MINUTES

REDEVELOPMENT AGENCY AND CITY COUNCIL

REGULAR MEETING

APRIL 11, 2006 - 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 Jones at the Donahue Council Chambers, 27215 Base Line, Highland, California.

The invocation was given by City Manager Racadio and the Pledge of Allegiance was led by Councilwoman Scott.

ROLL CALL

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

Absent: None

SPECIAL PRESENTATIONS

Mayor Jones presented a Proclamation declaring the week of April 23, 2006, the SKIP A MEAL week for the Kiwanis Children's Fund.

Mayor Jones presented a proclamation declaring April 28, 2006, as Arbor Day.

Mayor Pro Tem Lilburn stated it is a pleasure to present the program named Healthy Highland. Obesity has been identified as an ever increasing problem which affects not only adults but youth and senior citizens as well. She is asking the City Council Members for their support in this effort and to help lead the way. She has asked a few program partners to present how they can contribute to the healthy Highland initiative. Barb Medley, Highland Police Department, has worked very hard to create a new walking group that will commence on the 1st of May. It will be called the Highland Hightoppers.

Ms. Barb Medley stated the actual target date has been set for May 8. She would like to bring the community together a couple of nights to walk or run. The group will start at Greenspot Road, Saturday mornings at 6:30 a.m., at It's a Grind coffee house. This will allow people to meet different members of the community and to stay active. She can be reached at the Police Department Monday through Friday.

Mayor Pro Tem Lilburn stated this program is for the entire family.

Ms. Annette Mendenhall, Highland Senior Center, stated at the Highland Senior Center they like to keep the seniors active mentally and physically. There are quite a few healthy programs available. In honor of supporting Healthy Highland, the Senior Center will be offering aerobics Monday through Friday free to seniors 55 and over. There is also a walking route which has been established for more than 25 years. Patton State Hospital also has mapped out one, three, and five-mile routes for the seniors. A new program called the silver sneakers will also be starting very soon.

Mr. Darryl Black, Highland Family YMCA, stated for the month of May, the Highland YMCA will be offering a class called the 30/30 fitness program. It will consist of 30 minutes step aerobics and 30 minutes of yoga/pilates. This will be free of charge and open to every age. Free self-defense lessons will also be offered in the month of May.

Mayor Pro Tem Lilburn stated the program is also asking local coffee shops and restaurants to display a sign stating Healthy Highland menu items offered here.

Ms. Sherry Mandigo stated she brought a dish for the Council that contains no fat and no cholesterol. She hopes the Council enjoys the change of menu.

Mayor Pro Tem Lilburn stated Kayla, Director of Health Education for Beaver Medical Center, is present this evening to weigh in any City Council Member, staff or resident who wishes to take the weight loss challenge tonight. The City of Redlands and the City of Fontana are challenging Highland in a total weight loss amount.

Ms. Kayla, Director of Health Education for Beaver Medical Center, stated Beaver Medical is very happy to pair up with Highland to help in making this a healthier community. There are many, many classes available to help with weight loss goals and other health related classes. There are no charges for these classes and you do not have to be a member of Beaver Medical Group to attend.

Mayor Jones presented a proclamation declaring Highland as a healthy community.

COMMUNITY INPUT

Mayor Jones stated Wal-Mart has not been approved in Highland. What has been told to the public is false. In order for government to work, all issues must be handled in public and not in closed sessions. It has to happen in public view. Any meeting we hold anywhere, for any purpose, has to be done under the Brown Act. There has been no application for a Wal-Mart in Highland. None, no submission. Until there is a formal application to come before a public hearing and has been discussed, we are not giving any approval. We are willing to hear any and all public input.

Community Development Director Hartmann stated we receive all entitlements for any project that comes in for approval comes to his department whether it is Building and Safety or Planning Department projects. We have not had any submittal. As you indicated, we talk to people all the time. We talk to big businesses such as Wal-Mart, Target, Costco, Lowe's and Home Depot. Until they actually file an application, which then becomes a public record, there is nothing to process.

City Engineer Wong stated he echos Community Development Director Hartmann's comments.

Mayor Jones stated the very proposed rumor spot, where this Wal-Mart is supposed to go, is Fifth Street and Boulder Avenue, is in fact a flight safety zone for the airbase. This means if they came and proposed to build it here, they couldn't at that spot.

Mr. David Houchens stated he has a safety hazard condition. In mid-March he contacted the city and left Larry Williams a message on his phone. He has not had any response back. The area he is talking about is at the end of 21st Street. It is a small easement that kids go through on the way to school. It has downed fencing, barbed wire fence, plants, debris, and all kinds of items scattered. Besides this being a health hazard, it is a tripping hazard. If this is a city issue, he would like someone to address it.

Mr. Luis Hernandez stated he opposes the building of a Wal-Mart in Highland. He was reading a planning activity report for January 2006 and there was an item about a 200,000 square foot retail store being built. He would like to clarify this item.

Community Development Director Hartmann stated in the planning activity report, we basically identify anyone that makes a contact with us to review projects. There are always big businesses looking at Highland between the freeway and Boulder Avenue. One did come in and talk to us and we listed it as an interest issue. That is it. If in fact there is an application filed, we will list it in the activity report. It would take anywhere from nine months to a year to process an application for a typical shopping center. At that time, there will be many opportunities for public input.

Mr. Luis Hernandez stated any time there is discussion with anyone in reference to building anything in our city, will be listed in the planning report whether it happens or not.

Councilman Timmer stated he would like to clarify he has been contacted by a representative from Wal-Mart. He is meeting with them on Thursday.

Mr. Shaun Barkley stated he just moved to Highland in November from Texas. One of the reasons for moving to Highland was the scenery and the community. His community in Texas had a Wal-Mart superstore and the congestion this store created was great. He tried to avoid it at all costs. He is not interested in having a Wal-Mart in Highland.

Mr. Jeff Ferro stated he is very proud to live in Highland and the community it is. He is pleased to hear there is nothing as of yet in relation to Wal-Mart. He feels a Wal-Mart would not be beneficial to the type of improvements that are being proposed in the future.

Mr. Barry Sharp stated he is very concerned with this rumor. No one has addressed the recent issues of Fifth Street congestion as it is. He would like to know if he could ask the City Council to make a statement on their own beliefs as to which way they would look at this.

Councilwoman Scott stated she would be happy to. She received an e-mail from a person representing Wal-Mart. The e-mail stated this person would like to meet with her. She does not meet with people on city business unless they want to meet with the rest of the Council not when they want to divide and conquer the Council. She did not respond to the e-mail and she does not intend to.

Mayor Pro Tem Lilburn stated she received the same e-mail and it was forwarded onto the rest of the City Council as well as city staff. She also received a call from the property owner of the driving range who informed her the proposed property was in escrow with Wal-Mart. She informed him that she had heard nothing of it and the first time she heard of this was when she spoke with him. She felt as if she had been hit blind sided. She spoke with city staff and she was assured there was no application. She now understands why she didn't hear anything. Everything that we do is done publicly. She has responded to the e-mail but has not met with Wal-Mart. She needs to meet with Wal-Mart to let them know what we are going through now. They need to understand what the concerns are.

Mr. Barry Sharp stated Mr. Timmer has stated he will meet with them. Councilwoman Scott and Mayor Pro Tem Lilburn have stated they will meet with Wal-Mart on city time. Would Mr. Timmer tell us where his discussion will be held and what type of forum?

Councilman Timmer stated we have not received an application from Wal-Mart or anyone else on this property. This is quite common, however, we have a public hearing process we go through which includes the Planning Commission and the Design Review Board. If we as City Council Members publically state what our feelings are prior to meetings, we then are voiding are ourselves from participating in the process. So if he states he is against Wal-Mart and they bring an application in, he is required by law to say he has a conflict of interest. If he has already previously stated his position on this issue, then he can't participate in the process. As elected officials, we have to be very careful of what we say about projects or any issue before the public hearing process occurs. He has to hear the public's comments as well as the developer's comments and staff reports.

City Manager Racadio stated this item is not on the agenda. To start polling the Council is inappropriate under the open meeting law of the State of California. To start polling people about something you don't know about is inappropriate at this point.

Mr. Barry Sharp stated he will refrain from asking them personally but he would like to point out the fact since one person has stated they have heard of it, two have now come and stated they heard of it. One of them actually stated the property owner of the property in question . . .

Mayor Pro Tem Lilburn stated not the property owner, the lessor. She has not talked to the property owner just for clarification.

Mayor Jones stated if Wal-Mart has entered into an agreement of escrow, we do not know what Wal-Mart's intent is. Wal-Mart has been approved in the City of Redlands and then buy several pieces of property and put them in escrow. There are reasons they do the thing they do and this is the reason they are the size they are. There is a process and that process has to be met in this city as well as any other city. This process has not even begun in this city. We talk to hundreds of developers and brokers. At the ICSC conference, we will talk to thousands of developers, grocery store owners, shopping center owners and everyone else about coming to Highland and why they should. It does not mean that one of them will come and develop here until they go through the process. A developer also has rights and if a developer owns a piece of land and goes through the process, meets every requirement in the process, he has to be allowed to build here.

Mr. Barry Sharp stated as elected officials in this room, the public will remember what your official statement is.

Mayor Pro Tem Lilburn stated we just completed our general plan and those of you who don't know, the property is zoned commercial retail. There was a process where the public could attend to participate in the designation of the general plan. There was no change in the general plan from the prior to the current. It always has been slated for commercial retail. You must understand there will be development in that area. Who, when, we don't know.

Ms. Judy Kohrell stated she is opposed to the construction of a Super Wal-Mart.

Mr. Robert Plasencia stated he moved to East Highlands Ranch in 1995. There are so many stores in Highland and San Bernardino. It is overwhelming. Traffic from big rigs and an increase in people will make the area, which includes schools, very congested.

Ms. Elois Schulte stated she read the mission statement from the City of Highland and agrees wholeheartedly with it. She is opposed to the construction of a Wal-Mart. She has seen Wal-Marts pick up and move two miles down the road because they didn't care for the location and in this process the smaller businesses are forced to go out of business.

Ms. Lorelei German stated she received the flyer today at Blockbuster and she had no idea Wal-Mart was even being thought about. The big box stores and the areas surrounding them attract a higher criminal rate. Her neighbor was mugged at the San Bernardino Wal-Mart and no one was arrested for this crime as the license plates on the car were stolen. She is opposed to the construction of the Wal-Mart.

Ms. Vicki Zietlow stated she is an occasional Wal-Mart shopper. She does not think the Fifth Street location would be beneficial as she recalls the statement made by Council stating Fifth Street would be the gateway to Highland. She is opposed to the construction of Wal-Mart.

Mr. Richard Lowery stated he is opposed to the construction of Wal-Mart. He is requesting citizens be informed by advertising or postings regarding any development in the proposed area.

Mr. Kevin Olivo stated he and his wife are opposed to the construction of Wal-Mart. There are gateway considerations which need to be addressed as well.

Mr. Patrick Garcia stated he owns a business in Highland. He understands there isn't a plan submitted and understands Wal-Mart uses these tactics to compete with other cities. He is opposed to the construction of Wal-Mart. The community isn't against commercial development. We are against bad commercial development. He had thought about moving his office to a building on Base Line and was discouraged. He was informed the general plan was coming out and Highland was looking for developments where everything is contained within.

Mayor Jones stated to clarify Mr. Garcia's statement, we are not considering. That goes for anyone else who has not submitted an application. He appreciates the public input because if Wal-Mart does come and wants to talk, he will have something to talk about.

Mr. Leroy Martinez stated he has personal knowledge about how Wal-Mart operates. They desolate every small business around. He opposes Wal-Mart because they are an anti supporter of public education.

Ms. Tonja Wright stated she is concerned with the fact that she feels the city wasn't honest and up-front in the beginning. At the upcoming meeting, she hopes the Council will remember all the public input.

Councilman Timmer stated when a developer or citizen calls me and they want to meet with me, as a courtesy that is part of my job to meet with people. It doesn't mean just because he meets with someone he is supporting their project in one way or another. It's just common courtesy to return a phone call or meet with someone when requested.

Ms. Kathie Pearce stated her family owned a business in Texas but once Wal-Mart came, it put them out of business. This is when she came to Highland. When a retail center is put in, she hopes the Council keeps the children in mind and their safety.

Ms. Constance Showler stated she is in opposition of Wal-Mart coming to Highland. What's healthy is tonight's turn out and for the public to keep abreast of the current events in Highland.

Ms. Shirley Mulligan stated she moved here because of the sense of community. A large store would not be beneficial to Highland.

Ms. Julie Tudor stated she wanted to thank Councilman Timmer for being honest because she felt there was a little bit of a play on words. The community would appreciate honesty. What do we, as citizens, need to do to limit the size of the proposed building?

Councilman Timmer stated part of the process would be once we receive an application, staff will review it for completeness to ensure all the facts are there. They will set conditions of approval and so forth. Then it will go to the Planning Commission for review and at that time the public has opportunity to voice their opinions. Based on this information, the Planning Commission could change those conditions such as size, scope and landscaping. They will listen to the public and make decisions. It may not even come before Council unless someone appeals it. The current land use may permit that use and so the Planning Commission could have the approval authority. He is not sure. This is when the public gives their input regarding the size, height of building, traffic issues, etc.

Ms. Cori Freeman stated there are problems with the current Wal-Mart and we don't need an even bigger Wal-Mart. She would like clarification if the proposed property is in a flight zone or not.

Mayor Jones stated it is in a flight zone.

Ms. Cori Freeman stated so it cannot be developed.

Community Development Director Hartmann stated the area between Boulder Avenue and the freeway is within an outer safety zone. Under the Airport Land Use Manual Handbook, there is an intensity and density factor that goes in with various safety zones. There are six safety zones. The area we are discussing is outer safety zone 4. There are limitations to what can be built and what cannot be built. How the property is developed, how the building is situated and the types of uses all have to be analyzed to determine if in fact it is appropriate in that safety zone. This Council has to make the decision whether or not the safety zone should be adhered to or not be adhered to. There are a number of different issues that have to be considered when you look at a project. Until we get a chance to review a project, we don't know if in fact the density or the intensity of land use can be accommodated on that site. It's hard to say right now if it could or could not be built on any properties along the corridor of Boulder Avenue and the freeway.

Ms. Cori Freeman stated once we let Wal-Mart build we can forget about good quality restaurants and even free standing stores such as Pottery Barn. She is concerned with the way Council handled the public's intentions to voice their opinions. She feels Council is not taking this issue seriously enough.

Mayor Jones stated the other emphasis that needs to be addressed is who started this rumor.

Councilman Timmer stated just because someone purchases land doesn't mean they are going to develop it. For example, San Manuel bought the parcel at Boulder Avenue and Highland Avenue eight or nine years ago and there still isn't anything there. Eventually they will develop but just because someone is in escrow does not necessarily mean they are going to develop. They could be using it as a negotiation with someone else on other issues. If we reacted every time someone purchased or traded land we would go crazy. You have to wait for the application to be submitted and that is when you become involved.

Mr. David Higginbotham stated he is opposed to the building of Wal-Mart. He would appreciate making Fifth Street wider to make for easier access to the freeway.

Mayor Jones stated our City Engineer is in the process of finishing the design for the widening of Fifth Street.

City Engineer Wong stated the City of Highland is waiting for the last piece of approval from Caltrans because we are also going to be modifying the traffic signal. We are also going to be adding one additional left turn lane south to the freeway.

Councilman Timmer stated to show you how fast government works, we got the funding source for this project 3-1/2 years ago and we have been trying to get the environmental approval from the Federal Fish and Wildlife service and we still haven't gone to bid yet. We don't move very fast so trying to keep secrets in government is impossible.

Ms. Heather Ferro stated she wants to thank whoever got the rumor started because it does give the public a heads up. She does not believe Council would have. She feels as if Council could be "bought out."

Councilman Timmer stated he resents that. He does not have to sit here and take that kind of language from someone. We are here listening to you speak and now you are accusing us of being on the take. He does not appreciate it. His opinion is that he resents that.

Ms. Heather Ferro stated she did call the city and asked for information and the gentleman would never give his name. She asked nine times and was told he couldn't give his name.

Councilman Timmer stated we are required under state law to make certain notifications and announcements on projects as the city is processing them. They are published in the newspaper and distributed in certain locations around the city. Everything has to be in public. We will do that at the appropriate time when the process is started. The process hasn't even started at this point. We would make notifications required by law and he still resents being accused of being on the take or willing to be on the take. Every dollar he receives for being on the Council, he has donated back to the community and reimburses the city for every expense.

Ms. Sherry Kohrell stated she appreciates the installation of a stop sign at Webster Street and Eucalyptus Avenue. She would like to inquire what kind of impact study will be done prior to the construction of the post office.

Community Development Director Hartmann stated regarding the post office, unfortunately a Federal agency does not have to process applications through us. Basically, they are exempt from our review. They do provide us with information periodically for review. For example, when the schools came in, the schools had to do certain project reviews and traffic reports but they do not have to rely on our approval. Other governmental entities do not follow the same rules that we have to follow because they have certain exemptions.

Ms. Sherry Kohrell inquired if there are plans to widen Boulder Avenue and Orange Street.

City Engineer Wong stated the city is in the process of designing the widening of Boulder Avenue from south of Blockbuster to Eucalyptus Avenue. The project is to make Boulder Avenue uniform and have two lanes each direction. The major component of that project is to rebuild the existing two lane narrow bridge over City Creek. The existing bridge will be torn down and a new bridge will be constructed.

City Manager Racadio stated the postal service is exempt but they have indicated we can have a courtesy review. He feels they will be very open to input.

Ms. Connie Lopez stated she values the school districts in Highland for the learning process offered. Bringing in a Wal-Mart will be detrimental to our children. The Mayor had previously stated he had been speaking with Stater Bros for two years, therefore, keeping secrets is a possibility. Mr. Hartmann had stated a box was requested upon and she would like to know where the location is. She appreciates Ms. Scott's comment about not responding to the e-mail due to the fact she felt Council should address the item as a whole, not individually. Also, will there be extra police officers made available to patrol Wal-Mart as once it opens it will be a necessity. She believes as a public official you have a responsibility to the public and must show respect to the constituents. She also would like clarification regarding the fly zone whether Council can or cannot override the final decision.

Community Development Director Hartmann stated regarding the box issue, he has talked to five or six big boxes such as Wal-Mart, Target, Home Depot, Lowe's and Costco. All of the properties anywhere from Boulder Avenue to the freeway are in escrow or being considered one way or another. Many projects go into escrow and weeks later we will be informed they will not be purchasing the property. So even if they open escrow there is a due diligence period that sometimes they look at the project to do soil investigations and decide yes or no. Also, when an application is submitted, there is a Highland Weekly Report which is dispersed every week and we list all projects officially filed in this report. In addition, our website will identify all public notices that are also in the newspaper. It is his understanding we are becoming more sophisticated on the airport safety zone. Between the City Attorney and himself, they have requested public documents to get a better understanding of the issues. The way he understands it, there is some discretion to the City Council if they so choose to take that discretion. He cannot give her a definitive answer whether or not this Council has the authority to do so.

Mayor Jones stated if we overrule the decision, we then take on the liability of allowing it to be there in that safety zone. That liability then says we pick up the responsibility if and when there is ever an occurrence that injures or kills anyone. We as a city chose to overrule and allow that to occur, then we enter a lawsuit that may or may not be filed against us. For the City Council to overrule information of that source is not prudent on behalf of the City Council especially for a city who likes to pay its own way, who likes to not extend our liabilities far beyond what we able to pay for. Wal-Mart coming to any community is an extreme challenge. We are very aware of that challenge. Another step further is to say the revenues that are received from a Wal-Mart will not offset the costs of police and public services needing to be provided. We would have to take that into consideration if and when we ever consider one in the City of Highland.

Ms. Connie Lopez stated this rumor, which is fairly new, generated this much response. As City Council Members, if she is correct in understanding, if Wal-Mart were to come and file an application, you have the ability to overturn it.

Mayor Jones stated he does not know. It all depends upon the application that is made and what is involved. There are adult bookstores who would like to come to Highland. We cannot stop them legally from coming here. We can designate a zone, a place where they can build and we have done that. If they meet every requirement that is necessary in their proposal, we cannot stop them from coming here.

Ms. Connie Lopez stated if they submit a feasible application that abides by all city rules and regulations, there is nothing the public can do to stop it.

Mayor Jones stated again it depends what the proposal is. There may be a proposal that states because of who you are and where you are, you cannot build in that location. We are the ones that can say that and must say that.

Ms. Connie Lopez stated so you have the capability to say no.

Mayor Jones stated that is correct, depending upon what the application is.

Councilman Timmer stated as long as he is willing to meet with the constituents on a one on one basis by phone or in person. I think a person who wants to develop in Highland has the same right for me to meet with them. If we had the same policy for citizens that means he cannot talk to you personally about any project or your concerns.

Ms. Connie Lopez stated she would, only because....

Councilman Timmer stated so when you call me complaining about Wal-Mart, he would have to say he is sorry he can't talk to you about that unless all of the Council is present.

Ms. Connie Lopez stated she would say there is a policy that Council has which is to have two or more present, would you like to make an appointment to meet as a group?

Councilman Timmer stated based upon that we would never get enough Council Members to meet with citizens. Everyone's calendars are different.

Mr. David Rainville stated he has donated computers to Arroyo Verde school. He also has the capability to donate scholarships. He has a great compassion for the community of Highland. He asks the Council to consider the public input and not to sell us short. He is opposed to the construction of Wal-Mart.

Mayor Jones stated we appreciate your comments, gifts and dedication to Highland. Highland has become the city it has because of people just like you. John Timmer has given 18 years of service to the City of Highland. Jody Scott has also given 18 years of service. She helped Highland become a city. Penny Lilburn is a lifelong citizen of Highland and has given to the YMCA and the Senior Center because she believes in this community. Larry McCallon has businesses within the community and raised his family here because he also gives to the community. I have been here 63 years and have raised seven children here. He is now in the process of bringing back four of his children to Highland because he bought land to build homes on. We are people who have been committed to the community for a long time. He is one of the original three city fathers of this city. Highland is what is it is today because people are concerned with issues and are willing to stand up and do something about it. This all began in a public hearing at San Gorgonio High School in 1980, when the city of San Bernardino wanted to take over and annex all of the Highland area. Had two of us not shown up and opposed that the very way the people are today, we would not be a City of Highland. We appreciate you coming because your voice and your opinions are critically important to us in making the decisions that we have to make. If we had a proposal before us and we had nobody saying anything, we would say I guess the public is not opposed to that. We want you to know we invite you back every two weeks or every week to any meeting.

Ms. Andrea Legro stated she has resided here since 1989. This is her first Council meeting. She feels Wal-Mart has the right to meet with Council as anyone would. She just wants the Council to know it is not wanted.

Mr. Michael Every stated he is here to voice his concerns for what possibly may be developed. His biggest concern is for his daughter's safety when attending school. The commercial developments that would be considered, as you look at the criteria for the project, he only hopes it will include the safety of the children.

Mr. David Gandolfi stated being a city employee of a westerly city he knows about Wal-Mart. He knows there are concerns about the traffic, the crime, and the RV's. We also need to be concerned about the wages they pay. His city opted not have them come into a large development. He agrees with his city's decision. He has resided in Highland since 1995. He is opposed to the construction of a Wal-Mart. Back in1996, he addressed the Council and at that time he had asked for the Council meetings be televised. At the time, we had two cable companies. He is tired of watching Redlands Council meetings as he would rather watch Highland Council meetings.

Ms. Stella Alva stated she is opposed to having a Wal-Mart in Highland. There are so many questions that need to be answered before anything is proposed. There is so much traffic as it is now. Highland is a beautiful city but not if we are going to have businesses that will ruin our way of life.

Ms. Denise Kirk stated she has resided in Highland since 1962. She agrees with all the comments that were made tonight. She would like to know if there is any knowledge of any application for that parcel of land. If it isn't Wal-Mart, do you know if there is another developer interested in the land?

Community Development Director Hartmann stated there is no other pending application. A year ago we looked at a preliminary site plan with a bunch of little buildings for offices. We looked at it but they never came back. There probably have been other proposals for strip centers. We see a variety of different things coming in.

Ms. Denise Kirk inquired is there no truth to the rumor of the property being in escrow or would you know that.

Community Development Director Hartmann responded he does not know for certain as he did not check into it. He doesn't check. As he stated earlier, he knows there are properties in escrow. They go in and out of escrow all the time.

Ms. Denise Kirk stated she would like to see the driving range remain in Highland.

Mayor Jones stated the best way to keep businesses in Highland is to shop there. The best way to get business here, the type of businesses that you want, is start encouraging them to come here. The saddest part is when we get a business here and they don't stay because we as citizens do not support them. That is what is going to make Highland even better.

COUNCIL/REDEVELOPMENT CONSENT CALENDAR

A MOTION was made by Councilman Timmer, seconded by Councilwoman Scott, 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. Warrant Register

Approved Warrant Register No. 416 for April 11, 2006, in the amount of $1,257,297.54 and Payroll of $64,280.96.

3. Minutes - February 28, 2006 City Council Regular Meeting

Approved the Minutes as submitted.

4. Minutes - February 28, 2006 RDA Regular Meeting

Approved the Minutes as submitted.

5. Preparation of Annual Engineer's Reports for 2006/2007 Assessments

1. Adopted Resolution No. 2006-016 ordering the preparation of an Engineer's Report for Consolidated and Lighting District No. 96-1; and

2. Adopted Resolution No. 2006-017 ordering the preparation of an Engineer's Report for Street and Drainage Maintenance District 96-1.

RESOLUTION NO. 2006-016

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND,

COUNTY OF SAN BERNARDINO, CALIFORNIA

ORDERING THE PREPARATION OF ENGINEER'S REPORT

FOR CONSOLIDATED LANDSCAPE & LIGHTING DISTRICT NO. 96-1

FOR FISCAL YEAR 2006/2007

RESOLUTION NO. 2006-017

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND,

COUNTY OF SAN BERNARDINO, CALIFORNIA

ORDERING THE PREPARATION OF AN ENGINEER'S REPORT FOR

STREET AND DRAINAGE MAINTENANCE DISTRICT 96-1

FOR FISCAL YEAR 2006/2007

6. Easement Acceptance/McCalla Trust (Project No. 2002-05, "Fifth Street Widening")

1. Accepted the Grant of Easement for Road and Drainage Purposes from McCalla Trust; and

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

COUNCIL/REDEVELOPMENT LEGISLATIVE

7. St. John Bosco Mission Request to Waive Undergrounding of Existing Utilities

City Engineer Wong gave a brief review of the staff report. The Public Works Subcommittee did not recommend to waive the undergrounding requirements, however, it was recommended that the city allow the church to enter into an agreement. This agreement will state they agree to pay their fair share of the utility undergrounding work if and when the city decides to do the undergrounding within the village.

City Attorney Battersby inquired if this would ordinarily be a recorded covenant on their property.

City Engineer Wong responded no, based on the city's prior arrangement with another church project. Immanuel Baptist Church entered into an agreement with the city delaying the payment of their project fair share to build the traffic signal at Base Line and Browning Road. The city had an agreement with the church and this agreement was approved by the City Council.

City Attorney Battersby stated it would be her recommendation that this type of agreement be recorded on the property that is affected. This will give notice to the future property owners.

City Engineer Wong stated if the agreement is the mechanism that the Council would approve, then city staff in conjunction with the City Attorney, will prepare the agreement. Once it is completed, it will be brought back for formal approval.

A MOTION was made by Councilman Timmer, seconded by Mayor Pro Tem Lilburn, to direct staff to prepare a deferral agreement between St. John Bosco Church and the City of Highland which will state St. John Bosco Chuch will agree to pay their fair share of the improvements at whatever cost that is at the time the city moves ahead with its project to complete the undergrounding. Also, this agreement and the deferral portion of this obligation will be recorded on the property. Motion carried, 5-0.

Mr. Richard Resendez stated he is a third generation member of the village. He wants to thank the Council for listening and for considering their request.

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

Councilman McCallon stated at the SANBAG meeting the San Bernardino Annual Survey was presented. There has been a lot of press in the paper regarding this issue. He does have copy of the report if anyone wishes to review it. The east based valley cities voted for representation on the plans and programs to fill the vacancy of Judith Valles and they voted himself to fill this vacancy.

Mayor Pro Tem Lilburn stated the trend of the fixed route attendance continues to rise. However, there were some proposed changes to the routes as some routes were eliminated or changed. Highland had no changes to their routes.

City Manager Racadio stated we have appointments on May 17 with Bill Emmerson, Dennis Mountjoy, Bob Dutton while we are attending the Legislative Action Days in Sacramento. The Automobile Club is asking legislation to require the manufacturers of automobiles to make it easier to reproduce keys. Replacement keys could cost anywhere from $800 to $1,700. Also, there are times where locksmiths cannot access the lock.

Mayor Jones stated the other side of that issue is do we really want all this information available. What it does is it opens up more opportunity for more theft. The most important thing to hang onto is the tag attached to your keys when you first purchase the vehicle. This tag has the code listed, therefore, you can order a replacement.

City Manager Racadio stated Finance Officer Dantuono has distributed to all City Council Members, board members and staff the travel reimbursement policy.

Councilman McCallon stated if you are claiming mileage and parking, you have to use two separate forms.

City Manager Racadio stated relative to Plan B and the Water Conservation District, Walter Christiansen is leaving Friday and the other engineer left two months ago. Redlands is now asking if we should start talking about what is going to be the process in the future.

Councilman Timmer stated he thinks our committee and theirs should meet.

Community Development Director Hartmann stated he will make the necessary contacts to arrange a meeting.

9. San Bernardino International Airport Authority and IVDA

Nothing to report.

ANNOUNCEMENTS

April 23-29, 2006 National Volunteer Week

April 28, 2006 HIT Team - Arbor Day and Earth Day

April 29, 2006 at 8:00-Noon Adopt a Trail - Clean up

CLOSED SESSION

At 9:25 p.m., the Redevelopment Agency and City Council convened into closed session regarding the following:

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Significant exposure to litigation pursuant to Government Code Section 54956.9(b)(1):

One case.

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Pursuant to Government Code Section 54956.8 regarding the following property:

Property: 7793 Central Avenue (YMCA)

Negotiating Parties: Sam Racadio, City of Highland

YMCA of East Valley

Under Negotiation: Instruction to Negotiator concerning terms and price of lease agreement.

Property: APN 1192-542-37

Negotiating parties: Sam Racadio, City of Highland

Anthony R. Russo Tr

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

Property: APN 1192-542-38

Negotiating parties: Sam Racadio, City of Highland

Sung N. & Ok J. Lee

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

At 11:28 p.m., the Redevelopment Agency and City Council convened into open session, with all members present, making no announcements.

ADJOURN

There being no further business, Mayor Jones adjourned the meeting at 11:30 p.m.

Submitted By: Approved By:

Betty Hughes Ross B. Jones

City Clerk Mayor