Highland, California - January 25,2005







	Minutes City Council - 1/25/05

REDEVELOPMENT AGENCY AND CITY COUNCIL

REGULAR MEETING

JANUARY 25, 2005 - 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 6:03 p.m. by Mayor Jones at the Donahue Council Chambers, 27215 Base Line, Highland, California.

The invocation was given by Pastor Glenn Hoskins, United Methodist Church, and the Pledge of Allegiance was led by Mayor Pro Tem McCallon.

ROLL CALL

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

Absent: None

SPECIAL PRESENTATIONS

Ten Year Employee Award

Nancy Pounds, Permit Technician, was honored for her ten years of dedicated service to the City of Highland.

Proclamation

Mayor Jones read a proclamation on behalf of National Wear Red Day for Women.

Acknowledgement

Mayor Jones read thoughts of condolences for the family and friends of Maureen Martinez on behalf of the City Council and the City of Highland. The City Council meeting will be adjourned tonight in memory of Maureen Martinez.

COMMUNITY INPUT

Ms. Marianne Briody asked if there is a contingency plan for Base Line in the event of future rain.

Mayor Jones answered that we are looking at Base Line and other areas through the City for the safety of each citizen of Highland.

Ms. Marianne Briody asked if Base Line will be closed in the event of future rains.

Mayor Jones answered Base Line will be closed when it is deemed unsafe.

Councilman Timmer stated the City of Highland has always had a contingency plan. It is now being reviewed to determine what our options are.

Ms. Marianne Briody asked if an investigation has begun.

Mayor Jones answered yes.

Ms. Marianne Briody was concerned about comments printed in the Sun Newspaper.

Councilman Timmer responded the comments were taken out of context and were not accurate.

Ms. Marianne Briody was concerned about the road closure policy, the re-opening of Base Line and the criteria for prioritizing projects such as Base Line.

Mayor Jones stated Boulder Avenue and Greenspot Road have been on the agenda for several years due to the danger of how the streets narrow going across an old bridge that needs to be replaced. Base Line is being investigated to determine what can be done to prevent this situation from occurring again.

Mr. Thomas Grant spoke regarding motorized scooters and his request that they be banned. He wants to know how much it costs to add more officers.

Mayor Jones answered it would cost $150,000 per officer.

Councilman Timmer stated the citizens of Highland have voted no on two occasions when the request for officers was placed on the ballot.

Mr. Thomas Grant asked what steps have the Council taken regarding motorized scooters.

Mayor Jones answered none at this time because as seen from the banning of fireworks, it would not prevent people from continuing to use scooters.

Ms. Fay Jure spoke regarding the height of her neighbor's weeds. Also, the weeds on the corner of Base Line and Olive Street are high. There are sink holes in the alley behind the property. She requested the City fill the holes.

Mr. Terry Shea asked if there are plans to make another exit out of Highland before the rest of the houses are completed on Greenspot Road.

Mayor Jones stated Council is currently working on a General Plan which has a circulation element that evaluates the total circulation in the community.

Councilman Timmer stated one of the plans is to widen Fifth Street between the freeway and Boulder Avenue but is being delayed due to environmental issues.

Mr. Terry Shea asked if Redlands will assist in funding for the bridge on Palm Avenue.

Councilman Timmer answered there are three jurisdictions involved with that bridge which are Redlands, San Bernardino and Highland. Staff is looking into a cooperative project.

Mr. Terry Shea stated he is also concerned about the Little League having their own field east of Boulder Avenue.

Councilwoman Lilburn suggested he approach the Little League district and ask that they realign the boundaries so more Highland kids can play in Highland.

Mr. Warner Hodgdon spoke regarding the debris basin that has built up at Cook Canyon. He read a report regarding the Cook Canyon debris basin which was submitted to the City Council.

Mr. David Bunnell spoke regarding his concern about the flooding that occurred on Browning Road which entered in through his garage and into his house which he believes was caused due to an orange grove being removed and new housing developments.

Ms. Jill Colodny spoke regarding the traffic at Base Line and Boulder Avenue. She is concerned whether emergency vehicles can get through and whether they would be trapped in a flood situation.

Mr. Dwayne Anthony stated he is impressed with the way the City of Highland responded with the clean up effort. He is concerned about the over-flowing of Cook Creek, the culvert that goes under EVWD's access road being clogged up, and the new housing tract has no storm drains installed.

City Engineer Wong stated the housing development is required to put storm drains on Highland Avenue to intercept any flow on Highland Avenue westerly to City Creek. It was not designed to accept flow from another drainage area such as the overflow of Cook Creek. So if Cook Creek is taken care of by the appropriate parties, then water would not flow down to the neighborhood.

Ms. Phyllis Grant thanked the City of Highland for fixing Ninth Street because it is now safer, and it did not flood as it has in the past. She commented on City Engineer Wong's statement in The Sun newspaper stating that a bridge could not be put in until an environmental study was done. She feels there does not need to be a study because a street already exists there and a study was done. She asked that steps be taken to ease the traffic in front of Lankershim Elementary School before and after school.

Councilman Timmer responded a storm drain was installed several years ago which has worked well. Regarding the Lankershim Elementary School, a traffic signal was put there to help alleviate congestion. An environmental analysis has to be done for projects whether it is existing or not.

Mr. Ray Cadena spoke regarding flood mitigation issues and he wanted to know if the figure of $8 million dollars is based on feasibility studies.

City Engineer Wong answered the Base Line bridge cost estimate is based on the experience last year with building the Fifth Street bridge for approximately $7 million dollars.

Mr. Ray Cadena suggested an ad-hoc committee be established consisting of various experts to help resolve this issue.

Mr. Bruce Colodny is concerned about the prioritization of putting in a bridge on Base Line and he urges that it be placed on the highest level.

Ms. Lynnette McDermott stated her understanding is the housing tracts on Browning Road are being used as the flood control district for Highland. She is concerned if there is going to be flooding, that property will decrease in value. She requested signs be placed to notify commuters there are street closures.

Mr. Lonnie McDermott spoke regarding the flooding on Country Oaks Road and Saffron Avenue.

Councilman Timmer stated the water came down from above the new subdivision out of City Creek. The tract is required to take some steps to intercept water off of Highland Avenue.

Mr. Norman Shotts spoke regarding his concern about the heavy equipment causing damage to the curbs and gutters because the large trucks cannot make the turns and they run over the sidewalk. He wanted to know if there are certain construction hours.

Mayor Jones suggested Mr. Shotts contact City Engineer Wong regarding the damage to the curbs.

COUNCIL/REDEVELOPMENT CONSENT CALENDAR

City Clerk Hughes made corrections to the minutes. Item No. 2, Page 1 of 11, last paragraph, Crim should be "Cram"; page 6 of 11, second paragraph, last sentence, the Base Line project, Base Line should be stricken and say "subdivision"; page 7 of 11, first paragraph, the motion carried was left out, "Motion carried 3-2, with Councilwoman Scott and Mayor Jones dissenting."

A MOTION was made by Mayor Pro Tem McCallon, seconded by Councilman Timmer, to approve the consent calendar as submitted with the above changes. 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 - November 9, 2004 City Council Regular Meeting

Approved the Minutes as submitted.

3. Minutes - November 9, 2004 City Council Special Meeting

Approved the Minutes as submitted.

4. Minutes - November 9, 2004 RDA Regular Meeting

Approved the Minutes as submitted.

5. Warrant Register

Approved Warrant Register No. 389 for January 25, 2005, in the amount of $951,290.25 and payroll of $74,191.32.

6. Treasurer's Report for December 2004

Received and filed Treasurer's Report for December, 2004.

7. Notice of Completion - Project 2002-04, "Street Improvements - 9th Street," and Project 2003-06, "Street Improvements - Norwood Street, Bonita Drive, Eucalyptus Avenue, Base Line and Cunningham Street"

Accepted Project 2002-04, "Street Improvements - 9th Street," and Project 2003-06, "Street Improvements - Norwood Street, Bonita Drive, Eucalyptus Avenue, Base Line and Cunningham Street," as complete; authorized the Mayor to sign the Notice of Completion; and directed the City Clerk to file the Notice of Completion.

8. Final Map Approval/Tract No. 16014 (Standard Pacific Homes)

Adopted Resolution No. 2005-005 to approve Tract No. 16014, accept the subdivision bonds and authorized the Mayor to sign the standard subdivision agreement.

RESOLUTION NO. 2005-005

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HIGHLAND, CALIFORNIA, APPROVING THE FINAL MAP AND

SUBDIVISION AGREEMENT, AND ACCEPTING BONDS AS

IMPROVEMENT SECURITY FOR TRACT 16014

(STANDARD PACIFIC HOMES)

9. Final Map Approval/Tract No. 16014-1 (Standard Pacific Homes)

Adopted Resolution No. 2005-006 to approve Tract No. 16014-1, accept the subdivision bonds and authorize the Mayor to sign the standard subdivision agreement.

RESOLUTION NO. 2005-006

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HIGHLAND, CALIFORNIA, APPROVING THE FINAL MAP AND

SUBDIVISION AGREEMENT, AND ACCEPTING BONDS AS

IMPROVEMENT SECURITY FOR TRACT 16014-1

(STANDARD PACIFIC HOMES)

10. Approval of a Pre-cast Two-sided Monument Sign at Cunningham Neighborhood Park, 7400 Cunningham Street

Approved the installation of the sign as designed.

CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING - NONE

11. A Proposed Ordinance Adding to the Highland Municipal Code Chapter 8.44 Adopting San Bernardino County Ordinance No. 3930 Establishing Inspection Grading Regulations and Standards for Eating Establishments

Community Development Director Hartmann gave background from staff report.

Mayor Jones opened the public hearing and asked if there were any applications.

Hearing none who wish to speak regarding the proposed ordinance, Mayor Jones closed the public hearing.

A MOTION was made by Mayor Pro Tem McCallon, seconded by Councilwoman Lilburn, that the City Council introduce Ordinance No. 295, adding Chapter 8.44 to the Highland Municipal Code, and adopting by reference San Bernardino County Ordinance No. 3930, adding Chapter 14 to Division 3 of Title 3, and adding Subsection 16.0213b(b)(17) to Chapter 2 of Division 6 of Title 1, all of the San Bernardino County Code, relating to inspection grading of food establishments. Motion carried, 5-0.

City Clerk Hughes introduced an ordinance entitled:

ORDINANCE NO. 295

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA, ADDING CHAPTER 8.44 TO THE HIGHLAND MUNICIPAL CODE, AND ADOPTING BY REFERENCE SAN BERNARDINO COUNTY ORDINANCE NO. 3930, ADDING CHAPTER 14 TO DIVISION 3 OF TITLE 3, AND ADDING SUBSECTION 16.0213B(B)(17) TO CHAPTER 2 OF DIVISION 6 OF TITLE 1, ALL OF THE SAN BERNARDINO COUNTY CODE, RELATING TO INSPECTION GRADING OF FOOD ESTABLISHMENTS

which title was read.

LEGISLATIVE

12. Appointment to the Community Trails Committee

City Manager Racadio stated there is an opening on the Community Trails Committee that will run through October, 2006. There have been two applications received. One each from Jason Jenkins and Michael Hahn.

Mayor Jones moved the nominations for the open position on the Community Trails Committee be open.

Councilwoman Scott stated she attempted to contact both applicants but was unable to so she will follow Council's recommendation.

Councilwoman Lilburn stated she based her decision on the application.

Mayor Pro Tem McCallon stated he feels what is important on the Trails Committee is to have people who have a diversity of background experience in outdoor activities and Mr. Hahn has the biking component that is missing.

A MOTION was made by Councilwoman Lilburn, seconded by Mayor Pro Tem McCallon, to nominate Michael Hahn for the open position on the Community Trail Committee. Motion carried, 5-0.

13. Sheriff's Department Schedule "A" Contract FY 2004-05 Modification for the Hiring of a Lieutenant Position Effective February 1, 2005

City Manager Racadio gave background from staff report.

Mayor Pro Tem McCallon asked if this will allow more officers to be in the field.

City Manager Racadio stated it will allow an administrative sergeant to be on the street.

Mayor Pro Tem McCallon asked if the $105,000 decrease in the contract is a one-time decrease or will it be ongoing.

City Manager Racadio stated it will be ongoing because of the bonds the County of San Bernardino issued.

Assistant City Manager Hughes stated Highland is the only stand alone station without a lieutenant position. From the Sheriff's Department point of view, there are concerns about supervision ability to do investigations of officer misconduct and overseeing reports, for example. An additional person is needed to assist Captain Stewart.

Councilwoman Scott asked if the Highland station conducts their own investigations and if they are utilizing the detectives, crime labs, etc.

Assistant City Manager Hughes answered the special divisions are still used; however, Highland does operate as its own substation.

Mayor Jones stated the Public Safety Committee considered this matter at three meetings. In consideration of the recommendation of the Police Chief and staff, we felt we should move ahead on this issue.

City Manager Racadio stated his recommendation is to wait until the budget process.

Councilman Timmer stated benefit packages have increased tremendously which will increase the cost of public safety contracts.

Mayor Pro Tem McCallon asked to hear the pros and cons of delaying this issue.

City Manager Racadio stated the con would be the delaying in fulfilling the position. The recommendation is to place this issue in the budget arena to see how it fairs with the other competing demands.

Councilman Timmer stated he is concerned due to the huge impact on the general fund that the overall impact needs to be considered and how the potential shortages in the general fund will be addressed. He supports going forward on the position being considered.

A MOTION was made by Councilman Timmer, seconded by Mayor Pro Tem McCallon, to accept the Public Safety Subcommittee's recommendation that the City Council authorize the Mayor to execute Schedule "A" Contract for Law Enforcement Services with the San Bernardino County Sheriff's Department for the hiring of a Lieutenant position. Motion carried 4-1, with Councilwoman Scott abstaining.

Mayor Pro Tem asked Councilwoman Scott her reason for abstaining.

Councilwoman Scott answered she wanted to take a closer look at the contact and how the funds are allocated.

Councilman Timmer responded when hiring a new deputy, it includes all the support and logistics needed for that position.

Councilwoman Scott stated her concern is that more officers should be on the streets instead of in the administrative area.

14. Mid-Year Budget Adjustments for Fiscal Year 2004/2005

City Manager Racadio gave background from staff report.

Councilman Timmer wanted to reinforce under fiscal impact that the expenditures are $3.4 million and the revenue is $1.3 million and that we need to take this under consideration for future projects.

A MOTION was made by Councilwoman Lilburn, seconded by Councilwoman Scott, to accept the Finance Subcommittee recommendation to approve the budget adjustments for Fiscal Year 2004/2005. Motion carried, 5-0.

15. Discussion of Various Policies, Regulations, Fees and Agreements Regarding the Use of City Park Facilities and Sport Fields

Community Development Director Hartmann gave background from staff report.

Councilman Timmer spoke regarding the agreement with Central Little League stating there needs to be action taken on it very quickly and he wanted to know if the other three items are in the formulation stage.

Community Development Director Hartmann responded he believes that we are closer than just formulating an opinion.

Councilman Timmer asked if the agreement could be adopted tonight or if it stands alone.

City Attorney Battersby stated the terms of the agreement are still being discussed, and she agrees that it would be best to do it in a package, even though the agreement would come into effect first. The ordinance requires forty-five days.

Councilman Timmer stated his concern is that the Little League needs to invest money to buy equipment and time is running out.

Councilwoman Scott stated Highland cannot have one Park Facility Use Policy because of the ties that the various parks have to other entities.

Councilwoman Lilburn asked if the Little League agreement is a one-year agreement.

Community Development Director Hartmann answered yes.

Councilwoman Scott asked if the agreement is signed, will it be concrete for one year.

Mayor Pro Tem McCallon answered it will not be in concrete because there is a thirty-day termination on the agreement.

Councilwoman Scott stated that maybe the agreement needs to be reworded to say re-evaluation or new contract instead of termination. She has a concern under tournament scheduling where it says, "the request may be submitted one year in advance..." Since this is a Highland Community Park, provisions need to be made to ensure the needs of Highland residents and baseball teams have priority over other leagues.

Administrative Analyst Morgan spoke regarding the Park Facility Use Policy. It was brought before the Public Facilities Subcommittee twice. The policy is loosely based upon the City of Moreno Valley policy because their facilities are similar to what Highland will have. Maybe the policy should be renamed to Park Field Policy. Tournament scheduling will be kept to a minimum during peak play of the Little League. She would want to make a change in the "one year in advance" provision. Cancellations must be made 24 hours in advance or the party would lose their deposit. If there have been more than three occasions of non-use, reservation requests can be denied. Parties who desire to use the facilities must come to the City Hall to pay the fee and City Staff would determine if lights are required. They would return to the Community Center with the receipt to confirm their reservation and receive a permit.

Councilman Timmer asked when do they have to provide their insurance package.

Administrative Analyst Morgan answered they would provide a Certificate of Insurance and sign the Hold Harmless Agreement at the time they pay the fee. She requested direction from City Council on how they want to deal with fees, who would be charged fees, whether we want to charge a youth sports and renovation fee, and how do we want to base them. Palm Springs charges their Little League Organization and Soccer Organization according to their agreements. They do not charge a per-hour fee. Other users pay a flat $5.00 per hour, per field and $15.00 per hour for lights. Pomona has a Community

Services Division and a Park District. They only charge outside groups $25.00 per hour. Moreno Valley youth groups and residents pay $2.00 per hour. Non-profit groups pay $5.00 per hour. Private group residents pay $10.00 per hour and private group, non-residents pay $15.00 per hour. Commercial or profit groups pay $50.00 for residents and $55.00 for non-residents. The tournament charge per field is $150.00 for residential groups of 51 percent or more and $175.00 if less than 51 percent of residents.

Councilman Timmer stated regarding the lights and light maintenance, we need an estimate of actual costs and factor that in.

Administrative Analyst Morgan responded the light charge she used is based on a rough formula from Southern California Edison which came to $10.49 per hour for electrical usage only.

Community Development Director Hartmann stated if a fee is collected for the use of the field, that will help to offset the operational and maintenance expenses. The fees collected would not pay 100 percent for the maintenance of the fields.

City Manager Racadio stated the way to establish the fee is to adopt an ordinance which will have designated in the ordinance the percentage of subsidy that would be provided for the service and adopt a fee by resolution. An analysis will be done by an audit firm to find the fully burdened cost which could run $25.00 per hour.

Councilwoman Scott wanted clarification under resident fees. The field lighting has a two-hour minimum at $10.00. She wanted to know if that is for $10.00 per hour.

Administrative Analyst Morgan answered it is $10.00 per hour.

Councilwoman Scott thinks that $20.00 for two-hours is a low amount. She asked if neighborhood children who are not part of an organization would be charged to used the two non-Little League fields.

Community Development Director Hartmann answered they would not be charged but the lights would not be turned on at night.

Councilwoman Scott was concerned about holidays being excluded.

Community Development Director Hartmann stated you could have a holiday schedule on the long-term reservations.

Central Little League President Mike Clingman thanked Administrative Analyst Morgan for her work on behalf of Central Little League. He spoke regarding the Central Little League agreement stating they charge $45.00 for registration per child, $40.00 for two, and $35.00 for three or more children in the same family, which goes towards the hat, uniform shirt, pictures, and a percentage for insurance. Those who cannot afford the fee can sell raffle tickets. There is currently $7,000 in their account. They are hoping for donations to help stock the snack bar and revenue will re-supply the snack bar, and extra funds will go towards equipment, etc. The charter and insurance cost is $1,000. Central Little League President Clingman asked Council to waive any fees because they would not have any money left in the bank to pay for the fees. The League is required to fix any damage and he wonders why a deposit is required.

Councilman Timmer responded it is a standard provision given to any developer requiring a deposit in case of failure to perform.

Mayor Pro Tem McCallon asked Central Little League President Clingman if he had solicited any businesses for donations.

Central Little League President Clingman answered yes but the owners were not in the office.

Councilwoman Lilburn asked how many kids signed up this year in comparison to last year.

Central Little League President Clingman answered the sign-ups average 120, but this year only 74 have currently signed up, which is below expectations.

Councilwoman Lilburn asked since the sign-ups are below expectations, would it be possible the League would not need both fields so they would not have to maintain both fields.

Central Little League President Clingman answered that yes, it is possible.

Councilwoman Lilburn asked if the $7,000 in their account was gained through fundraising.

Central Little League President Clingman stated money raised at the Del Rosa snack bar was split with Del Rosa, and the Central Little League received forty-five percent of the snack bar receipts which totaled $6,000.

Mayor Pro Tem McCallon asked how much was being requested in the CDBG Grant.

Central Little League President Clingman answered they are requesting $7,000 which will pay for the equipment and field maintenance.

Community Development Director Hartmann stated the Central Little League agreement would give them responsibility for two fields. If they cannot use two fields, then it will be changed to one field. One of the operational issues is they are to maintain, chalk and prepare all of the fields. We do not know if they would have the capability of doing that. There would be a field preparation fee to be considered if the City of Highland had to prepare the field.

Councilman Timmer asked if Central Little League is responsible for maintaining the fields, if there are associated fees, should they be reimbursed if they prepare the fields.

Community Development Director Hartmann answered yes they should if they actually do the work.

Councilwoman Lilburn asked how many teams, kids and sponsors the Central Little League had.

Central Little League President Clingman answered they have 9 teams, 115 kids and 3 sponsors.

Councilwoman Lilburn expressed her concern that maybe there is not enough effort made to contact sponsors.

Mayor Pro Tem McCallon asked Central Little League President Clingman when does he think Central Little League would be in a position to pay the fees.

Central Little League President Clingman stated they would have access to the snack bar all year and the season ends in May. Whatever snack bar receipts are received after the season ends, in excess of restocking the snack bar, can go to the City of Highland.

Councilman Timmer disagrees he should turn those funds over to the City of Highland because part of the contract requires Central Little League to maintain the fields, to maintain the restrooms to meet the City of Highland's standards, and the debate on the table now is whether Central Little League will be charged a fee for lighting and the use of the field.

Central Little League President Clingman stated if that is their obligation, they will keep the money.

Councilwoman Lilburn asked Central Little League President Clingman if they have a preliminary budget.

Central Little League President Clingman answered they do not. Currently they are going by what has been done in the past.

Councilwoman Lilburn stated she can perceive a problem occurring with people being able to comply with the provisions under the cancellation section due to the City of Highland being closed on alternate Fridays. She also asked regarding the clause that states that cancellations may be rescheduled or refunded at the discretion of the user.

Community Development Director stated the user has the choice to reschedule or receive a refund.

Administrative Analyst Morgan stated requests for cancellations must be received by Thursday for weekend events and they have an option to fax their cancellation. The date on the fax will be accepted as the cancellation date.

Councilman Timmer stated there needs to be consistency throughout the agreement regarding hours of operation, parking, lighting and the age of kids who are able to use the playground equipment.

Community Development Director Hartmann stated the ordinance for parking restrictions at the park is from 10:00 p.m. until 6:00 a.m.

Mayor Jones asked City Manager Racadio if the City of Highland is in a position to have Finance Officer Dantuono assist Central Little League to put together a business plan so everyone can see what this endeavor will encompass to move forward and make the money needed.

City Manager Racadio stated he will ask Finance Officer Dantuono if he has expertise in that area.

Councilwoman Lilburn recommended that Central Little League meet with the committee that was put together with the traveling league so they can assist with suggestions to generate revenue and establish a preliminary budget.

Mayor Pro Tem McCallon asked Central Little League President Clingman how many people are on the Board.

Central Little League President Clingman answered there are nine members.

Mayor Pro Tem McCallon asked if he was the only member out trying to raise money.

Central Little League President Clingman answered yes.

Mayor Jones asked Finance Officer Dantuono if the City of Highland is in a position to assist putting together a business plan for Central Little League so they can see the vision of what this opportunity can afford them and so we can avoid adopting a recreation program.

Finance Officer Dantuono stated he does not know if he is in a position or not but he is willing to help out.

City Attorney Battersby stated the City staff cannot put together their business plan for them. They can review it and it is a commitment of City of Highland funding.

Councilwoman Lilburn suggested the task force for the YMCA might be able to help as well as Councilwoman Scott and herself.

Community Development Director Hartmann asked for assistance with issues in the ordinance that need to be clarified.

Councilwoman Lilburn asked when people are fined, where do the funds go.

City Manager Racadio answered the court will collect the funds and the portion that we receive back will go into the general fund.

Councilman Timmer asked if the ordinance addresses the loitering issue.

Community Development Director Hartmann answered it might be addressed in other ordinances.

Councilwoman Scott stated it was her understanding when the snack bar was closed that other vendors would be allowed to come in with their carts and sell. This needs to be addressed because if they are selling food, they need to have a County Health permit.

Community Development Director Hartmann stated any sale of merchandise that has not been approved is illegal.

Councilman Timmer stated they can obtain a one-day or one-week business license.

Community Development Director Hartmann stated it could be included in the user fee.

Mayor Pro Tem McCallon suggested we have a payment schedule so the deposit can be paid over a period of time.

Community Development Director Hartmann asked if that would include the first few months of no payment being made.

Mayor Jones stated payments can be deferred as long as there is a business plan in place where we can recognize where we are headed.

Councilman Timmer stated they can be subsidized through a CDBG grant.

Community Development Director Hartmann stated the CDBG funds will be deemed as a direct benefit meaning there has to be a recipient who qualifies.

Councilman Timmer stated he believes the CDBG funds were used before for lighting and field refurbishing.

Councilwoman Lilburn stated it could have been done under a different grant application. There are program services and projects. Funds can be allocated for the projects.

Councilman Timmer stated he believes that for the first few months Central Little League should not have to make payments, and then they can begin to pay on a graduated schedule paying the deposit in full within the time frame of the agreement which is one year.

Community Director Hartmann asked what would be an appropriate deposit amount.

Councilwoman Scott stated the deposit would be refundable at the end of the season when the year contract is over and the field, etc., is deemed to be in good condition. It can be rolled over if the contract is renewed.

City Attorney Battersby stated the deposit also applies to fixtures and facilities that may be damaged or destroyed.

Community Director Hartmann stated we would have a check-off sheet, and if something is found, they would have the option to repair it first. It they do not choose to fix it, then the deposit will be used for repairs and the balance will be refunded.

Councilwoman Scott suggested the lights have screens on them to prevent vandalism.

Councilwoman Scott spoke regarding the noise/lighting where it talks about no electronic or amplified sounds shall be used on the premises without written approval by the City of Highland.

City Attorney Battersby stated the reason for this provision is to protect the neighbors to the facility so the City of Highland can exercise some control.

Community Development Director Hartmann stated this pertains only to Central Little League to control their amplification. If an individual has a boombox, it would be enforceable under the sound ordinance.

Mayor Jones asked if anyone has any more guidance and direction to provide staff.

Community Development Director Hartmann stated he needs direction on fees. Melissa has proposed a lighting fee of $10.00 per hour with a minimum of two hours which would be $20.00 for residents. Non-resident fee is $13.00 per hour with a two-hour minimum which would be $26.00. Commercial Term/Net Groups would be $500.00 per group deposit and a $50.00 per field usage fee for residents and $55.00 for non-residents with a four-hour minimum. Field preparation would be a $40.00 per hour fee with a two-hour minimum for $80.00.

Councilman Timmer asked if a tournament came and wanted the mounds dropped, would Central Little League have the option to install them and receive the fee.

Community Development Director Hartmann stated the funds would still come to the City of Highland for uses of the fields.

City Manager Racadio stated if it is Central Little League's responsibility to maintain and prepare the fields and they have use of the snack bar during other events, they will make money. Preparing the fields would include their cost of doing these things.

Councilwoman Lilburn is concerned that Central Little League will not have the manpower to prepare the fields.

Councilman Timmer stated if the City of Highland collects funds and Central Little League does the work, then Central Little League should receive the revenue.

Central Little League President Clingman stated if they have adequate notice through reservations, then they can plan ahead of time.

Councilman Timmer stated if the Central Little League Board and families see the return of revenue from the work done for other teams using the facilities, then there is an incentive for them to maintain it.

City Attorney Battersby stated there might be a property tax issue with Central Little League making money from City of Highland property. If the character of the use of the property changes, then it is no longer exempt from property taxes as it is now.

Mayor Jones asked where does the snack bar fall in relationship to this situation.

City Attorney Battersby stated Central Little League is running it for themselves to support their non-profit activities but it would be a concern allowing them to charge other people to use City of Highland property.

Councilman Timmer stated Central Little League would not be charging people, it would be the City of Highland charging fees, and Central Little League would be reimbursed a portion.

Councilwoman Lilburn stated in the YMCA agreement they cannot sublet or charge, so we cannot allow it in one agreement and not in another agreement.

Finance Officer Dantuono stated there could be a problem charging a City of Highland fee when Central Little League is doing the work.

City Attorney Battersby stated if the City of Highland is not going to do field preparation and mound drop, why are we charging.

Mayor Jones stated it should be stricken entirely.

City Manager Racadio agreed and said if a team does not want to use the snack bar, then the team would be responsible to prepare the field and do the mound drop. If they want to use the snack bar, then Central Little League will do it for them.

Councilwoman Lilburn asked who will be responsible when the staff of Central Little League is not available.

Councilwoman Scott stated there should be a fee to reimburse staff time.

Councilman Timmer stated it is the responsibility of the Central Little League to take care of the restrooms and the lights will be done by computer.

Community Development Director Hartmann stated if another tournament comes in and brings their own snack bar, City Council may want to write a policy that use of the diamond fields goes with the snack bar.

Mayor Pro Tem McCallon asked what would be the deposit amount required.

Community Development Director Hartmann stated most of the inside equipment will be provided by Central Little League. What is left is the cabinetry, flooring, snack bar and the restroom. He suggested to start with $1,000 as a deposit amount. Since it is a new facility, most of the items will still be under warranty.

A MOTION was made by Mayor Pro Tem McCallon, seconded by Councilwoman Scott, to approve the Park Facility Use Agreement with the Little League with the amount $1,000 as the damage deposit with a payment schedule to be determined.

City Attorney Battersby stated there are some inconsistent provisions that are in question. Another option for Council is to authorize a subcommittee to review the minor changes and have the Mayor sign it when it is approved by the subcommittee.

City Manager Racadio asked if it could be brought back in two weeks.

Community Development Director yes.

Mayor Pro Tem McCallon withdrew his motion.

Councilwoman Scott withdrew her second.

16. Alabama Street Interim Repair Agreement

City Engineer Wong gave background from staff report.

A MOTION was made by Mayor Pro Tem McCallon, seconded by Councilwoman Lilburn, that the City Council approve the Alabama Street Interim Repair Agreement with Matich Corporation, Robertson's Ready Mix, Cemex USA, County of San Bernardino, City of San Bernardino and City of Redlands. Motion carried, 5-0.

Councilman Timmer asked when will the second phase take place because Alabama Street will be closed to the public for awhile and when will it re-open.

City Engineer Wong stated his understanding is the work will be completed in a few months.

17. Second Reading of Ordinance No. 294 Amending the Redevelopment Plan for the Highland Redevelopment Project Pursuant to Health and Safety Code Section 33333.2(c)

A MOTION was made by Mayor Pro Tem McCallon, seconded by Councilman Timmer, that the City Council adopt Ordinance No. 294 amending the Redevelopment Plan for the Highland Redevelopment Project pursuant to Health and Safety Code Section 33333.2(c). Motion carried, 5-0.

City Clerk Hughes introduced an ordinance entitled:

ORDINANCE NO. 294

AN ORDINANCE OF THE CITY OF HIGHLAND, CALIFORNIA AMENDING THE REDEVELOPMENT PLAN FOR THE HIGHLAND REDEVELOPMENT PROJECT PURSUANT TO HEALTH AND SAFETY CODE SECTION 33333.2(c)

which title was read.

18. Update on SANBAG, SCAG, Omnitrans, Work Program and Regional/Legislative Issues/Development Issues

Mayor Pro Tem McCallon stated he has nothing to report for SANBAG or SCAG. He did attend the League Policy Committee meeting and e-mailed everyone a copy of the minutes that he took which addressed the budget updates, the Regional Representative Program, legislative issues and housing updates.

Councilwoman Lilburn gave an update regarding Omnitrans. She stated there was a Highland resident who has been sending letters of complaint to Omnitrans and she spoke at the meeting. Councilwoman Lilburn put in a request that if there are Highland residents who have complaints, would they forward the letters to her. Omnitrans had a major audit and there were some findings which are being addressed on an on-going basis. Senator Soto and Senator Baca, Jr., sent a letter requesting another outside audit.

City Manager Racadio spoke regarding the work program. The next meeting is scheduled for Monday, February 7, at 3:30 p.m.

19. San Bernardino International Airport Authority and IVDA

Councilwoman Scott stated there will be a joint meeting with the IVDA on Wednesday, January 26, 2005, at 3:30 p.m. A protest group will be attending to show support against the closure of the Palm Meadows Golf Course.

ANNOUNCEMENTS

February 24 at 9:30 a.m. Dedication of the Aurantia Dog Park Plaque honoring Dr. Hart and also the bridge plaque.

March 12 at 9:00 a.m. The Highland Community Park will be dedicated which coincides with the opening day of Central Little League

City Manager Racadio requested to add an item to the agenda for closed session:

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Pursuant to Government Code Section 54956.8 regarding the following property:

Property: Real property owned by Dios La Iglesia De Sacred Holy Sacramento Rev. James O'Leary, Esq. and/or L. James McCarty and identified as Assessor's Parcel Numbers 1191-471-62 and 63.

Negotiating Parties: Rick Hartmann, Community Development Director

Dios La Iglesia De Sacred Holy Sacramento Rev. James O'Leary, Esq. and/or L. James McCarty.

Under Negotiation: Instruction to Negotiators concerning price.

A MOTION was made by Mayor Pro Tem McCallon, seconded by Councilman Timmer, to add item to agenda for closed session. Motion carried, 5-0.

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Pursuant to Government Code Section 54956.8 regarding the following property:

Property: Real property owned by Dios La Iglesia De Sacred Holy Sacramento Rev. James O'Leary, Esq. and/or L. James McCarty and identified as Assessor's Parcel Numbers 1191-471-62 and 63.

Negotiating Parties: Rick Hartmann, Community Development Director

Dios La Iglesia De Sacred Holy Sacramento Rev. James O'Leary, Esq. and/or L. James McCarty.

Under Negotiation: Instruction to Negotiators concerning price.

CLOSED SESSION

At 9:40 p.m., the Redevelopment Agency and City Council convened into closed session, regarding the following:

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Initiation of litigation pursuant to Government Code Section 54956.9(c):

One case.

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Pursuant to Government Code Section 54956.8 regarding the following properties:

Property: APN 1200-381-02, 03, 04, 05