MINUTES

REDEVELOPMENT AGENCY AND CITY COUNCIL

REGULAR MEETING

OCTOBER 28, 2008 - 6:00 p.m.

CALL TO ORDER

The regular meeting of the City Council and Redevelopment Agency of the City of Highland was called to order at 6:01 p.m. Mayor Lilburn at the Donahue Council Chambers, 27215 Base Line, Highland, California.

The invocation was given by Reverend Jonathan Jones of Immanuel Baptist Church 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 Mr. James McCombs with a proclamation expressing City Council’s appreciation for his humanitarian work in the community.

COMMUNITY INPUT

Ms. Amy Arunsri stated she is the owner of the Double Dish Thai restaurant on Base Line. She is asking Council’s cooperation in allowing her to place her business sign on a pole as other businesses in the area have done. She has been informed that this type of signage is against city code which she does not understand since other businesses have signs on poles. The city has requested for her to construct a monument sign for her business. This monument will only create a great deal of graffiti.

Councilman Timmer stated the city ordinance states if the business is abandoned for a period of time, 180 days, then the business has to meet the new codes.

Councilwoman Scott stated in this business neighborhood she has to agree that this is not a location for a monument sign.

Community Development Director Jaquess stated the sign is contrary to code. It was nonconforming and it lost its non-conforming status. The property owner did not take down the pole but only removed the actual sign.

Ms. Amy Arunsri stated yes, the pole and the base are still in place.

Community Development Director Jaquess stated if the Council chooses to make changes to the ordinance then that is the appropriate course of action. City Planner Mainez will be contacting Ms. Arunsri regarding this issue.

A MOTION was made by Mayor Pro Tem Jones, seconded by Councilman Timmer, to add an additional item regarding the landscape plan for Highland Crossings frontage along Greenspot Road. Motion carried, 5-0.

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, 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 - September 23, 2008 City Council Regular Meeting

Approved Minutes as submitted.

3. Minutes - September 23, 2008 RDA Regular Meeting

Approved Minutes as submitted.

4. Claim Consideration - Christina Quayle

Rejected claim.

5. Warrant Register

Approved Warrant Register No. 471 for October 28, 2008, in the amount of $1,125,236.69 and Payroll of $71,571.98.

6. Treasurer’s Report for September 2008

Received and filed Treasurer’s Report for September 2008.

7. Easement Acceptance/Tract 16914 (Toll Land XXIII L.P.)

1. Accepted the Grant of Easement for emergency access purposes from San Bernardino County Flood Control District; and

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

8. Easement Acceptance/Rogers Street Sidewalk Project

1. Accepted the Grant of Easement for Road and Drainage Purposes from Filimon and Rosalina Galvez; and

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

9. Easement Acceptance/9th Street Sidewalk Improvements

1. Accepted the Grants of Easement for Road and Drainage Purposes from Walter D. Swoboda, Ky Banh and Kieu Trinh, and Joe H. Harkey; and

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

10. Bid Award – Bid No. 2008-13 “Ninth Street Improvement Project”

Awarded the contract for Bid No. 2008-13 “Ninth Street Improvement Project” to Ortiz Asphalt Paving, Inc.

11. Selection of an Event Date and Budget for the Thirteenth Annual Citrus Harvest Festival

1. Selected March 28, 2009, as the event date for the Thirteenth Annual Citrus Harvest Festival with a rain date of April 4, 2009; and

2. Approved the draft budget.

12. Notice of Completion – Bid No. 2008-03 “Pacific Street Article III Sidewalk, Cunningham Street SR2S and RDA ADA Ramps”

1. Accepted Bid No. 2008-03 “Pacific Street Article III Sidewalk, Cunningham Street SR2S, and RDA ADA Ramps” as complete;

2. Authorized the Mayor to sign the Notice of Completion; and

3. Directed the City Clerk to file the Notice of Completion.

13. Health and Safety Code Section 33334.3(d)

Found the planning and administrative expenses are necessary for the production, improvement or preservation of low and moderate income housing.

CITY COUNCIL/REDEVELOPMENT AGENCY LEGISLATIVE

14. Ordinance No. 335 Establishing a Fee and Service Charge Revenue/Cost Comparison System and Resolution No. 2008-050 Establishing a Schedule of Fees and Charges for City Services

A MOTION was made by Councilman McCallon, seconded by Mayor Pro Tem Jones, to adopt Ordinance No. 335 establishing a fee and service charge revenue/cost comparison system and adopt Resolution No. 2008-050 establishing a schedule of fees and charges for City services. 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.

RESOLUTION NO. 2008-050

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA, ESTABLISHING A REVISED SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES

15. Negotiation Agreement with ACAA Limited Partnership to Secure 55-year Affordable Housing Covenants on 58 units at the Base Palm Apartments

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

Councilman Timmer stated this is one of the issues this Council took position on a long time ago, to take existing housing stock and refurbish, upgrade the houses to meet state redevelopment requirements and make them affordable housing.

A MOTION was made by Mayor Pro Tem Jones, seconded by Councilman McCallon, to approve the negotiation agreement as amended with the change of agency address. Motion carried, 5-0.

16. Appointment to the Design Review Board

City Clerk Hughes opened the floor for nominations.

Councilman McCallon nominated Mr. Huynh.

Councilwoman Scott nominated Mr. Michael Stoffel.

City Clerk Hughes closed the floor and called for the vote.

Mr. Huynh received one vote.

Mr. Stoffel received four votes.

Mr. Michael Stoffel was appointed to serve as a member of the Design Review Board.

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

City Manager Hughes stated regarding the Redlands School District and the desire to set up a meeting with the City Council and the school board to discuss current events. Also to re-establish the Ad Hoc for County schools to deal with the location of a county school.

Mayor Lilburn appointed Mayor Pro Tem Jones and Councilman McCallon to be members of the County Schools Ad Hoc.

City Manager Hughes stated staff has received a request to hear the Bell Bar issue regarding their liquor license. It is being scheduled as a Public Hearing at the next Council meeting on November 12, 2008.

18. San Bernardino International Airport Authority and IVDA

None

19. Landscape plan for Highland Crossings frontage along Greenspot Road

Community Development Director Jaquess stated this item was heard by the Design Review Board. The Design Review Board has decided not to approve the requested changes to the landscape plan that had been submitted for their consideration. The landscape is for the area of the parkway between the curb and the parking lot in front of the Lowe’s Shopping Center. The requested changes were to revise the size of the trees and the bushes. Trees for the most part were changed from 24” box trees to 15-gallon trees and plants were changed from 5-gallon bucket can to a 1-gallon can for the bushes and shrubs. Staff made a recommendation that is part of the package that was handed out today. The recommendation is for a couple of areas where the trees to be maintained at a larger size near some entrances to the project and that plants in front of a driveway of one of the buildings should be kept at the 5-gallon size rather than the 1-gallon size. The applicant had agreed to those changes but the Design Review Board felt it was inappropriate to make changes in the landscaping plan.

Councilman McCallon stated the recommendation that staff made was requested by the applicant.

Community Development Director Jaquess stated correct and all of the trees were already approved in the original plan, it is not a change in the type of tree, it is just a change in size.

Councilman Timmer asked did the initial plan have what the Design Review Board approved or did they change initial landscaping plans?

Community Development Director Jaquess stated no the applicant submitted the landscaping plan which the Design Review Board reviewed and approved without change.

A MOTION was made by Councilman McCallon, seconded by Mayor Pro Tem Jones, to approve staff’s recommendation for landscape plans as submitted. Motion carried, 5-0.

ANNOUNCEMENTS

City Council Meeting Wednesday, November 12, 2008 at 6:00 p.m.

League of California Cities Dinner Meeting November 20, 2008

CLOSED SESSION

At 6:47 p.m., the City Council and Redevelopment Agency convened into closed session regarding the following:

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: Joseph 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.

At 6:55 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 6:57 p.m.

Submitted by: Approved by:

____________________________ _________________________________

Betty Hughes, CMC Penny Lilburn

City Clerk Mayor

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