MINUTES
REDEVELOPMENT AGENCY AND CITY COUNCIL
REGULAR MEETING
JULY 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 6:05 p.m. by
Mayor Lilburn at the Donahue Council Chambers,
27215 Base Line, Highland, California.
The invocation
was given by Pastor Wayne Reynolds of Immanuel Baptist Church and the Pledge of
Allegiance was led by Mayor Pro Tem Jones.
ROLL CALL
Present: Jones,
McCallon, Timmer, Mayor Lilburn
Absent: Scott
SPECIAL PRESENTATIONS
Mayor Lilburn presented City Manager Hughes with a Community Spirit Award for his dedication and contribution to the community of Highland. Police Chief Phillips thanked City Manager Hughes and Director of Administrative Services Dantuono for their contribution to the community.
Todd Warden,
Representative from South Coast Air Quality Management District, gave a brief
update.
COMMUNITY INPUT
Mr. Fred Yauger,
Director of East Highlands Ranch Board, stated he has a concern regarding the
foreclosure properties in the Ranch and the maintenance of the properties. He believes Riverside has adopted an
ordinance allowing penalties to incur for properties not being maintained and
would like the city to look into this.
Councilman Timmer
stated the Ranch has the capability to ask residents to maintain their
properties. If Mr. Yauger is asking for
Council to assist in the process, we would have to go through the process which
would be very timely.
Mr. Gene Quesada
stated he purchased his property approximately 20 years ago. He now has a street behind him which is a
cul-de-sac that has a public drainage that runs underground and on the side of
his home. The drainage area is also
overgrown with weeds.
Mayor Lilburn
stated staff will contact Mr. Quesada.
City Manager Hughes stated a request for a Closed Session item to be
added to the agenda.
A MOTION was made by Councilman
McCallon, seconded by Mayor Pro Tem Jones, to add a Closed Session item to the
agenda. Motion carried, 4-0, with
Councilwoman Scott being absent.
A MOTION was made by Councilman
McCallon, seconded by Mayor Pro Tem Jones, to approve the consent calendar as
submitted. Motion carried on a roll
call vote, 4-0, with Councilwoman Scott being absent.
1. Waive
the Reading of All Ordinances
Waived the
reading of all Ordinances in their entirety and read by title only.
2. Minutes
- June 10, 2008 City Council Regular Meeting
Approved Minutes
as submitted.
3. Minutes
- June 10, 2008 RDA Regular Meeting
Approved Minutes
as submitted.
4. Claim
Consideration - Aurturo Mendez Contreras
Rejected claim.
5. Warrant
Register
Approved Warrant
Register No. 466 for July 22, 2008, in the amount of $2,351,583.63 and Payroll
of $69,696.46.
6. Easement
Acceptance/9th Street - Lepe
1. Accepted
the Grant of Easement for Road and Drainage Purposes from Javier V. Lepe and
Luz Elena Lepe; and
2. Directed
the City Clerk to record the Grant of Easement.
7. Easement
Acceptance/TREH-Partners (CUP 007-003/Highland Crossings)
1. Accepted
the Grant of Easement for Road and Drainage Purposes from Regency Realty Group;
and
2. Directed
the City Clerk to record the Grant of Easement.
8. Easement
Acceptance/9th Street Sidewalk Improvements
1. Accepted
the Grants of Easement for Road and Drainage Purposes from Ruben and Emma A.
Delgado; and
2. Directed
the City Clerk to Record the Grants of Easement.
9. A
Semi-Annual Report of the Processing of Applications per the City Council’s
“Come Home to Highland” Program and Policies for the Period of January 1, 2008,
to June 30, 2008
Received and
filed the report.
10. Direct
the City Clerk to Publish Ordinances as Required by Applicable Law and
Designating the Three Public Places where Official City Documents may be Posted
Adopted Resolution No. 2008-035 directing the City Clerk to publish ordinances as required by applicable law and designating the three public places where official city documents may be posted.
RESOLUTION NO. 2008-035
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HIGHLAND,
CALIFORNIA REPEALING RESOLUTION NO. 98-48,
DIRECTING THE CITY CLERK TO PUBLISH ORDINANCES
AS REQUIRED BY APPLICABLE LAW AND
DESIGNATING THE THREE PUBLIC PLACES WHERE
OFFICIAL
CITY DOCUMENTS MAY BE POSTED
CITY COUNCIL/REDEVELOPMENT AGENCY
PUBLIC HEARING
11. Consideration
of a Resolution to Increase the Business Licenses Tax on the Extraction and/or
Processing of Rock, Sand and Gravel (Aggregate) pursuant to Section 5.17.040
(Rock, Sand and Gravel [Aggregate] Extraction and Processing Tax), of Chapter
5.17 (Business License Tax on Extraction and/or processing of Rock, Sand and
Gravel [Aggregate]) of Title 5 (Business Licenses and Regulations)
Mayor Lilburn
opened the public hearing.
Community
Development Director Jaquess stated this item is one that comes up on an annual
basis. The mining tax is proposed to be
increased annually based on the cost of living index and this year it is going
up from 17.19 cents per ton to 17.82 cents per ton. We did notify the mining companies and the BIA about two weeks
ago and he has not received any feedback.
Mayor Lilburn
inquired if there were any applicants in the audience who would like to give a
presentation. Hearing none, she stated
she has not received any speaker slips in favor or opposition, therefore, she
will close the public hearing.
A MOTION
was made by Councilman McCallon, seconded by Mayor Pro Tem Jones, to adopt
Resolution No. 2008-036 fixing the Highland Business Tax on the extraction
and/or processing of rock, sand and gravel (aggregate) for Fiscal Year
2008-2009. Motion carried, 4-0, with
Councilwoman Scott being absent.
RESOLUTION NO. 2008-036
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND
FIXING THE HIGHLAND BUSINESS LICENSE TAX ON THE EXTRACTION
AND/OR PROCESSING OF ROCK SAND AND GRAVEL (AGGREGATE)
FOR FISCAL YEAR 2008-2009
12. Consideration of Proposals of Tow
Companies to Participate in the City’s Tow Rotation Program beginning July 1,
2008, and ending June 30, 2010
Mayor Lilburn
opened the public hearing.
Community
Development Director Jaquess stated this item was previously before you, about
two years ago, and the contract was approved which expired on June 30,
2008. We are running a little over and
have continued with the previous tow rotation people that were previously
approved. This time staff sent out an
RFP in May to the five tow companies that were already on the tow rotation
agreement. Staff also sent out three
additional copies to firms that have indicated they wanted to be considered
being added to the tow rotation and advertised the tow rotation in the
newspaper. He did not receive any
additional requests but we did get eight submittals. Seven submittals were received by the deadline as noted in the
staff report. One of the submittals
came in about five days after the deadline. Of all the submittals, only two are
fully compliant with all the criteria of the RFP and the contract. This means they have four classes of towing
and storage, their storage yards are within 1-1/2 miles of the city and they
fully comply. Others in different ways
were less compliant. A & G and
Armada were fully compliant and they have been on the program previously for
six years. Bill Wags is a new request
and they are not currently in the tow rotation in the City of Highland but
their yard is about two miles from the city limits. They are located in Redlands right now. That is one of the criteria that we have applied in the past to
evaluate firms and the criteria was they should be within 1-1/2 miles. The fourth one was JLM Towing, another new
proponent. One correction to the staff
report - after the staff report was distributed he spoke with the owner and the
owner stated they are both Class A and Class B provider. Their tow yard is also outside the 1-1/2
mile criteria. They are about seven
miles from city limits. L & L
Towing has been in the program for about ten years. They are Class A, Class B and Class C Towing. They have been previously approved and have
been in the program for ten years.
Councilman Timmer
stated they have a yard within the City of Highland.
Community
Development Director Jaquess stated yes they have a yard within the city. Pepe’s Tow Service has been in the program
for six years and is currently in good standing. They are a Class A and Class B tow and storage provider. They have been previously approved but they
did have a yard that was more than 1.5 miles from the city. Their yard is about 2.2 miles from the
city. They did provide all the
information that was requested from them since the staff report was
prepared. William Dot Truck Specialties
is a new proponent. It’s the third of
the three. They are a Class A and Class
B proponent. Their yard is more than
1-1/2 miles in distance. It’s about 2.2
miles from city limits to their yard.
Wilson Towing is an agency that has been in the tow rotation for several
years, since 1994 in fact. They are a
Class A and Class B tow facility only, similar to the previous proponent. Staff has provided all eight of the proposals
to the Council for determination. One
of the questions that arose at staff level is what is the amount of activity
that we have right now and historically in the program. It is a little difficult to answer. We have coordinated with the Police
Department on that and they were able to document about 450 tows last year and
those were spread across the five tow companies that we have. The Police Department indicated there were
some other private towing that occurred that they did have information on. He did put a summary table at the end of the
staff report that you could refer to that has basic information in there.
Mayor Lilburn
stated, we only had two people who complied with the RFP. Let’s just say this is another project that
we had going on in the city and only two people complied with the RFP. Would we only allow those two people to
qualify for the project? Why should it
be any different on the tow rotation?
Community
Development Director Jaquess stated the only reason he would address that
differently would be the fact that there is a history of the city for the last
several year of granting some adjustments to that criteria.
Mayor Lilburn
stated obviously there is a reason we wanted them close and we wanted them to
have a C and D license. Her concern is
why should we treat them any differently.
An RFP is an RFP. She knows we have
some applicants here and she was a little curious as she read one proposal was
five days late with no reasoning.
Councilman Timmer
stated he would follow up with the same question. Would we normally accept an application after the deadline dates?
Community
Development Director Jaquess stated normally we would not but he did in this
case bring it forward for Council’s consideration because one, they are a long
term provider of this service in the city and got a very good report from the
Police Department, who evaluated all of the submittals.
Mayor Lilburn
stated could he define Class A as a regular tow, Class B is a bigger tow.
Community
Development Director Jaquess stated they are all based on the type of vehicle
they had to use to do the equipment. He
would refer to a specific tow company provider to give us a detailed
description of what those different trucks are.
Mayor Lilburn
asked if there are any tow truck companies willing to define the class of C and
D.
City Manager
Hughes stated it is also based on minimum gross vehicle weight as well. Class A
is a minimum of 14,000, Class B is 19,000, Class C is 33,000 and Class D is
50,000.
Mayor Lilburn
stated her concern is we have all these with Class A and Class B but not Class C and D. Are we just giving them the big stuff and not calling them for
the smaller stuff as well?
Mr. Mike Hassan,
Armada Towing, stated he has Class A, B, C and D. Class C and D is the most expensive equipment that you can
have. It has special employees, special
training, special insurance and these trucks cost five to ten times more than a
regular class does. When we were put on
the city’s rotation, we had to comply with Class C and D. He has complied with that and other towers
have. Now typically the rotation they
would call him or Pepe’s for Class C and D, most of the time city vehicles,
fire trucks and school busses to be moved out of the way. Class C and D are on stand by at all
times.
Mayor Lilburn
inquired if they are getting calls for A and B as well.
Mr. Mike Hassan,
Armada Towing, stated yes. To run a
Class C or Class D truck, it also costs about $10,000 to $12,000 a month.
Councilman Timmer
stated yes but you are compensated for that by the higher tow rate for those
larger vehicles.
Mr. Mike Hassan,
Armada Towing, stated that is true but there isn’t a whole lot of volume.
Councilman Timmer
stated historically we have looked at the bulk of the service that we ask for
and most of the tows are A and B, probably 90% to 95%, if not greater than
that. Maybe the alternative is we need
to revise our fee if we don’t want to take any action.
Councilman McCallon
stated one thing he is feeling uncomfortable with is considering the proposal
that was not submitted within the appropriate time when everyone else submitted
it. He feels uncomfortable moving
forward with the particular application.
Mayor Lilburn
stated she recalls two years ago Council accepted an RFP that was late. Why would we take one two years ago and not
one this year?
Councilman Timmer
stated historically we probably did do that as this is a unique issue. Maybe at our next two year cycle we should
look at refining the requests on how we put that together so everyone is on the
same page.
Mayor Pro Tem
Jones stated he has some concerns.
Pepe’s Towing submitted 16 certificates from Workman’s Compensation to
various individuals but we have no certificates of insurance for General
Liability or Auto. Is there a reason
for this? In the RFP there are 16
certificates for Workman’s Compensation coverage to various certificate holders
of which the City of Highland was not one of them.
Pepe’s Towing
stated everything should be up to date.
Our manager probably missed some forms that are being asked for
now. The previous manager is no longer
with the company.
Mayor Pro Tem
Jones stated this concerns him because they all meet the requirements but without
knowing that, you don’t meet the requirements.
The other is JLM Towing. Their
certificate expired on June 30, 2008.
Is there a current one?
Mr. Jose Serrano,
JLM Towing, stated we tow for the CHP and everything has to be updated. He might have made a mistake and put the
wrong one in the package.
Mayor Lilburn
stated it was probably current when we asked for the RFP’s.
City Manager
Hughes stated this item was actually supposed to come to Council back on the
second meeting of June and we ended up not having the meeting so that could be
why.
Mr. Jose Serrano,
JLM Towing, stated when it comes to the Class C and D trucks, we might be a
small company but we do provide the service that is required. It is up to each company to have a Class C
and D because as Armada Towing was saying, they are expensive.
Mr. Mike Hassan,
Armada Towing, stated Class C and D are being provided as free tows to the City
of Highland, Fire Trucks and City Vehicles.
If he has to have C and D and the Highland Fire Department calls and
says one of the trucks broke down, he goes out there, performs a service for
free. Per his RFP contract, he has to
have that truck.
Mayor Lilburn
asked does the RFP call for free services?
Mr. Mike Hassan,
Armada Towing, stated for all city vehicles, it is in the contract. He and Pepe’s have been doing them for the
past six years for free, C and D. Now another tower comes in with A and B, he
doesn’t have to do the free tows if he doesn’t want to do them because C and D
are usually the city vehicles and that’s not fair.
Mayor Lilburn
stated well it is stated in the RFP so it is fair. You have agreed to provide the service, however, we need to do
apples for apples.
Mr. Mike Hassan,
Armada Towing, stated yes it is unfair for him to have it and other towers that
are trying to get on, don’t have it.
Mayor Pro Tem
Jones stated but they would be providing free tows for those classes that they
are towing within. It is fair. In our RFP we have $750,000 per accident,
bodily injury, property damage limit.
He thinks that is extremely low for current conditions today. Many of the tow companies that have applied
have much higher limits than that and this should be raised to meet the current
standards of today yet we will allow tow trucks to operate within this city and
tow vehicles and allow them to get away $750,000. On the “Hook Coverage” which is that vehicle which is in tow on
Class A, our requirement is $50,000.
There are a lot of vehicles today that are a whole lot more than
$50,000. You can take any Mercedes,
Lexus, you know some Expeditions and what this does is it puts the city at risk
for that for which is over that. We
become the secondary insurer that the tow company is the primary with limits of
only $50,000. We are primary on every
single tow that they are doing and that is not acceptable as far as he is
concerned. The same thing on Class
B. It is a $100,000 limit and then you
have $200,000 and $250,000 on C’s and D’s.
Again the importance in C and D is not only is the vehicle required
within that but also any cargo that’s in those vans we are responsible for on
the hook and that limit is way too low.
It is absolutely way too low depending upon the cargo that is involved
in it. Again several of the tow
companies have limits higher than that but he thinks we need to bring this
standard up to a higher limit.
Mr. Mike Hassan,
Armada Towing, stated he has on his insurance package $1 million dollar
coverage.
Mayor Lilburn
stated Mayor Pro Tem Jones was just generalizing in our RFP for what we should
ask for.
Mayor Pro Tem
Jones stated not necessarily Armada Towing.
Under Garage Keeper’s Legal Liability this of course covers any vehicle
while it is in the care/custody and control of the tow company. That would mean that we’re saying the
requirement should be the same as on the “Hook.” If we tow three cars, for instance, that are $65,000 a piece, our
Garage Keepers legal requirement is only $50,000 but we have three cars in
storage that is worth $150,000. We the
City of Highland, are now insuring the storage of those vehicles in that tow
yard which is absolutely unacceptable as far as he is concerned. Again the limits have to be increased to
meet the current standards of what our exposure is and it is far greater than
what we are asking.
Councilman
McCallon asked does our current contract allow for extensions of the existing
contract?
Community
Development Director Jaquess stated there was no provision for that in the
contract language itself.
Councilman
McCallon stated the reason he asks is with all of these concerns about the way
the proposal is, if we could extend the current contracts for a period of time
and then put out a new RFP. It might
address a lot of these issues that have been talked about.
Community Development
Director Jaquess stated you can take a formal action to extend those. They are not automatically extended but a
formal action can be taken to extend the ones that are currently in place.
City Manager
Hughes stated what we could do, per Council direction, is a letter agreement
with the existing providers for a fixed period of time and then we could put it
back out. What would be good is to
bring this item back to the Public Safety Subcommittee and get some input from
the committee. We could do letter
agreements to extend the agreements and attach that to the contract if the City
Attorney is in agreement. This would
buy us some time to put the item back out again.
Mayor Lilburn
stated that is a good idea and she doesn’t mind doing that but if we are going
to change the contract and then we put it out for an RFP, we need to clarify
what we want.
City Manager
Hughes stated in the past staff has presented these items but past Councils
have also tweaked it and added to it as well as allowed some of these things to
occur. If it is the direction of the
Council that you only want A, B, C, D to be able to apply for it then that’s
what it will be. In the past, Council
has allowed these exemptions.
Councilman Timmer
stated part of the rationale was that there is a limited amount of folks out
there. We didn’t want to exclude small
businesses to provide a service to the city so he would think if this is
something we want to look at which is to provide a six month extension while we
put a new one together. We, as a
Council, need to be very careful that we don’t eliminate some small businesses
that have provided services. We need to
make sure we still have the ability to deal with small businesses that have
been providing services to our city, that we update all the current insurance
requirements so there is better protection for our city and those things. He would hate to have a blanket statement
saying we only hire folks that are A, B, C and D certified or who has that type
of equipment. We would be eliminating a
big portion of the business community who has provided a service.
Mayor Lilburn
stated she agrees but we are asking for that in the RFP so she is not sure of
the fixable solution. Maybe this is
something we could address in the Public Safety Subcommittee as to those who do
provide Class C and D.
Mayor Pro Tem
Jones stated he thinks the justification is the fact any of those who have the
full line get in the rotation on a regular basis and they get called on for any
vehicle that is to be towed. Those who cannot tow C and D, they get past over
on any C and D tows and it goes directly to the person who has all of
them. The person who has all of them
could be called five times in a row where the individual who only has A and B
is only going to be called if they are eligible to tow. We have more city vehicles that are not fire
trucks but other types of vehicles.
Councilman Timmer
stated one of the issues that have had a lot of debate is the closeness of the
facilities to Highland. One of the concerns
of an individual Council Member was that if someone has a vehicle towed, they
no longer have a vehicle and now has to go to Fontana or Ontario to pick up
their vehicle. Initially we had said we
wanted their facilities to be in Highland.
Some of the contractors at that time moved their businesses to Highland
to meet the criteria. Then we started
flexing on the criteria and we kind of said do we want to encourage to have
vehicle storage facilities in our city.
Maybe it would be better if they were in San Bernardino but they can’t
be any further than ½ a mile away.
Again, if someone has to pick up their vehicle they won’t have to drive
to Ontario. If we take action, two things
are important, we don’t exclude small businesses and it is written in such a
way that we have a need for all four classes and the other is we still need to
encourage facilities relatively close to Highland.
Mr. Mike Hassan,
Armada Towing, stated regarding the amount of C and D tows that we have gotten
this year so far is two commercial tows since August. Last year he could account for one.
Councilman Timmer
stated to him the solution should be that we only go with A, B and C and
eliminate D. If we need a D tow
requirement, the sheriff calls the next one that they want to help the CHP
with. Maybe that’s the way we should
look at the RFP. If we are only having
two tows a year, do we really need to have that as a requirement in the RFP?
Mayor Pro Tem
Jones stated Councilman Timmer is assuming the fact that the vehicle will be on
a freeway as opposed to a city street.
Councilman Timmer
stated no, because they still have to meet CHP standards. In fact, we adopted the same standards for
our city.
Mayor Lilburn
stated she thinks it is still worthy of a review of the contract language and
if nothing else for an update.
Councilman Timmer
stated if we are going to look at trying to meet some of these concerns, it
won’t be done in one meeting.
Mayor Lilburn
stated she has no speaker slips in favor or opposition, therefore, she will
close the public hearing.
Councilman Timmer
stated initially when he read the proposals and before some of the issues came
up, his initial reaction was let’s go with the same providers that we have now
since they have been providing a good service with the exception of Pepe’s
because they did not adhere to our requirements as far as providing information
in a timely manner. However, he thinks
some other issues have now surfaced and the one that really bothers him is the
liability issues that the city could be taking on and maybe we don’t want to do
that. So, maybe we would want to do a
letter to each of the current providers extending the services for six months
or some period of time to give the right committee some time to come up with
these issues.
Mayor Lilburn
asked if the motion is to send a letter to the current providers with the
extension of six additional months? Is
that including Pepe’s?
Councilman Timmer
stated yes because they are a current provider.
Mayor Lilburn
stated and then further discussion back to review for further draft of the
contract with the Public Safety Subcommittee.
Councilman Timmer
stated he thinks it should include additional things like if they don’t get the
paperwork in on time as a complete package, they are excluded from the
process. This should be in the Request
for Proposal, just like we do with bids.
If the bid doesn’t come in on time, we don’t accept it.
Mayor Lilburn
stated but that should be in the letter of extension of their contract. We are going to extend it for six additional
months but you must provide this and this and this.
City Manager
Hughes stated it should be in the RFP.
Councilman Timmer
stated we would indicate in the letter that hopefully within six months we
would have a Request for Proposal out and you would have to address those
issues and the RFP would include all those characteristics.
A MOTION
was made by Councilman Timmer, seconded by Councilman McCallon, to prepare a
6-month extension letter to all current tow company providers and for the
current contract language to be reviewed by the Public Safety
Subcommittee. Motion carried, 4-0, with
Councilwoman Scott being absent.
13. Cancel
Public Hearing for Adjustment of Commercial Solid Waste Rates
Mayor Lilburn
opened the public hearing.
City Manager
Hughes stated staff is requesting this item be canceled and for it to be
re-advertised at a future Council meeting.
Mayor
Lilburn closed the public hearing.
A MOTION
was made by Councilman McCallon, seconded by Mayor Pro Tem Jones, to cancel the
public hearing for adjustment of commercial solid waste rates. Motion carried, 4-0, with Councilwoman Scott
being absent.
14. Consolidated
Landscape and Lighting District 96-1 Annual Report (Fiscal Year 2008-09)
Mayor Lilburn opened
the public hearing.
City Engineer
Wong stated this is the annual protest hearing for assessment for maintenance
of parks, trails, parkway and median landscaping and also street lights. Staff
did not receive any written or verbal protests on the proposed assessment rates
and staff recommends that Council confirm the approval of the engineer’s report
and the levying of the assessment.
Mayor Lilburn
stated she has no speaker slips in favor or opposition, therefore, she will
close the public hearing.
A MOTION
was made by Mayor Pro Tem Jones, seconded by Councilman Timmer, to approve
Resolution No. 20008-037 ordering the continued maintenance of improvements in
the Consolidated Landscape and Lighting District No. 96-1, confirming the
Engineer’s Report and levying the assessment for fiscal year 2008-09. Motion carried, 4-0, with Councilwoman Scott
being absent.
RESOLUTION NO. 2008-037
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HIGHLAND
ORDERING THE CONTINUED MAINTENANCE OF IMPROVEMENTS IN
THE CONSOLIDATED LANDSCAPE AND LIGHTING DISTRICT NO.
96-1
AND CONFIRMING THE ENGINEER’S REPORT AND
LEVYING THE
ASSESSMENT FOR FISCAL YEAR 2008-09
15. Street
and Drainage Maintenance District 96-1 Annual Report (Fiscal Year 2008-09)
Mayor Lilburn
opened the public hearing.
City Engineer
Wong stated similarly this is the protest hearing for the street and draining
maintenance district. Staff recommends
approval of the engineer’s report and levying of the assessment.
Mayor Lilburn
stated she has no speaker slips in favor or opposition, therefore, she will
close the public hearing.
A MOTION
was made by Mayor Pro Tem Jones, seconded by Councilman Timmer, to approve
Resolution No. 2008-038 ordering the continued maintenance of improvements in
the Street and Drainage Maintenance District 96-1, confirming the Engineer’s
Report and levying the assessment for fiscal year 2008-09. Motion carried, 4-0, with Councilwoman Scott
being absent.
RESOLUTION NO. 2008-038
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND
ORDERING THE CONTINUED MAINTENANCE OF IMPROVEMENTS
IN THE STREET AND DRAINAGE MAINTENANCE DISTRICT NO.
96-1
AND CONFIRMING THE ENGINEER’S REPORT
AND LEVYING THE ASSESSMENT FOR FISCAL YEAR 2008-09
CITY COUNCIL/REDEVELOPMENT AGENCY
LEGISLATIVE
16. Proposed
Contract Amendment with the County of San Bernardino for Animal Care and
Control Services from July 1, 2008 to June 30, 2009
Community
Development Director Jaquess gave a brief review of the staff report.
Councilman Timmer
stated in reference to the SB 90 dollars, the state has sometimes taken those
monies out of the budget and on the expanded program there is a reference.
Will we be doing both areas at one time or doing them separate?
Community
Development Director Jaquess answered they have stated they will do half the
city one year and half the city the following year.
Councilman Timmer
asked do we, as a city, choose which half is done first? Historically we have wild running dogs more
frequent on the west side rather than on the east side. He would suggest doing the west side
first. We need to adjust the map as it
includes parts of San Bernardino.
Mr. Brian Cronin,
Division Chief of Animal Care and Control for San Bernardino County stated, we
have recommended the dog licensing program for some time. We do feel the primary emphasis is to
encourage spay and neutering of the pets.
The city has taken the first step in trying to consider a canvassing
project. We do believe you should not
target just one section of the city and have a mix within the city to have the
results for revenue. Our proposal is to
target prospective areas in the city.
Councilman Timmer
asked if we could do both areas at the same time or parts of those areas at the
same time to have a unified approach that would be ideal.
Mayor Lilburn
inquired if costs for services were going down.
Mr. Brian Cronin,
Division Chief of Animal Care and Control for San Bernardino County, stated no,
they are actually going up. The number
of service calls in the city has increased significantly over the past
year. We actually had 900 additional
calls for service in 2007-2008 compared to 2006-2007. The time spent in Highland has actually increased. We hope through our dog licensing canvassing
program we will have a higher visibility in the community and hope to address
the increased costs.
A MOTION was made by Councilman McCallon, seconded by Mayor
Pro Tem Jones, to approve the contract amendment with the County of San
Bernardino for Animal Care and Control services from July 1, 2008, to June 30,
2009, in the amount of $483,745; authorize the Mayor and City Clerk to execute
the appropriate documents; and authorize staff to continue to work with the
County to establish a Joint Powers Authority for the East Valley cities for
Animal Care and Control and Shelter Services.
Motion carried, 4-0, with Councilwoman Scott being absent.
17. Ad
Hoc Committee Report on Consultant Update on Specific Plan Proposals for the
Orange County Flood Control Property Southeast of the Seven Oaks Dam
City Manager
Hughes gave a brief review of the staff report.
Mayor Pro Tem
Jones stated the meeting went well with Orange County addressing their concerns
and the City of Highland addressing our concerns. An understanding was established of our design of this property
being one of the last developments that we will ever have to deal with in the
city. We have concerns that it not
become a tax on the city that the city has to provide all the services to this
community at a cost to the city itself as opposed to the project being
developed and designed in such a way that it will bring commercial jobs which
will help offset the exposure. In order
to get to this level, we discussed the process of having a developer involved
from the very beginning as opposed to being brought in at a later date. In doing so, the developer would be one that
would have a commitment both financially and to the community.
Councilman
McCallon stated we did discuss the fact that we thought the best thing for this
project is to have a developer involved from the beginning. We want a project that includes jobs,
retail, housing, maybe a self contained community. It is apparent in the discussion with Orange County that one of
their primary concerns is to try to use the existing procurement process that
they have gone through. They proposed a
six month envisioning process and a developer could get involved later in the
process as a way of salvaging their current procurement. He does not support this. He thinks we, as a Council, need to let the
Orange County policy makers know clearly that we want a developer involved in
this project from the beginning. If
they cannot do this in the current procurement package, we would request
another one to achieve what we are looking for.
Mayor Pro Tem
Jones stated we have to understand that this particular community actually sits
seven miles from here. It amends itself
to a design standard that will include the commercial and other businesses that
are necessary to operate it as well as the services of police, fire and other
public services that will be necessary.
Mayor
Lilburn stated it seems Orange County wants our direction and our concerns in writing following this meeting and she wants
to thank both members of the Ad Hoc for
their time.
A MOTION
was made by Councilman McCallon, seconded by Mayor Pro Tem Jones, to issue a
statement to Orange County Board of Supervisors stating City Council wants to
clearly communicate the fact we are not in favor of the six month vision
process. The City Council wants a
developer led effort and this cannot be done within their current procurement
activity then we will issue another Request for Proposals. Motion carried, 4-0, with Councilwoman Scott
being absent.
18. Second Reading of Ordinance No. 327
Authorizing Notification to the Department of Housing and Community Development
for the Cancellation of Enforcement Responsibility for the Mobile Home Parks
Act and the Special Occupancy Parks Act
Community
Development Director Jaquess gave a brief review of the staff report.
A MOTION
was made by Councilman McCallon, seconded by Councilman Timmer, to adopt the
second reading of Ordinance No. 327 to notify the Department of Housing and
Community Development to cancel the city enforcement responsibility for the
Mobile Home Parks Act and the Special Occupancy Parks Act. Motion carried, 4-0, with Councilwoman Scott
being absent.
ORDINANCE
NO. 327
AN ORDINANCE OF THE CITY OF HIGHLAND, CALIFORNIA, AMENDING SECTION 8.16.010 OF THE HIGHLAND MUNICIPAL CODE AUTHORIZING NOTIFICATION TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR THE CANCELLATION OF ENFORCEMENT RESPONSIBILITY FOR THE MOBILEHOME PARKS ACT (HEALTH AND SAFETY CODE SECTION 18200 ET SEQ.) AND THE SPECIAL OCCUPANCY PARKS ACT (HEALTH AND SAFETY CODE SECTION 18860 ET SEQ.)
19. Update
on SANBAG, SCAG, Omnitrans, Work Program and Regional/Legislative
Issues/Development Issues/Subcommittees/AB 1234 Updates
Councilman
McCallon stated SCAG will have workshops for the proposed Regional
Comprehensive
Plan on August 1, 2008.
Councilman Timmer
stated he attended the Muni Advisory Commission Meeting along with Councilwoman Scott. They spoke about how to acquire additional
waters since the state water allocation
is being severely cut and how the aquifers are going down.
20. San
Bernardino International Airport Authority and IVDA
None
ANNOUNCEMENTS
Monday, July 28, 2008 Blood Drive at Community Center
Monday, July 28, 2008 Ed Begley, Jr., and Environmental
Issues at the Community Center
Friday, August 1, 2008 Volunteer
Recognition Dinner at Community Center
CLOSED SESSION
At
7:46 p.m., the City Council and Redevelopment Agency convened into closed session regarding the following:
CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION
Subject
to Government Code Section 54956.9 (a)
City
of Highland vs. McCarty et al
San
Bernardino Superior Court Case Number SCISS130282
At
8:05 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 8:07 p.m.
Submitted by: Approved
by:
____________________________ _________________________________
Betty Hughes, CMC Penny
Lilburn
City Clerk Mayor
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