MINUTES
REDEVELOPMENT AGENCY AND CITY COUNCIL
REGULAR MEETING
APRIL 22, 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 6:03 p.m. by Mayor Lilburn at the Donahue
Council Chambers, 27215 Base Line, Highland, California.
The invocation was given by Councilman Larry McCallon and the Pledge of
Allegiance was led by Mayor Pro Tem Jones.
ROLL CALL
Present: Jones, McCallon, Scott, Timmer, Mayor Lilburn
Absent: None
SPECIAL PRESENTATIONS
Mayor Lilburn
presented a proclamation proclaiming the week of May 11 - 17, 2008 as Blue
Ribbon Week - International Footprint Association.
Mayor Lilburn
presented a proclamation proclaiming April 25, 2008 as Arbor Day.
Community
Development Director Jaquess presented Community Spirit Awards to Highland Area
Chamber of Commerce, Highland Fire Department, Highland Sheriff Reserves,
Highland Sheriff Citizen Patrol, Highland Explorer Scouts, Yanick Bonsyki, Ruth
Yamen, Community Cross Church, Highland Baptist Temple, Jessie and Pamela
Bible, Ralph and Margaret Sellman, Gladys Lyman, Janet Nicholson, Eric and
Celestine Korshavman, Highland Kiwanis Morning Club, Radiant Rubies of Highland, Highland Women’s
Club, Highland Area Historical Society, Affairs to Remember, All Pet Feed and
Tack, Coco’s Family Restaurant, Rosa Maria’s, Albertsons, Inland Empire 66’ers,
Kay’s Café, Jenny’s Restaurant, Fox’s Pizza Den, Big Kahuna Restaurant and
Highland Village Pet Hospital for the contributions to the Citrus Harvest
Festival.
COMMUNITY INPUT
Mr. Mike Bunch stated he wanted to make the community aware of his
program which is Inland Valley Pop Warner Football and Cheerleading. One of the program’s focuses is to bring
under privileged kids into the program.
He is asking for council’s support of the program. The program also offers tutoring which will
help the children maintain a good grade point average. He also has started a Blitz flag football
league.
City Manager Hughes stated an item needs to be added to the Agenda. This
item will be to create an Ad-Hoc Committee for Public Safety Tax/Measure
funding.
A Motion was made by Councilman
Timmer, seconded by Mayor Lilburn to add an item to the agenda. Motion carried 5-0.
CITY COUNCIL/REDEVELOPMENT AGENCY
CONSENT CALENDAR
A Motion was made by Mayor Pro Tem
Jones, seconded by Councilman Timmer to approve the consent calendar as
submitted with Councilman Timmer abstaining from Items #2, #3, #6 and #7 and
Councilwoman Scott abstaining from items #4, #5 and #8 and also with Councilman
McCallon abstaining from items #6 and #7.
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.
2. Minutes
- March 11, 2008 City Council Regular Meeting
Approved Minutes
as submitted.
3. Minutes
- March 11, 2008 RDA Regular Meeting
Approved Minutes
as submitted.
4. Minutes
- March 25, 2008 City Council Regular Meeting
Approved Minutes
as submitted.
5. Minutes
- March 25, 2008 RDA Regular Meeting
Approved Minutes
as submitted.
6. Minutes
- April 8, 2008 City Council Regular Meeting
Approved Minutes
as submitted.
7. Minutes
- April 8, 2008 RDA Regular Meeting
Approved Minutes
as submitted.
8. Warrant
Register
Approved Warrant
Register No. 461 for April 22, 2008, in the amount of $1,653,977.30 and Payroll
of $70,652.35.
9. Emergency
Medical Services Agreement with the San Bernardino Community College District
Authorized the
City Manager to sign the agreement.
10. Easement
Acceptance/Bruce Street Sidewalk Project
1. Accepted
the Grant of Easement for Road and Drainage Purposes from Israel Rosales; and
2. Directed
the City Clerk to record the Grant of Easement.
11. Easement
Acceptance/Hillview Street Sidewalk Project
1. Accepted
the Grant of Easement for Road and Drainage Purposes from Ramon and Patricia
Estrada; and
2. Directed
the City Clerk to record the Grant of Easement
12. Easement
Acceptance/Rogers Street Sidewalk Project
1. Accepted
the Grant of Easement for Road and Drainage Purposes from Armando and Eulalia
Martinez; and
2. Directed
the City Clerk to record the Grant of Easement.
13. Easement
Acceptance/Go-MAN Construction & Investments, Inc. (Parcel Map 18011)
1. Accepted
the Grant of Easements for Road and Drainage Purposes; and
2. Directed
the City Clerk to record the Grant of Easement.
CITY COUNCIL/REDEVELOPMENT AGENCY
PUBLIC HEARING
ONCE THE PUBLIC HEARING IS CLOSED
NO FURTHER TESTIMONY IS TAKEN.
Mayor Lilburn opened the
public hearing.
14. An
Ordinance of the City of Highland Repealing Chapter 8.50 of Title 8 (Health and
Safety) of the Highland Municipal Code and Replacing Chapter 8.50 Regarding
Noise Control
Community
Development Director Jaquess gave a brief review of the staff report. He
reviewed the ordinance a final time and noticed there was still one change that
had not taken place. On page 8, under 7,
I and 7, J we only need one duration of noise, therefore, one will be deleted
and the lettering be corrected.
Councilwoman
Scott stated the enforcing officer must observe the noise being generated and
must measure the noise level with a noise meter to determine if a violation is
occurring.
Community
Development Director Jaquess stated the statement is from the old ordinance
which is being replaced with the new ordinance.
Councilwoman
Scott stated her Neighborhood Watch group wanted to make certain the noise
ordinance includes barking dogs.
Community
Development Director Jaquess stated we do have regulations for barking dogs
elsewhere in the code so we can deal with barking dogs separately.
City Attorney
Steele stated the definition of illegal noise has been broadened. We created a
definition that includes barking dogs and other sources of noise.
Mayor Lilburn
closed the public hearing.
A Motion
was made by Mayor Pro Tem Jones, seconded by Councilman Timmer to approve, as
amended, the first reading of Ordinance No. 324 of the City of Highland for the
repeal of Chapter 8.50 of the Highland Municipal Code and replacing Chapter
8.50 regarding Noise Control in the City of Highland. Motion carried 5-0.
15. An
Application Submitted by Mr. Young Shin for a General Plan Amendment (GPA
007-001) to Amend General Plan Chapter 2, Land Use Element, to allow Drive-thru
Type Commercial Uses and Structures in a Larger Area of the City’s Town Center
Community Policy Area
Mayor Lilburn
opened the public hearing.
Community
Development Director Jaquess stated he will be making a presentation; however,
detailed questions will be handled by the planning staff. Generally the applicant, Mr. Shin, is
proposing to construct a drive-thru restaurant on property he owns on the
southwest corner of Bonita and Base Line.
In order to pursue this request staff identified the General Plan had
made a conclusion that the town center area should not have any additional
drive-thru facilities. Therefore, we
required Mr. Shin to submit a General Plan amendment. This General Plan is what is before council;
staff expanded the area of the General Plan amendment to include the areas of
the town center which is on the south side of Base Line. This includes land over to Alabama and over
to the freeway on the south side. As you
recall there are some drive-thru’s over at the commercial property adjacent to
the freeway. This would, from a General
Plan standpoint, recognize the existence of these drive-thru but the General
Plan had acknowledged there were drive-thru’s where Bakers and CVS Pharmacy is
being built. It was the intent of the General
Plan to not have any more drive-thru facilities because we felt it would be
contrary to the interest of the city in trying to encourage more pedestrian
orientated activities in the town center.
This went to the Planning Commission and in reviewing the proposal the
commission heard testimony from some neighboring property owners who did not
support the request primarily those mostly along Bonita Avenue. The Commission however felt fairly strongly
that the General Plan policy should be upheld as they are which is to encourage
the businesses to promote pedestrian orientated activities. This does not mean drive-thru’s elsewhere are
not acceptable. As you may recall, the
same night as the General Plan amendment was recommended for denial by the
Planning Commission they did approve a drive-thru restaurant at Sterling and
Base Line. This will conclude the staff
presentation.
Councilman Timmer
stated the plan for the median is that it is going to be in front of all these
properties, is this correct.
City Engineer
Wong stated yes but the median will have a break at the intersection of
Bonita.
Mr. William Shin
stated basically last year he presented a major remodel to the existing
building. Basically the new concept of
the new building is the existing building’s required drafters. Re-licensing a franchise ends in 2010, so
after 2010 if we don’t upgrade the existing building they will not renew our
license. The new concept is with the
drive-thru. He knows there have been
complaints about noise and all that stuff but it is going to be a family
environment and hours will be from 9:30 a.m. to 9:30 p.m. His family has been in Highland for 28 years
plus and been part of this neighborhood for a long time. They would like to stay in this
community.
Councilman
McCallon inquired if they looked at other locations, were there any other
locations under consideration.
Mr. William Shin
replied other location, that’s why we had the land.
Councilman Timmer
stated it was stated in the staff report that there was some discussion about
property at Central and Base Line; however, the city had other plans for the
property.
Councilwoman
Scott stated well is that an option, trading Central and Base Line land with
the referenced land.
Councilman Timmer
stated the Facility Subcommittee is working with staff on the Police Station
that will be part of the complex.
Councilwoman
Scott stated the station will be built clear to the corner.
Councilman Timmer
stated what is being proposed is to put a mini open space park area for that
corner to keep as an open space with a theme there. That is the plan at this point and nothing
has been approved but that is what the design and the architects are looking
at.
Councilwoman
Scott stated that would be a waste of a commercial corner that has access on
Base Line and Central to make it a park.
She has a real problem. Her first
question is the applicant came in and asked for permission to build a drive in
on property that he owns, not that he wants to build a drive in but Dairy Queen
has said that his next lease that is going to expire he has to drive in
facility or he doesn’t get to renew his lease.
He has been here for 28 years and he has hired some of our kids, some of
our grandkids for 28 years. He has been
a business man here and he came in asked to do this on his property, now he
paid a fee but then the staff added nine other properties for this general plan
amendment. So, were they added on his
fee or were those property owners also being charged for this general plan
amendment.
Community
Development Director Jaquess stated actually staff expanded the request to
consider a larger area to avoid just dealing with the general plan amendment on
one parcel which we felt might be like spot zoning. So, in essence we did that on our own
initiative using his application as the basis for that.
Councilwoman
Scott stated she understands that part but she is wondering then did he get a
1/9 cut in what the general plan amendment would have cost him.
Community
Development Director Jaquess stated he did not.
Councilwoman Scott stated he did not, ok and some of the properties that
are there are not included such as the Catholic Church and the Methodist
Church. They are all in that.
Councilman Timmer stated the First Methodist Church is included.
Community
Development Director Jaquess stated that is correct, just St. Adelaide’s was
not.
Mayor Pro Tem
Jones stated there are two planned sections.
Councilman Timmer
stated as he read the staff report, staff had recommended this project to move
forward, we are not taking action on the specific project, we are just taking
action on the general plan designation.
Community
Development Director Jaquess stated the project; if the general plan was
amended it would require him to come back with the specific site development
plan.
Mr. Brian Ige stated he is a family friend and the applicant asked him to
speak on their behalf. He has looked
over the staff report. He feels this
particular project is in compliance with the general plan. From his experience here and just seeing how
they operate their business, they do operate as a family oriented
business. He has seen Mr. and Mrs. Shin
greet all the customers. They seem to be
on an almost first name basis with most customers. From what he has been told not being able to
amend this General Plan Amendment they will not be able to keep Dairy Queen
under their name in the City of Highland.
In regards to neighborhood complaints he knows there might be an
increase in noise or traffic volume but he thinks that there are certain things
that can be done to the site specifically if they were able to process and move
forward. They are proposing, from what
he seen of their plans, a wall which could be raised and could change materials
to provide a buffer and try to reflect the noise back onto Base Line. As far as lighting goes they could do other
things they are willing to do if they are able to move forward with this. They could lower the lights so that it’s not
a big inconvenience to the local neighborhood in terms of light night
usage. If there is are complaints about
trash they can provide more bins or have some type of trash remediation plan if
that is a concern. He has seen the site
and it is pretty much a barren lot and he noticed there is a big commercial
development being placed across the street.
As he sees it the neighborhood will be more affected by that than one
small site that is right next to them.
If they are not able to develop this piece of property they will not
have a buffer of even having some kind of wall or something to reflect any
increase in noise or traffic volume. Right
now it is unimproved and the applicant could provide landscaping that will
improve the frontage and provide a cleaner look as you enter the city.
Mr. Ernest Yuen, Jr. stated the words that were used in the invocation
give him the ability to slide on in there supporting our troops. He would like to inform everyone here that he
is the lone surviving veteran in the City of Highland that has participated in
three wars, World War II, Korea and Vietnam.
He also holds a doctorial degree in engineering. He is here to represent and speak in favor of
Mr. Shin. First of all, the article that
was published in the Highland Newspaper on the 3rd of April 2008
that states that noise, trash and excessive lighting that the changes could
create, as you all know the words could, should and would have little
difference in them and will and shall.
The applicant has no intention at this time of using high intensity
lighting. As far as the noise and trash
Baker’s Drive In which is located on Base Line and Palm has been in operation
for quite a few years. The way he sees
it is people go through a drive-thru in their cars and within the confines of
law they carry litter bags in their cars.
They buy their food to go home and consume the food or they go to other
places like parks and so forth. So he
does not see this as a problem as far as noise and trash. To revise a resolution he would like to say
Mr. Shin and his family came here from the Old Country of Korea many years ago
to realize the American Dream. We need
to give them that further opportunity and he would like to add that Mr. Shin
was a member of the Republic of Korea Tiger Division which participated in the
Vietnam War on the side of the United States and he received some accolades for
his duty within Vietnam.
Councilman McCallon stated he would like to thank Mr. Yuen for his
service to our country.
Mr. Armon Mount stated he has lived in Highland since 1959. He would like to read a prepared
statement. As he read the article in the
local newspaper regarding the Planning Commission’s recommendation to deny the
request of Mr. Shin’s to located his business directly across Base Line from
the new drive-thru presently being built there he could not understand. As he read further that the Town Center
designed this pedestrian friendly makes no sense that the criteria for the
south side of the street would be any different from the north since both are
in the same described area in the General Plan.
If there were concessions made to the Baker’s building should not the
same be granted to Mr. Shin’s Dairy Queen.
He realizes that a few nearby residents are opposed as there always is
when new business buildings are proposed close to their homes. He does know Mr. Shin has been a tax paying
business resident of Highland for 28 years and has certainly earned a
thoughtful consideration for this application.
Please allow him to quote the General Plan under the strengthening
commercial opportunities section for those who might not be aware or have
forgotten because it is an older established community Highland service costs
may increase beyond Highland’s ability to generate public revenues to maintain
and provide for city’s services and infrastructure. Attention to land uses that generate public
revenue sources for capital facility and operation and maintenance will be
important to provide a high quality of public services and facilities. Much of the market demand retail opportunities
in Highland are met in areas outside the city.
As a result Highland generates a relatively low level of retail sales
tax per capita compared with other nearby communities. Maintaining competitiveness through retail
revitalization of existing centers maximizing the economic advantages posed by
the proximity of San Bernardino International Airport and new retail
development that provide a wide range of retail goods and services will be
necessary to enhance taxable retail sales.
The city needs to identify and preserve strategic areas for future
retail oriented commercial uses and pursue economic development strategies that
facilitate development. Goal is to
provide retail sites that encourage residents to spend dollars within the city
and to track non residents to shop within the city. He believes this goal is exactly what this
business does and he urges council to allow it to happen. He does not believe anyone wants to see this
as one of those retail opportunities that was met outside the City of Highland.
Mayor Lilburn stated she does not have any speaker slips in opposition
and inquired if the applicant has any other comments. Hearing none she closed the public hearing.
Councilman McCallon stated this business has been in this community for
many years and as we’ve done with the Base Line businesses we bent over
backwards to insure these businesses are not harmed by the changes in the
general plan. He thinks the council
ought to acknowledge the fact that Mr. Shin has been a businessman in this community
for a long time and we should not penalize him for something that is outside
his control. Therefore he is in favor of
making the general plan amendment.
Councilwoman Scott along that line, on page 5 of the report, under public
comments apparently one of the other nine owners of some property that staff
put in and she sees the reasoning behind that.
Do a big one instead of piecemeal.
One property wanted to know what effect the general plan amendment would
have on his property but she does not see where there was any response and she
would like to see the nine other property owners agree that they would like to
have the general plan pertain to their piece of property and not have the city
just carte blanch and put it in. She
thinks we did that on part of Base Line anyway and she does not think we should
do it again.
Councilman Timmer stated we are not changing the land use
designation. All we are saying is that
if we go forward with this is that we are going to permit drive-thru’s as a use
in this current plan. This gives more
flexibility to all property owners.
Mayor Lilburn stated now this does not mean they can have drive
thru’s. They have to go before Planning
Commission.
Councilwoman Scott stated this is true but if you are going to have a
general plan that says that this particular use is permitted and you permit one
and two and five and you do not permit three and four and seven that is
discrimination.
Mayor Pro Tem Jones stated every person who proposes will be considered
individually based upon the merits of that particular business at the time it
is submitted and reviewed. So, there is
no discrimination because it is allowing every one of them the same
opportunities and privileges and he is agreement with Councilman McCallon that
we ought to do everything we can to keep the businesses that have been here a
long time within the community and we ought to realistically understand that
this area along Base Line is going to be used and whether it is a drive-thru,
which also is a sit down restaurant, it is not just strictly drive-thru and
that’s all it will allow you to do both.
So, you could actually move back and forth as you can with the other
restaurants that are down the street. We
are not doing anything different than is already being done there and we were
doing it across the street. He would
agree not to approve this general plan amendment and move forward each one
independently.
Councilwoman Scott stated she agrees and thinks council should approve it
also but she thinks Mr. Shin should be refunded what he paid for the general
plan amendment for his property alone since the other nine were added to it and
she thinks the council should be the one to go for the general plan
amendment.
Councilman Timmer stated that cost to the applicant did not go up or down
based on adding these properties. That
was a staff decision that did not make it more expensive or less expensive to
do the amendment.
Councilwoman Scott stated well it may not have but if it goes through
then the other nine are going to ride on the coattails and they will not have
to go for it. They will not have to pay
anything.
Councilman Timmer stated just because we are saying they are permitted to
have a drive-thru at these other sites,
it does not mean that it is the only thing they are going to do. They can build any kind of commercial project
they want as long as it meets the criteria and the standards of the city.
Councilwoman Scott stated that is true but Mr. Shin has paid for it.
Mayor Lilburn stated one page of the staff report reads that the Planning
Commission found drive-thru’s are not destination type uses and on the opposite
page in the same report it states along the north side of Base Line there is
parcels with CVS Pharmacy drive-thru’s, there is Baker’s drive-thru, so we have
one page stating we are not allowing drive-thru’s but then on the other page it
shows all these other drive-thru’s that we have approved and then therefore on
the east side they all continue.
However, we need to understand there are residents that live on Bonita
who think or are under the impression and we need to clarify this for them that
regardless if this Dairy Queen or not this is zoned commercial and they are
going to see a commercial development there.
Secondly, we are not going to take your property. Your property is not going to be taken for
the benefit of this development and the applicant needs to understand that the
city does not do this. The city has not
intentions of doing so. We have agreed
in the general plan that this is going to be our Town Center and this is a
commercial corridor and this is going to offer services to bring in
businesses.
Councilwoman Scott stated Mr. Shin will still have to go back before the
Planning Commission and jump through all the hoops.
Mayor Lilburn stated this decision does not approve the drive-thru. This only approves the general plan
amendment.
Councilman McCallon stated he would like to move to direct staff to come
back with a resolution approving the general plan amendment.
A Motion was made by Councilman
McCallon, seconded by Councilwoman Scott to direct staff to prepare a
resolution approving the general plan amendment which would amend General Plan
Chapter 2, Land Use Element, Goal 2.10, Policy 10), to allow drive-thru type
commercial uses and structures on ten (10) properties within the City’s Town
Center Policy Area. Motion carried 5-0.
CITY COUNCIL/REDEVELOPMENT AGENCY
LEGISLATIVE
16. Amendment
to Engineering Contract with Willdan Associates
City Engineer
Wong gave a brief review of the staff report.
A Motion
was made by Councilman McCallon, seconded by Councilwoman Scott to approve
Addendum No. 4 with Willdan Associates to reflect a change in the fee
schedule. Motion carried 5-0.
17. The
San Bernardino County Board of Supervisors Considering a Proposal to Adopt
Provisions of the California Revenue and Taxation Code Section 69.5(a)(2)
Director of Administrative Services Dantuono gave a
brief review of the staff report.
A Motion was made by Councilman McCallon, seconded by Mayor
Pro Tem Jones
to not support a proposal to adopt provisions of the
California Revenue and
Taxation
Code Section 69.5(a) (2). Motion carried
3-2 with Councilman Timmer and Councilwoman Scott dissenting.
18. Introduce
Ordinance No. 325 Setting the Rate of Compensation for the Highland City
Council
Director
of Administrative Services Dantuono gave a brief review of the staff report.
Councilman Timmer
stated he has historically not supported increasing compensation for the council
and he did not join the council for the pay.
However, he does not plan to support it.
City Attorney
Steele stated in the existing code there is still a reference to $300 per month
in section 2.04.020 therefore the motion should include the deletion of this
statement.
A Motion
was made by Councilman McCallon, seconded by Mayor Pro Tem Jones to introduce
Ordinance No. 325 setting the rate of compensation for the Highland City
Council and to delete the reference of $300 per month compensation as listed in
section 2.04.020. Motion carried 3-2
with Councilman Timmer and Councilwoman Scott dissenting.
19. San
Bernardino County Water Conference – Co-hosting Event
City Clerk Hughes
gave a brief review of the staff report.
A Motion
was made by Mayor Pro Tem Jones, seconded by Councilman McCallon to direct
staff to lend the City’s name to co-host the 2008 San Bernardino County Water
Conference. Motion carried 5-0.
20. Update
on SANBAG, SCAG, Omnitrans, Work Program and Regional/Legislative Issues/Development
Issues/Subcommittees/AB 1234 Updates
Mayor Lilburn
stated the council has received a letter from Cypress Elementary School
thanking the staff who painted in front of their school. They stated our staff was very polite,
courteous and efficient.
Councilman
McCallon stated he had attended Legislative Action Days in Sacramento from
April 16 to April 17 2008.
21. San
Bernardino International Airport Authority and IVDA
City Manager
Hughes stated staff and city attorney’s office commented on the latest SBIAA
project. A copy has been sent to
council.
22. Create
Public Safety Tax Measure Ad Hoc Committee
Mayor Pro Tem
Jones stated the same members as the Public Safety Subcommittee should be
appointed to the Tax Measure Ad Hoc Committee.
Mayor Lilburn
stated Public Safety Committee members, Mayor Pro Tem Ross Jones and Mayor
Penny Lilburn will be appointed to the Public Safety Tax Measure Ad Hoc
Committee.
ANNOUNCEMENTS
Community Park, Friday,
April 25, 2008 Arbor Day
Tree Planting Ceremony
Thursday, May 1, 2008 League of
California Cities Dinner Meeting
Saturday, May 31, 2008 Library
Groundbreaking/Dedication
CLOSED SESSION
At 7:20 p.m. the
City Council and Redevelopment Agency convened into closed session regarding
the following:
CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to
Government Code Section 54957.6 regarding the following:
Agency Negotiator: Joseph
Hughes
Employee Organization: Unrepresented employees.
PUBLIC
EMPLOYEE PERFORMANCE EVALUATION
Pursuant to
Government Code Section 54957:
Title: City Manager
At 7:47 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 Lilburn adjourned the meeting at 7:49 p.m. in memory of
Lawrence Mainez, Jr. and Martin Matich.