MINUTES
REDEVELOPMENT AGENCY AND CITY
COUNCIL
REGULAR MEETING
DECEMBER
9, 2008 - 6:00 p.m.
CALL TO ORDER
The regular meeting of the City
Council and Redevelopment Agency of the City of
The invocation was given by Reverend
Wayne Reynolds of
ROLL CALL
Present: Jones,
McCallon, Scott, Timmer, Mayor Lilburn
Absent: None
SPECIAL
PRESENTATIONS
Mayor
Lilburn presented Mr. Jose Tacal with a proclamation for his dedicated service
to the community of
COMMUNITY INPUT
Mr. Fred Timms stated he would like some guidance with
a situation he has at the property adjacent to his. His residence is adjacent to the
Cloverhill/EVWD water pumping station.
The situation is young people are loitering on this property consuming
alcohol and doing drugs. His concerns
are the fire safety aspects of these young people being there as the hill is
covered with dry brush. He is suggesting
a sign be posted stating private property or fire hazard conditions.
Mayor Lilburn stated this item will be referred to the
Public Safety Subcommittee and be placed on the agenda for further discussion
and recommendations.
Mr. Al Newman stated he is the Vice Chairperson of YMCA
in
City Manager Hughes stated
he would like the Council to consider an item to be added to the agenda; a
Closed Session item.
A MOTION was made
by Councilman Timmer, seconded by Mayor Pro Tem Jones, to add an additional
item to Closed Session. Motion carried,
5-0.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION 54956.9(a)
Town of
SWEARING IN
OF NEWLY APPOINTED COUNCIL MEMBERS
1. Appointment of Mayor and Mayor Pro
Tem for 2008/09
City Clerk Hughes performed the
swearing in of the newly appointed Council Members, Penny Lilburn and John
Timmer, for a four year term.
Councilman Timmer nominated Penny
Lilburn for Mayor.
Councilwoman Scott seconded the nomination
of Penny Lilburn for Mayor.
City Clerk Hughes called for any
other nominations. Hearing none she
closed the floor for nominations.
Councilwoman Scott nominated Ross
Jones for Mayor Pro Tem.
Mayor Lilburn closed the floor for
nominations of Mayor Pro Tem.
2. Subcommittee and Agency Appointments
Mayor Lilburn stated she would like to move this item to another agenda. She would like to have input from Council Members as to which committees they would like to serve on.
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.
3. Waive
the
Waived
the reading of all Ordinances in their entirety and read by title only.
4. Warrant
Register
Approved Warrant Register No. 474 for December 9, 2008, in
the amount of $490,910.45 and Payroll of $72,090.10.
5. Claim Consideration – Apolinario
Cabanatan
Rejected claim.
6.
Declaration of One (1) Vacant Seat on the Design Review Board
1.
Declared
one (1) seat vacant on the Design Review Board; and
2.
Directed
the City Clerk to advertise the vacancy pursuant to the Maddy Act.
7.
Agreement with Jeff T. Grange, MD, for Medical Director Services to the
Fire Department Paramedic Program
Approved
the agreement with Doctor Grange to provide Medical Director services
to the Fire Department.
8.
Semi-Annual Report on the Processing of Applications per the City
Council’s “Come Home to Highland” Program and Policies for the period of July
1, 2008 to December 1, 2008
Received
and filed the report.
9.
Bid Award – Bid No. 2008-16 “Emergency Vehicle Pre-Emption Installation
on
1.
Accepted
the bid withdrawal request submitted by CSI Electrical Contractors, Inc., due
to an error with calculation of their bid; and
2.
Awarded
the contract to the second lowest bidder, AK Engineering of San Bernardino, in
the amount of $81,035.00.
10.
Bid Award - Bid No. 2008-17
“Landscape Maintenance Contract”
1.
Awarded
the contract for landscape maintenance of Landscape Maintenance Districts to
Lasting Images Landscape in the amount of $50,858.76; and
2.
Authorized
the Mayor to execute the contracts.
11.
Development Impact Fee Annual Adjustment
Mayor Lilburn opened the public
hearing.
City Engineer Wong stated at the
last Council meeting, Mr. Frank Williams from BIA requested additional time to
review the city’s staff report and the proposed increase of development impact
fees. Late yesterday afternoon he
received an email from Mr. Williams stating BIA would not have any staff
available to come to this Council meeting and they would like the City Council
to consider moving this item to the next meeting which would be the first
meeting in January. Based on the five
year rolling average complied by SANBAG and also based on the index that the
City Council adopted from the State General Service that the development impact
fee will continue to be going on an up trend, we will have an upward
adjustment. For a single family house,
there would be an increase of 11-12%. If
you would like to look at the trend of when the fee might level off, there is
on page 13 of the staff report, you can see the five-year index indicated on
that page. Within that five-year, there
is one year that has a 45% increase and there was one year with a 24%
increase. It is not until at least a 45%
drop off from this five-year rolling average, you probably won’t see a leveling
off of the fee. Therefore, if you are
considering deferring any adjustment this year then we need to pick up two
years of adjustments.
Councilman McCallon stated SANBAG,
No. 3, words state adjust the fee in the next fee cycle update based on the
change of cost index over a two-year period.
Councilman Timmer stated he would
like to add to that statement. We’re
using the five year rolling average but then it says if we don’t adjust the
rates this year or the fees this year, if we choose option 3 which would be to
defer another year, then we would only use two years of construction
costs.
City Engineer Wong stated he has
talked to SANBAG staff about that.
Basically this year, let’s say we have 11% based on the five-year
rolling average and we don’t make that 11% increase, then next year based on
the five-year rolling average, they have a 3% increase, that means next year
this time you will have a 14% increase.
Councilman McCallon asked in the
communication that was presented in the stimulus package, what was that.
City Engineer Wong stated he does
not know. He read what they gave us last
time again and he couldn’t figure out what they gave us previously.
Councilman McCallon stated he would
prefer the BIA to be present so he would move to continue this.
Councilman Timmer stated that could
go on forever though. They have done
this in the past. Last time we adjusted
the Development Impact Fees we hadn’t done it in quite a few years and we had a
big spike and we had big complaints from the development community and
rightfully so. If we don’t make
adjustments this year, we’re going to have another spike and it depends on what
the next two years would be. He would
hate to defer this and have another big spike again.
Mayor Pro Tem Jones stated his great
concern is that the fees now are getting to be more than the cost of building a
house. In the economic times that we are
in, if in fact we decide to raise this again, all we’re doing is sending a
message to developers and private individuals that cost of the all American
dream is in fact going up more and more and more. There’s got to be an end to this
somewhere. Personally, he believes if the
fees to build a house are equal to or more than building a house then we need
to do something different.
Councilwoman Scott stated she would
like to see the stimulus package that is being referred to. She thought when Mr. Williams was here that
he was going to leave to work on that and bring it back. It’s a shame that January 13 is the first
meeting because she really thinks we need to do something before then but
without all the information, she agrees with Councilman McCallon that we need
to continue this item so we have all the information.
Mayor Lilburn stated the Finance
Subcommittee supported making this recommendation but this was back in June and
our economic times weren’t so tough. She
doesn’t want to increase our fees to throw off any businesses or any upcoming
businesses that we have coming our way to make a difference. They will need any bit of help that they can
get from the city and within their own means.
Councilman McCallon stated he would
like to modify his motion not to include the Quimby Act stuff about the parks.
Councilman Timmer stated in the
staff report it talks about, on page 2; Section 4 of the Ordinance 309, it says
it requires, that’s a pretty positive term, that the
DIF Quimby Act Park Fee is adjusted annually.
What happens if we don’t?
Mayor Lilburn stated did we modify
that park fee when we had forgone the DIF fees for that five-year period.
Councilman Timmer stated he thinks
we made all the adjustments based on those times. His question is along with
Councilman McCallon stated if we are required and staff did list two options
here, one was the Quimby Act, just adopt that portion and leave all the others
unchanged.
City Engineer Wong stated if you go
to page 2 of the staff report you will see two groups of fee categories. The first three bullets: the first bullet point is the fees that are
required by Measure I, to be adjusted annually but this year they gave the city
an option. Either adjust it or leave it
as it is and then adjust it later on. The first bullet point is the point that
ties to Measure I. The second bullet
point is city fees and it is up to the City Council to adjust it or not but if
you are going to be adjusting it, your previous action reflected in a previous
resolution was to adjust those two bullet points by the same index that SANBAG
used to adjust the first bullet point and that index is based on the five-year
rolling year. This year that number is
12.9%. The first three bullet points,
according to the city’s own resolution, are supposed to be adjusted by
12.9%. Now the next six bullet points,
the City Council resolution used a different index to adjust it, that index has
a lower change, that index is a 9.1% and again those six bullet points are not
tied to Measure I. It’s up to the
Council to make a change or not. Your
previous direction was that you would like to keep the increase up to date so
that there is less than of a change in the future. That is why the staff report is structured
that way.
Councilwoman Scott stated that does
not answer the question to her satisfaction.
Again, to repeat what Councilman Timmer said on page 2, the third
sentence from the top, section 4 of Ordinance 309 requires the DIF and
City Manager Hughes stated that is a
city ordinance.
Councilwoman Scott stated okay but
it is still required.
City Manager Hughes stated that is
why we brought it back in November so we would have to, by your action tonight
if the majority agrees, to extend the item.
Councilwoman Scott states so our own
we can extend without losing any ability to pick it up.
City Manager Hughes stated because
we are extending the public hearing which is establishing that.
Councilman Timmer stated in theory,
option three, if that is the option we take, could be higher than what the rate
is today.
City Engineer Wong stated it all
depends on what happens next year with the five-year rolling average.
Councilman Timmer stated his only
concern and he doesn’t think anyone wants to see fees going up. This Council from the day we formed, took a
position that the existing residents weren’t going to subsidize development and
by delaying these fees, which are based on actual costs that will be borne by
to build infrastructure that we need based on our studies is that now the citizens
are going to be subsidizing that difference if we don’t raise them up.
Councilwoman Scott stated she would
like to see the proposal, if you will, that BIA was supposed to send to compare
it with what other information we have.
A MOTION was made by Councilman
McCallon, seconded by Councilwoman Scott, to continue the Public Hearing for
the Development Impact Fee Annual Adjustment. Motion carried, 4-1, with Councilman Timmer dissenting.
12.
Proposed City of Highland Community Development Block Grant (CDBG)
Applications for Fiscal Year 2009 – 2010 to be submitted to the San Bernardino
County Community Development and Housing Department for Eligibility
Economic
Development Specialist Stater stated this time of year is part of the CDBG
funding cycle in which the city, as well as any community based organization,
sends in their applications to the county and they determine whether or not
they are eligible for funding. Following
that, in February, all eligible applications will come back to Council for
funding within the city. The
applications that are being recommended by the Finance Subcommittee are
essentially a continuation of existing programs, Code Enforcement, southwest
Mayor Lilburn opened the public
hearing.
Mayor Lilburn called for any
speakers in favor or opposition, hearing none, she closed the public hearing.
A MOTION was
made by Councilman McCallon, seconded by Mayor Pro Tem Jones, to approve the City Construction / Community Improvement
Application to continue the Housing Code Enforcement Program to support
seventy-five percent (75%) of the salary and benefits for a full-time Code
Compliance Officer, forty percent (40%) of the salary and benefits of a
full-time clerk; Approve the City Construction / Community Improvement
Application to continue the Southwest Highland Neighborhood Revitalization
Project for twenty-five percent (25%) of the salary and benefits of the
Economic Development Specialist position; Approve the City Construction /
Community Improvement Application for sidewalks and pavement rehabilitation on
Union Street east of Victoria and pavement rehabilitation on Cunningham Street
between 9th Street and Cypress Street; and Authorize the City
Manager to sign and submit the above referenced CDBG Applications San
Bernardino County Community Development and Housing Department for
consideration. Motion carried, 5-0.
CITY
COUNCIL/REDEVELOPMENT AGENCY LEGISLATIVE
13.
2007-2008 City Council Work Program Item
1.
Disposition of approximately 900± Acres of East
Highlands Ranch PUD
2.
Offer of dedication of Natural
City Planner Mainez gave a brief review of the staff report.
Mr. Camille Bahri stated he is very comfortable with the
conditions and with the recommendations that have been set forth.
City Planner Mainez stated there was a question regarding
Cloverhill. This was a recommendation
from the Ad Hoc Subcommittee as there was an interest to include this property.
Councilman McCallon stated he resides in a home that is next to this
property. He does have a written opinion
from the FPPC that states he has no economic interest in the house, he is only
a resident, therefore, he does not have to excuse
himself from this item.
Councilman Timmer stated on page 41 of the staff report, a map, an area
where there are a couple of little circles in it stating NAP on them, not a
part of the project, that is the East Valley Water tanks that are there. Do we have to delineate the access roads for
rights-of-way and how do we deal with this in the final disposition? He was concerned we would not have the
ability to get to the facilities from East Valley Water.
Mr. Camille Bahri stated the last reservoir, the access to it, houses
also the water line followed by exactly the prior alignment of the dirt road
and that road has always been used for forest services. The access which is near the top of the
development is under an easement with EVWD that is already recorded.
A MOTION was made by Mayor Pro Tem Jones, seconded
by Councilman Timmer, to accept S-P East Highlands, LLC, proposal to donate
its 900± acres of Natural Open Space located within the East Highlands Ranch
PUD to the San Bernardino Mountains Land Trust in a temporal ownership
arrangement with final ownership transferring to the United States Forest
Service; and to Accept S-P East
Highlands, LLC, offer to dedicate to the City of Highland approximately
eighty-seven acres of natural hillside to be used by the general public as
Natural Parkland with existing Trails and direct staff to prepare the required
documents for City Council approval.
Motion carried, 5-0.
14.
Proposal from STK Architecture for Preliminary Services for an
Alternative Energy Study for the
City Manager Hughes gave a brief
review of the staff report.
Mayor Pro Tem Jones stated one of his concerns is we do not
under design this.
City Manager Hughes stated we will put in as much as we
can. This is only for preliminary
service study.
Councilwoman Scott stated she feels we need to improve the
solar capabilities of our library before pursuing another project.
A MOTION was made by Councilman McCallon,
seconded by Mayor Pro Tem Jones, to authorize the City Manager to sign the
agreement with STK Architecture for Preliminary Services for an Alternative
Energy Study for the
15.
Proposal from STK Architecture for
Preliminary Services for the Design of the
City Manager Hughes gave a brief review of the staff report.
A MOTION was made by Councilman McCallon, seconded by Mayor
Pro Tem Jones, to sign the agreement with STK Architecture for Preliminary
Services for the design of the
16. Update
on SANBAG, SCAG, Omnitrans, Work Program and Regional/Legislative
Issues/Development Issues/Subcommittees/AB 1234 Updates
Councilman
McCallon stated SCAG is moving forward with the arena which was formed for the
Regional Housing Needs Assessment Reform.
A meeting was held last week with the Deputy Director of HCD to discuss
possibilities in the arena reform and to illicit her support. Funding still needs to be straightened out
for the Arena Cycle as of this time it is considered an unfunded mandate.
Mayor
Lilburn stated Omnitrans has continued to see a trend of increase in rider ship
despite their increase of fares and reduction in routes.
City
Manager Hughes stated work program items are due by Monday, December 15,
2008.
17.
Mayor Pro
Tem Jones stated it was a privilege to host the Delegation from
ANNOUNCEMENTS
December 11, 2008, 4:30 p.m. Meeting with Assemblyman Adams
December 12, 2008 Sheriff Installation
Dinner
December 17, 2008 Operation Santa Claus
January 21, 2009, 4:30 p.m. Meeting with
CLOSED SESSION
At 7:23 p.m., the City
Council and Redevelopment Agency convened into closed session regarding the
following:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION 54956.9(a)
Town of
CONFERENCE WITH REAL PROPERTY
NEGOTIATOR
Pursuant to Government Code Section 54956.8 regarding
the following property:
Property: APNs
1201-361-04, 05, 24, 25
Negotiating
parties: Joseph Hughes, City
of
Bank
Under
negotiation: Instruction to
City’s negotiator concerning price and terms of payment.
At
7:56 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 7:58 p.m. in memory of Oscar Pickering.
Submitted by: Approved
by:
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