MINUTES
REDEVELOPMENT AGENCY AND CITY COUNCIL
REGULAR MEETING
JUNE 13, 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 6:00 p.m. by Mayor Jones at the Donahue Council Chambers, 27215 Base Line, Highland, California.
The invocation was given by Pastor Cynthia Huskey of First Highland Methodist Church and the Pledge of Allegiance was led by Councilman Larry McCallon.
ROLL CALL
Present: Lilburn, McCallon, Scott, Timmer, Mayor Jones
Absent: None
SPECIAL PRESENTATIONS
Proclamation
City Manager Racadio presented Rick Hartmann with a proclamation recognizing him for his 11 years of dedicated service to the City of Highland.
COMMUNITY INPUT
Ms. Barbara Jovin stated she is a realtor representing her client. Her client owns a vacant lot in Highland and is currently in escrow. During this process it was discovered part of the parcel is located into the street. This was a mistake that was never corrected. Her client was informed she would need to dedicate the part that is located in the street to the City of Highland, which she is willing to do. She is also being informed in order to build on this lot or sell it, she will have to have the other parcel owner dedicate the overlapping area as well. Her client does not feel it is her responsibility for a mistake the city made years ago.
City Engineer Wong stated he is not familiar with this item but will look into it.
COUNCIL/REDEVELOPMENT CONSENT CALENDAR
A MOTION was made by Councilman McCallon, seconded by Councilman Timmer, to approve the consent calendar as submitted with the exception of item #2, item #13, item #14 and item #15 being pulled for further discussion. 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.
3. Minutes - April 25, 2006 City Council Regular Meeting
Approved the Minutes as submitted.
4. Minutes - April 11, 2006 RDA Regular Meeting
Approved the Minutes as submitted.
5. Minutes - April 25, 2006 RDA Regular Meeting
Approved the Minutes as submitted.
6. Claim Consideration - Edgar L. Shorter, Jr.
Rejected claim.
7. Warrant Register
Approved Warrant Register No. 420 for June 13, 2006, in the amount of $1,627,988.34 and Payroll of $64,607.95.
8. November 7, 2006, General Municipal Election
Adopted Resolution No. 2006-030 calling and giving notice of the holding of the regular municipal election to be held on November 7, 2006, requesting San Bernardino County to consolidate the general municipal election with the statewide election and establish regulations for candidate statements.
RESOLUTION NO. 2006-030
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND,
CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2006,
FOR THE ELECTION OF CERTAIN OFFICERS, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2006, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO §10403 OF THE ELECTIONS CODE RELATING TO GENERAL LAW CITIES AND ESTABLISHING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS FOR SAID ELECTION
9. Easement Acceptance/P.W.I. Construction, Inc. (DRB 05-007)
1. Accepted the Grant of Easements for Road and Drainage, Sidewalk and Landscape Purposes from P.W.I. Construction, Inc.; and
2. Directed the City Clerk to record the Grant of Easements.
10. Easement Acceptance/Florina Contreras (11th Street)
1. Accepted the Grant of Easement for Road and Drainage Purposes for Florina Contreras; and
2. Directed the City Clerk to record the Grant of Easement.
11. Easement Acceptance/Pacific Street Sidewalk
1. Accepted the Grant of Easement for Road and Drainage Purposes from Yasmine Shad and Sajjad Ahmed; and
2. Directed the City Clerk to record the Grant of Easement.
12. Quitclaim of Open Space Easement/Fidelity Homes, Inc.
1. Approved the quitclaim of the open space easement over Lots 2 and 3 of Tract 9742 to the current property owners;
2. Authorized the Mayor to execute the Corporation Quitclaim Deeds; and
3. Direct the City Clerk to record the Corporation Quitclaim Deeds.
16. Bid Award - Project 2002-07, "Palm Avenue and Fifth Street Traffic Signal Interconnect"
Awarded the contract for Project 2002-07, "Palm Avenue and Fifth Street Traffic Signal Interconnect," to Republic Electric in the amount of $439,170.
17. DBE Race-Neutral Implementation Agreement, Annual Anticipated Participation Level for Federal Fiscal Year 2006/07
1. Adopted Resolution No. 2006-034 approving the "Disadvantaged Business Enterprise Race-Neutral Implementation Agreement for Local Agencies" and Annual Anticipated DBE Participation Level (AADPL) of 19.5% for Federal Fiscal Year (FFY) 2006/07 (covering the period of October 1, 2006, through September 30,2007); and
2. Authorized the City Manager to execute the Agreement.
RESOLUTION NO. 2006-034
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND APPROVING AND ADOPTING Exhibit 9-A "DISADVANTAGED BUSINESS ENTERPRISE RACE-NEUTRAL IMPLEMENTATION AGREEMENT FOR LOCAL AGENCIES" AND THE ANNUAL ANTICIPATED DBE PARTICIPATION LEVEL (AADPL) OF 19.5% FOR FEDERAL FISCAL YEAR (FFY) 2006/07
18. Declaration of Three (3) Vacant Seats on Public Nuisance Hearing Board
1. Declared three (3) seats vacant on the Public Nuisance Hearing Board; and
2. Directed the City Clerk to advertise the vacancy on the Board.
19. Final Map Approval/Tract 17590 (Gardner Construction)
1. Approved Final Map No. 17590;
2. Accepted the Subdivision Bonds; and
3. Authorized the Mayor to sign the standard subdivision agreement.
ITEMS REMOVED FROM THE CONSENT CALENDAR
2. Minutes - April 11, 2006 City Council Regular Meeting
Councilwoman Scott stated during the meeting of April 25, 2006, she has requested actual figures of the current construction activity with July 2004. This was supposed to be supplied before the Council voted on it. She has not received this information to date and Council has already had the first and second reading. She would still like to have the information that she requested. Also, regrading the General Plan approval, staff had stated they would be inventorying all lots, use and businesses along Base Line. She would like to know if this has been done and, if so, she would like to have this information.
A MOTION was made by Councilwoman Scott, seconded by Councilman McCallon, to approve the Minutes as submitted. Motion carried, 5-0.
Councilman Timmer stated the information regarding the construction figures was supplied at the last Council meeting and should be included in the Finance Subcommittee minutes.
13. Resolution No. 2006-031 Adopting Amendments to the City of Highland Premium Only Plan
Councilwoman Scott stated she is requesting items #13, #14, and #15 be continued as it is a personnel issue. She would like to discuss these items in closed session.
City Manager Racadio stated it is his understanding the reason for continuation is due to his still being included on the payroll until July 15, 2006.
Councilwoman Scott confirmed this reason.
City Manager Racadio stated he has given the city 18 years of service with six months notice of his retirement. He was willing to help in any recruitment that was needed. He feels it is unjust to keep staff from any salary adjustments just because of his being included on the payroll.
Councilwoman Scott stated no, there would have been an evaluation because the City Manager's contract calls for an evaluation every year and there has not been one for many years.
City Manager Racadio stated it is not required as he knows the contract as it was amended six year ago.
Councilwoman Scott stated the way the City Manager's contract reads is if you do not have the evaluation, any raise the employees receive, the City Manger will receive double.
City Manager Racadio stated he disagrees as he receives only what the employees receive if an evaluation is not done. If a evaluation is done, another raise is possible but this is separate from the employees raise.
Mayor Pro Tem Lilburn stated she does not like to see any conflicts between staff and Council. She feels this is unnecessary.
City Manager Racadio stated he also does not like conflict, however, this was discussed during the last closed session with City Council.
Councilman Timmer stated the reasoning for these items to be continued to closed session is not valid.
Councilwoman Scott stated she is not opposed to staff receiving salary adjustments and apologized if it seemed this way as she wanted to discuss these items in closed session.
A MOTION was made by Councilman Timmer, seconded by Councilman McCallon, to approve Resolution No. 2006-031 adopting amendments to the City of Highland Premium Only Plan. Motion carried, 3-2, with Mayor Pro Tem Lilburn and Councilwoman Scott abstaining.
RESOLUTION NO. 2006-031
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HIGHLAND, CALIFORNIA,
AMENDING THE CITY OF HIGHLAND PREMIUM ONLY PLAN
14. Adoption of Resolution No. 2006-032 Implementing on July 1, 2006, a 4 percent Across the Board Adjustment for All Employees
A MOTION was made by Councilman Timmer, seconded by Councilman McCallon, to adopt Resolution No. 2006-032 implementing on July 1, 2006, a four percent across the board adjustment for all employees. Motion carried, 3-2, with Mayor Pro Tem Lilburn and Councilwoman Scott abstaining.
RESOLUTION NO. 2006-032
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF HIGHLAND, CALIFORNIA,
AMENDING RESOLUTION NO. 91-80, 94-56, 95-17,
96-46, 96-68, 97-43, 98-06, 98-42, 99-32, 99-56, 00-38,
01-35, 02-02, 02-07, 03-27, 04-28 AND 05-31
ESTABLISHING EMPLOYEE SALARIES
15. Adjustment to Employee Benefits
A MOTION was made by Councilman Timmer, seconded by Councilman McCallon, to adopt Resolution No. 2006-033 amending Resolution No. 2006-022 establishing personnel system rules. Motion carried, 3-2, with Mayor Pro Tem Lilburn and Councilwoman Scott abstaining.
RESOLUTION NO. 206-033
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF HIGHLAND, CALIFORNIA,
AMENDING RESOLUTION NO. 2006-022 ESTABLISHING
PERSONNEL SYSTEM RULES
COUNCIL/REDEVELOPMENT LEGISLATIVE
20. One Appointment to the Building Code Appeals Board (BCAB)
A MOTION was made by Councilwoman Scott, seconded by Councilman Timmer, to appoint one member of the public, Mr. Jeff Hinkley, to the Building Code Appeals Board. The term will expire in June, 2008. Motion carried, 5-0.
21. Standard Contract Provision Requiring Compliance with the Immigration Reform and Control Act of 1986 ("IRCA")
Councilman Timmer stated on the resolution, second page, the second item states the City of Highland requires verification etc. He has concerns the city will be receiving social security numbers from employees who do not work for the city.
City Attorney Battersby stated no, this only applies to city employees.
Councilman Timmer stated it also states contractors will provide a listing of validation which will state their employees do meet these requirements.
City Attorney Battersby stated item #2 applies to employees of the city. Item #1 is a contract provision.
Councilwoman Scott stated the staff report states every contract will have the paragraph listed on page 2. She would like every contract and sub contract to contain a copy of the full resolution as an attachment.
City Attorney Battersby stated we could reference the resolution as some contracts are already quite lengthy. It is her recommendation not to add additional bulk to city contracts by having exhibits and attachments.
A MOTION was made by Councilwoman Scott, seconded by Mayor Pro Tem Lilburn, to adopt Resolution No. 2006-036 requiring all City contractors to comply with the requirements of the Immigration Reform and Control Act of 1986, 8 U.S.C. §§ 1324a and 1324b, Prohibiting the Hiring of Unauthorized Aliens, as a Condition of All Public Works and Professional Services Contracts, and all other City contracts for goods and services. Motion carried, 5-0.
RESOLUTION NO. 2006-036
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA, REQUIRING ALL CITY CONTRACTORS TO COMPLY WITH THE REQUIREMENTS OF THE IMMIGRATION REFORM AND CONTROL ACT
OF 1986, 8 U.S.C. §§1324a AND 1324b, PROHIBITING THE HIRING OF UNAUTHORIZED ALIENS, AS A CONDITION OF ALL CITY PUBLIC WORKS
AND PROFESSIONAL SERVICES CONTRACTS, AND ALL OTHER CITY CONTRACTS FOR GOODS AND SERVICES
22. Update on SANBAG, SCAG, Omnitrans, Work Program and Regional/Legislative Issues/Development Issues
Mayor Pro Tem Lilburn stated it has been requested for Omnitrans to attend a forthcoming Council meeting to discuss SBX program.
Mayor Jones stated a copy of the 2006 Opera for Children Festival schedule was distributed to Council. This years program has proven a great success. He is excited and waiting to hear the actual studies of each class who participated and how it improved their test scores. As part of the dedication ceremony for Fire Station No. 3 he has obtained three photographs of ground zero. Each of the Fire Stations will have a copy of the photograph to display in their stations. This will be a constant reminder of our support for their services.
23. San Bernardino International Airport Authority and IVDA
None to report.
ANNOUNCEMENTS
Thursday, June 15 at 9 a.m. Dedication Ceremony - Fire Station #3
City Clerk Hughes has earned the designation of Certified Municipal Clerk awarded by the International Institute of Municipal Clerks Incorporated.
CLOSED SESSION
A MOTION was made by Mayor Pro Tem Lilburn, seconded by Mayor Jones, to add the personnel negotiations to closed session for further discussion. Motion carried, 3-2, with Councilman Timmer and Councilman McCallon dissenting. Motion failed.
A MOTION was made by Mayor Pro Tem Lilburn, seconded by Councilman McCallon, to add Airport Authority items to closed session for further discussion. Motion carried, 5-0.
At 6:49 p.m., the City Council and Redevelopment Agency 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)(2):
One case.
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 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.
At 8:13 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 Jones adjourned the meeting at 8:15 p.m. in memory of David Hansberger, brother of the County of San Bernardino Supervisor Dennis Hansberger.
Submitted By: Approved By:
Betty Hughes Ross B. Jones
City Clerk Mayor