MINUTES
REDEVELOPMENT AGENCY AND CITY COUNCIL
REGULAR MEETING
JUNE 10, 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
Councilman McCallon and the Pledge of Allegiance
was led by Councilman Timmer.
ROLL CALL
Present: McCallon,
Scott, Timmer, Jones, Mayor Lilburn
Absent: None
SPECIAL PRESENTATIONS
None
COMMUNITY INPUT
Mr. Ray Jamison
stated he is requesting more time in order to comply with his code enforcement
citation. He sees other citizens with
code violations as well and he feels as if Code Enforcement is singling him out
as he has been harassed for the last eight to ten years for various
reasons.
Mayor Lilburn
requested Community Development Director Jaquess to work with Mr. Jamison to
assist him with the citation.
Ms. Gigi Hannah
stated she is representing the Water Resources Institute at Cal State San
Bernardino where she is the Associate Director. They bring together policy makers, public agencies, planners and
those who are interested in water issues.
In 2006, the Governor signed AB 1881 which mandates cities to implement
landscape ordinances by January 2010 or create one of their own which meets or
exceeds that. She would like to urge
staff to attend meetings to share ideas and also to receive any important information
that may be available.
Councilman Timmer stated he attended the last Municipal Water District
meeting and there were comments made about statewide water issues. He believes Municipal Water District is in
the process of putting together a draft ordinance to meet state
requirements. This will be a resource
in which we could utilize.
CITY COUNCIL/REDEVELOPMENT AGENCY
CONSENT CALENDAR
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, 4-1, with Councilwoman Scott dissenting on 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 13, 2008 City Council Regular Meeting
Approved Minutes
as submitted.
3. Minutes
- May 13, 2008 RDA Regular Meeting
Approved Minutes
as submitted.
4. Warrant
Register
Approved Warrant
Register No. 464 for June 10, 2008, in the amount of $626,741.71 and Payroll of
$69,727.32.
5. November
4, 2008 General Municipal Election
1. Adopted
Resolution No. 2008-24 calling and giving notice of the holding of the regular
municipal election to be held on November 4, 2008;
2. Adopted
Resolution No. 2008-25 requesting San Bernardino County to consolidate the
general municipal election with the statewide election; and
3. Adopted
Resolution No. 2008-26 establishing regulations for candidate statements.
RESOLUTION NO. 2008-024
RESOLUTION NO. 2008-025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNA, REQUESTING THE BOARD OF SUPERVISORS
OF THE COUNTY OF SAN BERNARDINO TO CONSOLIDATE A
GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2008,
WITH THE STATE-WIDE GENERAL ELECTION TO BE HELD ON THE
RESOLUTION NO. 2008-026
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HIGHLAND, CALIFORNIA, ADOPTING REGULATIONS
FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2008
6. Adjustment
to Employee Benefits
Adopted
Resolution No. 2008-27 amending Resolution No. 2006-022 establishing personnel
system rules and rescinding Resolution No. 2007-029.
RESOLUTION NO. 2008-027
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF HIGHLAND, CALIFORNIA,
AMENDING RESOLUTION NO. 2006-022 ESTABLISHING
PERSONNEL SYSTEM
RULES & RESCINDING
RESOLUTION NO.
2007-029
7. Resolution
No. 2008-28 Implementing on July 1, 2008, a 3 Percent Across the Board
Adjustment for All Employees
Adopted
Resolution No. 2008-28 implementing on July 1, 2008, a 3 percent across the
board adjustment for all employees.
RESOLUTION NO. 2008-028
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, 06-22 and 07-32
ESTABLISHING
EMPLOYEE SALARIES
8. Easement
Acceptance/John and Lillian Harnitchek (7447 and 7453 Victoria Avenue)
1. Accepted the
Grant of Easement for Road and Drainage Purposes from John and Lillian
Harnitchek; and
2. Directed the
City Clerk to record the Grant of Easement.
9. Easement
Acceptance/CITICOM Development (Parcel Map 18011)
1. Accepted the
Grant of Easement for Road and Drainage Purposes; and
2. Directed the
City Clerk to record the Grant of Easement.
10. Annual
Anticipated Disadvantage Business Enterprise (DBE) Participation Level for
Federal Fiscal Year 2008/09
1. Adopted
Resolution No. 2008-29 approving the Annual Anticipated DBE Participation Level
(AADPL) of 21% for Federal Fiscal Year (FFY) 2008/09 (covering the period of
October 1, 2008 through September 30, 2009); and
2.
Directed the City
Engineer to submit said AADPL to the California Department of Transportation
(Caltrans) to meet funding authority requirements on behalf of the City.
RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF HIGHLAND APPROVING THE ANNUAL ANTICIPATED
DBE PARTICIPATION LEVEL (AADPL) OF 21% FOR FEDERAL FISCAL YEAR (FFY) 2008/09
11. San
Bernardino Lakes and Streams Ecosystem Restoration Feasibility Study – In-kind
Contribution in the Form of Dedicated Staff Representation and GIS Data Sharing
Authorized the
Mayor to submit a letter to the San Bernardino County Regional Parks Department
detailing the City’s commitment to assisting with the subject Feasibility Study
and providing “in-kind contributions” in the form of staff representation and
GIS data sharing.
CITY COUNCIL/REDEVELOPMENT AGENCY
LEGISLATIVE
12. Request
for Financial Assistance by Dr. Charles Sabbah to Rehabilitate the Commercial
Center Located at the Northwest Corner of Base Line and Reedy Avenue
Economic
Development Specialist Stater gave a brief review of the staff report. The
property owner has made three amendments to the agreement. First was to increase the loan amount from
$233,983 to $250,000, second was to permit future transfer of the loan to a
party acceptable to the agency and the third request was for $100,000 of his
own funds to follow the agencies loan amount.
The first and second amendments were approved but the third request was
not. This would be a 10-year forgivable
loan. The forgiveness would start on
the sixth anniversary and would be forgiven at 20% increments. If there is a default on the loan or a sale,
then it would require previous repayment.
Agency Member
Scott asked how much protection does the City of Highland has if this loan is
put into a LLC or a trust?
City Attorney
Steele responded as long as the trust deed is recorded against the property,
which the loan agreement requires, and the property is transferred into that
same entity the level of protection is the same as it is now. Once the trust deed is recorded, the city
has security interest in the property.
Agency Member
McCallon stated number 10 in the agreement does not have language stating it
does not prohibit transfers to entities that the applicant participates in, is
this correct.
Economic
Development Specialist Stater stated it does not preclude it. We would need to have recommended language
from the City Attorney.
City Attorney
Steele stated if the transfer is to be made to an entity controlled by Dr.
Sabbah, then the next transfer can be made without approval from the city or
without default. If the transfer is to
be made to a third party, then an approval is required prior to the
transfer.
Vice Chairman
Jones stated he would think we would want to approve any change or transfer of
title. He thinks it would be prudent
for us and for Dr. Sabbah to have this language.
City Attorney
Steele stated it is important for the city to have a level of control over the
property.
Agency Member
Timmer stated the way the contract is currently written, the $100,000 of Dr.
Sabbah’s commitment will be used first.
Agency Member
Scott stated the city will receive receipts for the way the $100,000 was spent.
Economic
Development Specialist Stater stated that is correct.
Agency Member
Timmer stated the city will pay the fees for plan checks and for whatever is
required out of the $250,000. The city
would be paying these fees up front and for the first part of construction Dr.
Sabbah would be required to pay the first $100,000. If any monies are left over, the City of Highland should receive
these benefits.
A MOTION was
made by Agency Member McCallon, seconded by Agency Member Timmer, to approve
loan agreement as it is currently written.
Motion carried, 5-0.
13. Review
of the City’s Sign Regulations and Temporary Promotional Signs for Future
Development Projects
Community
Development Director Jaquess gave a brief review of the staff report.
Councilwoman
Scott stated a special permit would be required for this temporary signage.
Community
Development Director Jaquess stated this is what staff was recommending. Staff would have to create a procedure and a
temporary permit.
Councilwoman
Scott stated her concern is this item needs to be based on a case by case basis
due to the fact that she could see other businesses wanting to take advantage
of this.
Councilman Timmer
stated marketing vacant properties were discussed at a previous meeting and
sliding scales based on the size of the property were included in the
ordinance. He does not think the
ordinance should be changed. Applicants
could submit a sign plan for the corresponding acreage and propose it the
Design Review Board.
Mayor Lilburn
stated she understands the Council does not want to dispute a sign
variance. Many hours were spent at ICSC
promoting this project and why not promote it in our own city.
Councilman Timmer
stated he would like to see a temporary sign constructed on site.
Mayor Pro Tem
Jones stated Mr. Jeff Axtell should be invited to speak before the Council to
give his perspective on this item. They
may have a different perspective than Council in reference to what is necessary
to market this project.
Mr. Jeff Axtell,
Vestar Development, stated the current signage is a professionally designed
graphic. The reason for the portable
trailer is signs that big cannot be constructed. It is a 48-foot trailer and to build a sign that large would not
be feasible. The marketing program for
pre-development accomplishes two things.
The most important is the tenants.
When the tenants drive by and see a marketing program on site, it will
help them to realize the site is real and gets a message to the tenants as to
the quality of the development.
Secondly, it is for the local community. We want the community to see
what is coming and the marketing program gets the community excited about the
upcoming development.
Councilman
McCallon stated Council is more than willing to work with Vestar on marketing
the property. One issue, which we have
had in the past, is the trailer concept.
We specifically prohibit it in our sign ordinance. He is disappointed Vestar did not approach
staff and ask for permission to place the trailer. The question is how to market the site effectively where Vestar
could accomplish what needs to be done and the City of Highland could
accomplish what we need to do to maintain our integrity of our sign program.
Mr. Jeff Axtell,
Vestar Development, stated he does apologize for not coming to staff for a
permit. He has approached staff to
create a temporary marketing sign program which outlines certain
requirements.
Councilman Timmer
stated his concern is if Council approves some type of signage program allowing
trailers, every property along Greenspot will want the same type of trailers
parked everywhere. He is not sure this
is what Council wants to convey as part of our signage program.
Mayor Pro Tem
Jones stated every project does have some type of signage. Plumbers, contractors have signage on their
vehicles and we, as a city, have wrapped a vehicle in a vehicle wrap which
violates our own sign ordinance. He is
not opposed to the trailer having a sign on it when it is attractive which in
fact invites the type of businesses you want there as opposed to putting a
permanent sign that is going to cost more.
We need to work with the developer in coming up with something which
will meet all of our needs.
Councilwoman
Scott stated she is in agreement with Mayor Pro Tem Jones. When we have had various residential
developments they have pulled in trailers to be used as offices which have had
logos on them. She thinks it should be
based on a case by case basis. She
would rather see a nice trailer than a billboard. The Vestar trailer is not tacky.
City Manager
Hughes stated the method to take care of this would be to utilize the PUD
process. The PUD process has language in the code which would allow for site
specific signage program. The request
would have to go before the Design Review Board for approval but it would be
under the Planned Unit Development. It
would be exclusive and it will be based on the site specific need. Also, we would not be modifying the sign
ordinance.
14. Update
on SANBAG, SCAG, Omnitrans, Work Program and Regional/Legislative
Issues/Development Issues/Subcommittees/AB 1234 Updates
Councilman
McCallon stated SANBAG has elected a new Vice President which is Mayor Paul Eaton from the City of
Montclair. SCAG released the Regional Comprehensive Plan without EIR which
is a change in direction that we took at the last
meeting.
Mayor
Lilburn stated the Rotary Club purchased and installed benches for Omnitrans in the Redlands area. The Board of Directions will be working on
an agreement with Union
Pacific on the future site of the Transit City Center for Omnitrans.
Councilman Timmer
stated there is a legislative bill being passed to limit new homes in the high
fire risk area. We need to be following
this bill as the area where we had our study session on is well within this
description.
Mayor Pro Tem
Jones stated it would be prudent to authorize the Mayor to compose a letter to
the Orange County Chairman of that Commission to request they hold off in
making a decision on a developer until we have communicated with each
other.
Mayor Lilburn
asked how an RFP could be approved on such minimal participation. How could
someone be selected who did not have a project or had a visual versus someone
who has a visual?
Community
Development Director Jaquess stated each applicant submitted a proposal that
was reviewed by the committee.
Councilwoman
Scott inquired if there were vast differences between the proposals.
Community
Development Director Jaquess stated yes there was.
Councilwoman
Scott stated she is in agreement with Mayor Lilburn as she would like to see a
visual of what is planned.
Mayor Jones
stated a plan was not requested. It was
a request for qualifications of each agency’s ability to perform. It is way too early to see a visual plan on
this?
City Manager
Hughes stated a plan will be submitted based on the input of the city.
Councilman Timmer
asked how are we going to get involved in the selection? How do we get involved based on the Mayor’s
letter stating for them to stop?
Mayor Pro Tem
Jones stated it was his understanding there was a difference in communication
at what was perceived, what was received and what was presented.
Mayor Lilburn
stated it sounded as if some applicants were not familiar with the piece of
property. This is where her concern is
because they could run into things they do not know about and the pricing could
be different than proposed.
Councilman
McCallon based on the presentation this evening, the two that are being
selected, he would not select.
Mayor Pro Tem
Jones stated their selection process and that which they are looking at is not
the same that we are looking at. As a
result of this, the end product is going to be trial and error. He is not willing to enter into a trial and
error process that will stretch this out for a great period of time. If we get involved now in choosing a firm,
it will give a better a vision of what we want. He is concerned at the next meeting a firm will be retained and
in fact maybe this is not the best choice to be made.
Councilman Timmer
stated once the firm is selected, one of the first things they should do is to
meet with the Board that is going to approve their projects to get the vision
statement.
Mayor Pro Tem
Jones stated Orange County asked for an RFP.
An RFP is not what should be asked for at this time. A Request for Qualifications is what should
be asked for at this time.
Councilman Timmer
stated the answer may be in the letter.
Rather than asking for a delay maybe it should state we have concerns
for our vision to be met and would like the opportunity to participate in the
initial process and if we are not satisfied with the developer, it will be made
known to Orange County.
Councilwoman
Scott stated the letter should also state an Ad Hoc Committee has been formed
and should be included in all meetings and any necessary information.
Community
Development Director Jaquess stated he can obtain copies of all the proposals
to be made available to Council.
Mayor Lilburn
stated maybe not full copies are needed but bullet points of why this firm or
another firm should be chosen.
Councilwoman
Scott stated the action should be to form an Ad Hoc and to draft a letter.
Councilman Timmer
stated what is the intent of the letter, to stop and desist. The Ad Hoc Committee should consist of two
Council Members, two Planning Commissioners and a Design Review Board Member to
make up a five member committee.
Councilwoman
Scott stated to inform Orange County of the Ad Hoc Committee and we would like
to have the Ad Hoc Committee be included in the total process along with thanks
for their participation. The Ad Hoc
should be two Council Members and one Planning Commissioner.
Councilman Timmer
stated he is not certain if we need to ask them to stop at this point. The function of the Ad Hoc is to look at the
issues and if they are not happy at any point then they would let Orange County
know. He would be willing to serve on
the Ad Hoc Committee.
Councilman
McCallon stated he would be willing to serve.
Mayor Pro Tem
Jones stated he would be willing to serve.
Mayor Lilburn
stated she would like to appoint Mayor Pro Tem Jones and Councilman McCallon to
serve on the Orange County Ad Hoc Committee.
She would like to have the consensus of the Council regarding what the
letter should include. Should the
letter state the City of Highland wants to be part of the process and would
request a postponement of 30 days to make any decision or should it state only
that we would like to be part of the process?
Mayor Pro Tem
Jones stated the letter should state we want to be part of the process and the
process includes selection of any consultant.
Councilwoman
Scott stated we want to have a voice in the selection but not necessarily
selecting the consultant.
City Attorney
Steele stated the city does not want to be too closely tied to the selection of
the consultant due to the possibility of the developer coming in stating the
city cannot deny this project as the city selected the consultant. If the city wants to present factors that
are important, this is fine.
Mayor Pro Tem
Jones stated the ultimate decision is theirs but recommendations can be made.
Councilman
McCallon stated he would suggest the letter state the city would like to be
involved in the process and will be forming an Ad Hoc Committee to do so. Also to request the continuance of this item
for 30 days to allow the city to coordinate a meeting to scope the project and
discuss factors that is important to the City of Highland.
15. San
Bernardino International Airport Authority and IVDA
None
ANNOUNCEMENTS
July 15-18, 2008 Public Safety Appreciation Week
Saturday,
June 14, 2008 Highland Night at Orange Show Races
Friday,
August 1, 2008 Volunteer Appreciation Dinner
Councilman
McCallon stated the sponsorship levels for the appreciation dinner have been altered for some reason. The bronze and the silver are the same but
the others have been changed.
City
Manager Hughes stated he has not seen the letter.
Councilman
McCallon stated the letter has been sent to all businesses. We need to go
back to the old levels.
CLOSED SESSION
At 7:50 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 1201-341-14
Negotiating Parties: Joseph Hughes, City of Highland
Maria
Tobin
Under negotiation: Instruction to City’s negotiator concerning
price and terms of payment.
At
8:33 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 8:35 p.m. in memory of
Donna Harkey, Margaret Racadio and Bill Leonard.
Submitted by: Approved by:
____________________________ _________________________________
Betty Hughes, CMC Penny Lilburn
City Clerk Mayor
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