MINUTES

REDEVELOPMENT AGENCY AND CITY COUNCIL

REGULAR MEETING

OCTOBER 14, 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 6:04 p.m. by Mayor Lilburn at the Donahue Council Chambers, 27215 Base Line, Highland, California.

The invocation was given by Reverend Todd Barnett of Immanuel Baptist Church and the pledge of Allegiance was led by Councilwoman Scott.

ROLL CALL

Present: Jones, McCallon, Scott, Timmer, Mayor Lilburn

Absent: None

SPECIAL PRESENTATIONS

None

COMMUNITY INPUT

None

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 with the exception of Item #5 and Item #22 being pulled for further discussion. Motion carried on a roll call vote, 5-0, with Councilman McCallon abstaining from Item #2, Item #3 and Item #4 and with Councilman Timmer abstaining from Item #4.

1. Waive the Reading of All Ordinances

Waived the reading of all Ordinances in their entirety and read by title only.

2. Minutes - August 12, 2008 City Council Regular Meeting

Approved Minutes as submitted.

3. Minutes - August 12, 2008 RDA Regular Meeting

Approved Minutes as submitted.

4. Minutes - August 20, 2008 City Council Special Meeting

Approved Minutes as submitted.

6. Minutes - September 9, 2008 RDA Regular Meeting

Approved Minutes as submitted.

7. Claim Consideration - Stacey McCombs

Rejected claim.

8. Claim Consideration - Jhawar, Victoria Services dba ARCO Gas Station

Rejected claim.

9. Warrant Register

Approved Warrant Register No. 470 for October 14, 2008, in the amount of $1,624,055.42 and Payroll of $72,807.91.

10. Treasurer’s Report for August 2008

Received and filed Treasurer’s Report for August 2008.

11. Declaration of Three (3) Vacancies on the Community Trails Committee

1. Declared three (3) seats vacant on the Community Trails Committee; and

2. Directed the City Clerk to advertise the vacancies on the Committee.

12. Declaration of Three (3) Vacancies on the Historic and Cultural Preservation Board

1. Declared three (3) seats vacant on the Historic and Cultural Preservation Board; and

2. Directed the City Clerk to advertise the vacancy on the Board.

13. Award of a Professional Services Contract to Conceptual Design & Planning Company (CD&PC) for Preparation of Detailed Design and Construction Landscape Plans for the Greenspot Road Corridor Median between the 210 Freeway and Boulder Avenue in the Golden Triangle Area

Awarded a Professional Services Contract to CD&PC for preparation of Detailed Design and Construction Landscape plans for the Greenspot Road Corridor Median between the 210 Freeway and Boulder Avenue in an amount not-to-exceed $66,500 upon review and approval by the City Attorney.

14. Resolution No. 2008-048 Amending Resolution No. 2003-048 Setting Forth the Administrative Citation Schedule of Fines and Penalties for Certain Violations of the Highland Municipal Code and State Codes

Adopted the Resolution No. 2008-048 amending Resolution No 2003-048 setting for the administrative citation schedule of fines and penalties for certain violations of the Highland Municipal Code and State Codes.

RESOLUTION NO. 2008 - 048

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA, SETTING FORTH THE ADMINISTRATIVE CITATION SCHEDULE OF FINES AND PENALTIES FOR CERTAIN VIOLATIONS OF THE HIGHLAND MUNICIPAL CODE AND STATE CODES

15. Notice of Completion for Project Entitled “Highland Library and Environmental Learning Center

1. Authorized the Mayor to sign the Notice of Completion for the project entitled “Highland Library and Environmental Learning Center;

2. Directed the City Clerk to record the Notice of Completion with the San Bernardino County Recorders Office; and

3. Authorized staff to release 10% retention funds from the recordation of the Notice of Completion.

16. Easement Acceptance/Bruce Street Sidewalk Project

1. Accepted the Grants of Easement for Road and Drainage purposes form the property owners listed in the staff report; and

2. Directed the City Clerk to record the Grant of Easement.

17. Easement Acceptance/9th Street Sidewalk Improvements

1. Accepted the Grant of Easement for Road and Drainage Purposes from Gary Carter; and

2. Directed the City Clerk to record the Grant of Easement.

18. Easement Acceptance/9th Street Sidewalk Improvements

1. Accepted the Grants of Easement for Road and Drainage Purposes from Dorothy J. Graziano, Maria D. Lopez, and Earl and Diane Haney; and

2. Directed the City Clerk to record the Grant of Easement.

19. Easement Acceptance/TREH-Partners (CUP 007-003/Highland Crossings)

1. Accepted the Grant of Easement for Road and Drainage Purposes from San Bernardino County Flood Control District; and

2. Directed the City Clerk to record the Grant of Easement.

20. Easement Acceptance/Church Avenue Sidewalk Project (Chemical Commodities Agency, Inc.)

1. Accepted the Grant of Easement for Road and Drainage Purposes from Chemical Commodities Agency, Inc.; and

2. Directed the City Clerk to record the Grant of Easement.

21. Award of Bid Number 2008-14 “ELC Outdoor Furniture” for the Highland Sam Racadio Library and Environmental Learning Center to Landscape forms

Awarded Bid Number 2008-14 “ELC Outdoor Furniture” for the Highland Sam Racadio Library and Environmental Learning Center to Landscape forms.

ITEMS REMOVED FROM THE CONSENT CALENDAR

5. Minutes - September 9, 2008 City Council Regular Meeting

Councilwoman Scott stated minutes are not being compiled accurately. Portions of important information are being left out including dates and detailed information.

A MOTION was made by Councilwoman Scott, seconded by Councilman McCallon, to approve the Minutes as submitted. Motion carried, 5-0.

22. No Parking on Base Line Outer Highway from Seine Avenue to Pluto Street

Councilwoman Scott stated she was not aware of this item being brought before the Public Safety Subcommittee. She has received complaints regarding this item as well.

A MOTION was made by Councilwoman Scott, seconded by Councilman McCallon, to adopt Resolution No. 2008-049 establishing a No Parking Zone on Base Line Outer Highway from Seine Avenue to Pluto Street and for the item to be brought back to the Public Safety Subcommittee for further discussion. Motion carried, 5-0.

RESOLUTION NO. 2008 - 049

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF HIGHLAND ESTABLISHING A

NO PARKING ZONE ON A PORTION OF STONEY CREEK DRIVE

SOUTH OF PLUTO STREET

AND RESCINDING RESOLUTION NO. 2008-009

CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING

23. Ordinance No. 335 Establishing a Fee and Service Charge Revenue/Cost Comparison System and Resolution No. 2008- Establishing a Schedule of Fees and Charges for City Services

Mayor Lilburn opened the public hearing.

Director of Administrative Services Dantuono gave a brief review of the staff report.

Councilwoman Scott stated she has concerns with the service being provided by Animal Control. Dogs are running rampant in her neighborhood and she has reported it many times.

Councilman Timmer stated we have taken action on Animal Control Services. This item is pertaining to establishing fees which we have agreed upon.

Councilwoman Scott stated she understands although the fees are not enough to cover our contract with Animal Control. She does not see what services are being done for their contract.

Mayor Lilburn stated she has not received any speaker slips in favor or opposition. Hearing none she will close the public hearing.

A MOTION was made by Councilman McCallon, seconded by Mayor Pro Tem Jones, to introduce Ordinance No. 335 establishing a fee and service charge revenue/cost comparison system. Motion carried, 5-0.

City Clerk Hughes introduced Ordinance No. 335:

ORDINANCE NO. 335

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA, AMENDING CHAPTER 2.36 (“FEES AND SERVICE CHARGES”) OF THE HIGHLAND MUNICIPAL CODE TO PROVIDE ADDITIONAL CATEGORIES OF FEES AND CHARGES, AND TO UPDATE AND AMEND OTHER PROVISIONS AS APPROPRIATE

which title was read.

CITY COUNCIL/REDEVELOPMENT AGENCY LEGISLATIVE

24. Second Reading for Ordinance No. 333 Relating to the Adoption of the 2007 California Fire Code and Local Amendments, Repealing Ordinance No. 282

A MOTION was made by Councilman Timmer, seconded by Mayor Pro Tem Jones, to approve the second reading of Ordinance No. 333 for the 2007 California Fire Code with amendments. Motion carried, 5-0.

City Clerk Hughes introduced Ordinance No. 333:

ORDINANCE NO. 333

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA, ADOPTING AND AMENDING THE 2007 EDITION OF THE CALIFORNIA FIRE CODE, REPEALING ORDINANCE NO. 282

which title was read.

25. Second Reading of Ordinance No. 334 for the Adoption and Enforcement of the Disaster Safety Assessment Placards

A MOTION was made by Councilman McCallon, seconded by Mayor Pro Tem Jones, to approve the second reading and adopt the use of Post-Disaster Safety Assessment Placards that are placed on buildings or structures to notify owners, tenants and the general public. The ordinance also identifies the rules and penalties associated with Post-Disaster Safety Assessment Placard postings. Motion carried, 5-0.

City Clerk Hughes introduced Ordinance No. 334:

ORDINANCE NO. 334

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA, ADDING TO TITLE 15, CHAPTER 15.56 OF THE HIGHLAND MUNICAPAL CODE, RELATING TO PLACARDS USED TO DENOTE CONDITIONS RELATING TO CONTINUED OCCUPANCY OF BUILDING

which title was read.

26. Tow Rotation Contract Requirements and Request for Proposals Criteria

Community Development Director Jaquess gave a brief review of the staff report.

Councilwoman Scott asked what type of insurance coverage do our current tow companies have?

Community Development Director Jaquess stated they are a little different from one another. Most of them have greater amounts than what is required as the minimum.

Councilwoman Scott asked by increasing the insurance coverage will not put them out of reach?

Community Development Director Jaquess stated most of them have tow obligations with the California Highway Patrol and the Sheriff’s Department. These requirements are consistent with those requirements. The second issue was the tow yard location. The current Request for Proposals refers to a standard of 1.5 miles from the city limits as the maximum. This was to provide a 20 minute response time and also limit the distance the city residents would have to travel to pick up their vehicles. Four of the companies meet these requirements and one company, which had been approved, is at 2.1 miles from the city limits. All new applicants exceeded the 1.5 miles from city limits. The third issue was in reference to whether the tow services need all four classes: A, B, C and D. Three of the current five have full service tow operations. Of the new additional serviced applying, two are full service and one is class A and B only. The fourth issue is whether or not the city wants to establish a maximum number of tow companies on the rotation.

Mayor Pro Tem Jones stated the main concern is the service to our city, the service to our police and fire and others, which means an ability to respond within a 20 minute period of time which is the requirement under the contract. The mileage is not an important criteria as much as the response time.

Councilman Timmer stated he has a concern with the time being a stressed point because then the drivers will possibly break speed limit laws to meet the time criteria. The system seems to be working. Why would we want to change it?

Councilman McCallon stated the response time is important but it is also important for our residents not to have to go further away to pick up their vehicles. This is why the 1.5 mile requirement was put in place. We have categories of A, B, C and D.

Which do we actually need?

Community Development Director Jaquess stated at some time or another we will need all of the categories to do specific tows. Most common are Class A and Class B cars.

A MOTION was made by Councilman McCallon, seconded by Councilwoman Scott, to extend the current contract requirements with modified rates and with the increase of the insurance requirements. Motion carried, 5-0.

27. Update on SANBAG, SCAG, Omnitrans, Work Program and Regional/Legislative Issues/Development Issues/Subcommittees/AB 1234 Updates

Councilman McCallon stated SANBAG is currently preparing a plan to execute the Measure I Extension 2010 – 2040 funds. One point currently being spoken about is the Valley Freeway Interchange prioritization list. We have a couple of interchanges in the City of Highland which are SR210/Base Line and SR210/Fifth Street. It is interesting to note under the criteria that is being developed which is the most cost effective use of the monies. Looking at vehicle hours in delay have been measured at each intersection, looking at project costs dividing into vehicle hour delays or not to divide it by the total project cost but by the Measure I dollars that are required. Based on the prioritization table, the SR210/Base Line is listed as Number 2 in both methods of calculations. SR210/Fifth Street is listed as Number 20 and Number 21. Measure I monies will not pay for all the projects, therefore, cities will have to raise funds using other methods. SANBAG is also authorizing the expenditure of funds to conduct a toll feasibility study. The screening criteria used three categories: projects revenue potential, project up front and on going costs and projects ability to be delivered quickly and out of that there were two identified. One was the I10 LA County line to Riverside county line where a toll feasibility study was conducted for the conversion of 1 HOV lane to a HOT lane in each direction from the LA county line to the I15 and the construction of multiple HOT lanes in each direction from the I15 to the Riverside county line. The other is the I15 Riverside county line to the future High Desert Corridor.

Council attended the League of California Cities Annual Conference in Long Beach. He was the voting delegate and managed to get the most objectionable change to the bylaws removed. It was taken out of the amendment resolution. It dealt with providing the caucuses with seats on the Board. We were also able to change the dues portion of the resolution to remove the objectionable language which stated if the Department of Finance did not leave a formula the League could be decided upon by the Board of Directors.

Mayor Lilburn stated Omnitrans has had an increase in ridership within the past two months.

28. San Bernardino International Airport Authority and IVDA

Mayor Pro Tem Jones stated the airport is moving along with the construction of the terminal. All gates have been installed and are in the finishing stages. A commuter airline is flying out of San Bernardino International. They are flying between San Bernardino and Laughlin, Nevada.

ANNOUNCEMENTS

Wednesday, November 12, 2008 City Council Meeting

CLOSED SESSION

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Pursuant to Government Code Section 54956.8 regarding the following properties:

Property: APNs 1201-361-04, 05, 24, 25

Negotiating parties: Joseph Hughes, City of Highland

Bank Midwest

Under negotiation: Instruction to City’s negotiator concerning price and terms of payment.

CONFERENCE REAL PROPERTY NEGOTIATORS

Pursuant to Government Code Section 54956.8 regarding the following property:

Property: 28031 5th Street/Greenspot Road - APN 1201-341-14

Negotiating parties: Joe Hughes, City of Highland

Alexander R. Tobin and Marie E. Tobin, Trustees, Alexander R. Tobin and Marie E. Tobin Revocable 1990 Trust, or their designee.

Under negotiation: Instructions to negotiators concerning price.

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Pursuant to Government Code Section 54956.8 regarding the following property:

Property: APN 278-111-13

Negotiating parties: Joseph Hughes, City of Highland

Mark S. Adams for Ralph A. and Tressia M. Coiner (deceased)

Under negotiation: Instruction to City’s negotiator concerning price and/or terms of payment.

ADJOURN

There being no further business, Mayor Lilburn adjourned the meeting at 7:51 p.m. in memory of Allon Green, Barnard Wilson and April Maher.

Submitted by: Approved by:

____________________________ _________________________________

Betty Hughes, CMC Penny Lilburn

City Clerk Mayor

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