoman
Scott inquired about the bus stop benches as to who determines what style they
install.
Mayor Lilburn
responded ridership. Ridership
determines whether they will install bench, overhang and how much traffic is
there.
Councilwoman
Scott stated she was in Fontana and Rialto and they have very nice metal
benches installed at their bus stops.
Community
Development Director Jaquess stated we are currently designing bus stop areas
as part of our landscape design corridor for the Greenspot Road between the
freeway and Boulder.
Councilman Timmer
asked if we will actually be changing the streetscape in the sense of having
special indentations for buses or just the architectural furniture that will be
installed.
Community
Development Director Jaquess stated in terms of Greenspot Road it is a little
bit of both.
City Engineer
Wong stated the selection of the bus pull out location has gone through quite a
bit of discussion among staff and Omnitrans. Omnitrans has recommended certain
locations for bus stops and bus pull outs in the Golden Triangle. The locations finalized on the master plan
are locations where staff feels there will be a lot of ridership in front of
major stores such as the Wal-Mart development.
Mayor Lilburn
stated she has concerns with having a bus stop where shopping carts are just
left there and then you have an eye sore of shopping carts.
Community
Development Director Jaquess stated the issues of shopping carts will be the subject
of some specific conditioning for any project in that area.
Councilman Timmer
stated there was a public meeting of the R2C meeting and a recommendation was
presented to the committee. Most people
were pleased with the recommendation. The
committee recommended moving forward with a recommendation to the Planning
Commission to start the process as well as to do away with the special
conditional use permit process. We also
recommended the R2C Committee be terminated at this point.
Mayor
Lilburn stated the R2C Base Line Corridor Ad Hoc has been disbanded.
Councilman
McCallon attended the League of California Cities Annual Conference Planning
meeting on January 30 to assist in the planning of the League’s Annual
Conference to be held in September.
21. San
Bernardino International Airport Authority and IVDA
None
ANNOUNCEMENTS
None
CLOSED SESSION
At 7:19 p.m., the City Council and Redevelopment Agency convened into closed session regarding the following:
CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION 54956.9(a)
Town of Apple
Valley et al. v. County of San Bernardino
Los Angeles Superior Court Case No. KC049711
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
54956.9(a)
City of Highland v. McCarty, et al.
San Bernardino Superior Court Case No. SCISS130282
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to Government Code Section 54956.8 regarding
the following property:
Property: APN
1192-421-01 (27167 Base Line)
Negotiating parties: Joseph
Hughes, City of Highland
Sharon Davis, County of San Bernardino
Under negotiation: Instruction
to City’s negotiator concerning price and terms of payment.
At 7:34 p.m., the City Council and Redevelopment
Agency convened into open session, with Mayor Pro Tem Jones being absent,
making no announcements.
ADJOURN
There being no further business, Mayor Lilburn
adjourned the meeting at 7:36 p.m. in memory of Mr. Greg Benge and Mr. Leo
Green.
Submitted by: Approved
by:
____________________________ _________________________________
Betty Hughes, CMC Penny
Lilburn
City Clerk Mayor