MINUTES
REDEVELOPMENT AGENCY AND CITY COUNCIL
REGULAR MEETING
DECEMBER 12, 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 6:01 p.m. by Mayor Jones at the Donahue Council Chambers, 27215 Base Line, Highland, California.
The invocation was given by Mayor Jones and the Pledge of Allegiance was led by the Boy Scouts of America, Pack 19, Den 7.
ROLL CALL
Present: Lilburn, McCallon, Scott, Timmer, Mayor Jones
Absent: None
SPECIAL PRESENTATIONS
Firefighter Lee Fonseca gave a brief presentation on the Fire Explorer program and
introduced Fire Explorer Captain, Michael Fonseca, who introduced the other Fire Explorers.
COMMUNITY INPUT
Mr. Bernardino Castenada stated more people should attend the Council meetings to keep updated on city on-goings not just to complain but attend on a regular basis. He is very active in youth activities and he wishes more people were involved in supporting youth activities. He is a firm believer that we currently have the best Council since incorporation. Staff is doing a superb job as well and he feels good things are in the future.
Councilwoman Scott stated she has received numerous inquiries regarding Highland Avenue from the American Legion to Carriage Hills. The south side of the street belongs to the City of Highland while the north side belongs to the City of San Bernardino. Highland has maintained the south side very well. She stated she would bring this item forward to see if it is possible for the City of Highland to contact the City of San Bernardino or maybe the press could write an article clarifying the fact of Highland Avenue being split between both cities.
City Manager Hughes stated City Engineer Wong will make contact with the City of San Bernardino.
City Clerk Hughes stated this item is to certify the election held on Tuesday, November 7, 2006, wherein Ross Jones, Larry McCallon and Jody Scott were re-elected by the citizens of Highland.
A MOTION was made by Councilwoman Scott, seconded by Councilman McCallon, to adopt Resolution No. 2006-065 reciting the facts of the General Municipal Election held on Tuesday, November 7, 2006, declaring the result and such other matters as provided by law. Motion carried, 5-0.
RESOLUTION NO. 2006 - 065
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND,
CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION
HELD ON NOVEMBER 7, 2006, DECLARING THE RESULT AND SUCH OTHER
MATTERS AS PROVIDED BY LAW
SWEARING IN OF NEWLY RE-ELECTED COUNCIL MEMBERS
City Clerk Hughes swore in Ross Jones, Larry McCallon and Jody Scott.
2. Mayor and Mayor Pro Tem Appointment for 2006/07
City Clerk Hughes stated it is time for the annual reorganization for Mayor and Mayor Pro Tem and opened the floor for nominations for Mayor.
Councilwoman Scott stated the current leadership team is great and she would like to nominate Ross Jones for Mayor.
Mayor Pro Tem Lilburn stated she also agrees with Councilwoman Scott.
Councilman Timmer nominated Larry McCallon. He feels the position should be rotated as it has been done in the past.
City Clerk Hughes called for any other nominations. Hearing none she will close the floor. Ross Jones received 3 ayes for the position of Mayor.
Mayor Jones called for nominations for the position of Mayor Pro Tem.
Councilwoman Scott stated again we have a great team and she would like to nominate Penny Lilburn for Mayor Pro Tem.
Mayor Jones called for any other nominations. Hearing none he will close the floor and call for those in favor of the nomination of Penny Lilburn. Penny Lilburn received five ayes for Mayor Pro Tem.
3. Subcommittee and Agency Appointments
Councilman Timmer stated there are several committees that can be disbanded as the goal has been achieved. For example, LAFCO 2919, that committee was formed to give input to LAFCO on the consolidation issue with MWD. The charge of this particular committee was met and the recommendation was given to LAFCO. Also, the new schools committee, which was formed specifically for the school at Base Line and Central. This also has gone away as the school district has withdrawn this project. He would recommend the same members retain their current committees.
Mayor Jones stated he would like for Penny Lilburn to move to the Finance Subcommittee as Larry McCallon will become President of the Inland Empire Division for the League of California Cities and he will be very busy with this responsibility. Penny will serve well on the Finance Subcommittee.
Councilman McCallon stated he would prefer to stay on the Finance Subcommittee.
Councilwoman Scott requested removal from the Public Works Subcommittee.
A MOTION was made by Mayor Jones, seconded by Mayor Pro Tem Lilburn, to replace Councilman McCallon with Mayor Pro Tem Lilburn on the Finance Subcommittee. Motion carried, 3-2, with Councilman McCallon and Councilman Timmer dissenting.
A MOTION was made by Mayor Jones, seconded by Mayor Pro Tem Lilburn, to replace Councilwoman Scott with Councilman McCallon on the Public Works Subcommittee. Motion carried, 5-0.
Mayor Jones stated as far as agency appointments, he would like to replace Jody Scott on the Airport Agency with Penny Lilburn serving as an alternate. The subcommittees for LAFCO 2919, new schools and the YMCA Lease have been disbanded.
CITY COUNCIL/REDEVELOPMENT AGENCY CONSENT CALENDAR
A MOTION was made by Councilman McCallon, seconded by Councilwoman Scott, to approve the consent calendar as submitted. Motion carried on a roll call vote, 5-0, with Councilman Timmer abstaining from Item #5 and Item #6.
4. Waive the Reading of All Ordinances
Waived the reading of all Ordinances in their entirety and read by title only.
5. Minutes - November 14, 2006 City Council Regular Meeting
Approved Minutes as submitted.
6. Minutes - November 14, 2006 RDA Regular Meeting
Approved Minutes as submitted.
7. Warrant Register
Approved Warrant Register No. 431 for December 12, 2006, in the amount of $2,219,402.41 and Payroll of $60,561.53.
8. Comprehensive Annual Financial Report for Fiscal Year Ended June 30, 2006, Component Unit Financial Statements for Fiscal Year Ended June 30, 2006, and the Single Audit Report on Federal Awards
Received and filed the Comprehensive Annual Financial Report for Fiscal Year Ended June 30, 2006, Component Unit Financial Statements for Fiscal Year Ended June 30, 2006, and the Single Audit Report on Federal Awards.
9. AB 1600 Development Impact Fee Annual Report for Fiscal Year 2005-2006 per Government Code Section 66006
Received and filed the AB 1600 Development Impact Fee Annual Report for Fiscal Year 2005-2006.
10. Developer In-Lieu Fee Annual Report for Fiscal Year 2005-2006
Received and filed AB 1600 Development Impact Fee Annual Report for Fiscal Year 2005-2006.
11. State COPS Grant FY 2006/07 Allocation
Continued to allocate its funding under the annual State COPS Grant for the hiring of a Sergeant position under the contract with the San Bernardino County Sheriff's Department.
12. Housing Element of the General Plan Annual Review (Final Planning Period: 2004 Calendar Year - July, 2005)
Received and filed the General Plan Housing Element Annual Review Report.
CITY COUNCIL/REDEVELOPMENT AGENCY LEGISLATIVE
13. Appointment of One (1) Seat on the Historic and Cultural Preservation Board
Councilman McCallon nominated Jose Tacal.
A MOTION was made by Councilman McCallon, seconded by Mayor Pro Tem Lilburn, to appoint one member of the public, Jose Tacal, to the Historic and Cultural Preservation Board with the term ending November, 2008. Motion carried, 5-0.
14. Appointment of One (1) Seat on the Community Trails Committee
Councilman McCallon nominated Gerard Reminiskey.
Councilwoman Scott stated she was impressed with the qualifications of Andrew Minor.
Mayor Jones stated he was impressed with Molly Bogh and she would make a great contribution to the city. He would like to nominate Molly Bogh.
City Clerk Hughes closed the floor for nominations and called for the vote.
Mr. Gerard Reminiskey received three ayes.
15. Jerry Lewis Community Center and Highland Athletic Center Lease between the City of Highland and the YMCA of the East Valley
Mayor Jones announced Mayor Pro Tem Lilburn will be excused from this item due to a conflict of interest with her being the Executive Director of the Highland Senior Center and wherein the Athletic Center is involved with the Senior Center.
City Manager Joe Hughes gave a brief review of the staff report.
Councilwoman Scott stated regarding the city operation cost contribution of a $177,808, now that is utilities, landscaping, janitorial, supplies, etc.
City Manager Hughes stated that ties back to the proforma and to the operation loss that the YMCA is expecting to have in the first year. Basically the city is agreeing to make up their loss and it has to be justified on a monthly basis. Actual costs must be provided for reimbursements.
Councilwoman Scott stated one of the reasons she is inquiring is due to the warrant register, she has been for several months now, taking out the amounts that have been paid to the various parks for different expenses. With the YMCA taking over the ballfields and scheduling, will they account for the revenue taken in from the snack bar and also the water bill because the community park's bill is horrendous. Will they share in the costs there or will it still be the city's responsibility?
City Manager Hughes stated this will be 100% the city's responsibility. The YMCA will simply be scheduling the activities of the park. All payments for use of the park will still be paid to the city. The YMCA will not be collecting any money, they will only be scheduling. The applicant will pay at City Hall and then take the receipt back to the YMCA.
Councilman Timmer stated this lease agreement, as he understood it, was just for the Athletic Center and Community Center, not for the parks.
City Manager Hughes stated correct.
Councilwoman Scott stated the YMCA is supposed to supply an annual oral report but the monthly report states with request for reimbursement. She would like to have additional information included in the monthly reports.
City Manager Hughes stated there must be justification for the costs.
Councilwoman Scott stated in the justification will it also list how many Highland citizens are having their memberships paid by the city.
City Manager Hughes stated on page 5 of 44 in the agreement, section E, subsection 2 states during the first four years of operation the initial term of this lease shall provide the tenant with supplemental funds for membership, single entry, and program scholarships for qualified low income citizens who are City of Highland residents.
Councilwoman Scott stated on page 98, which is the YMCA marketing plan for 2006 and 2007, she was surprised to see Highland Community News listed as zero, Redlands Print Shop several times, Highland City Newsletter shows no figure, and an ad in the San Bernardino Sun. She also questions the December direct mail out for guest passes which shows the target market being in east Highland. This facility belongs to all of Highland, not just east Highland. Summer school flyers will be printed in Redlands. The money for our school programs is going to Redlands.
City Manager Hughes stated any specifics on the proforma have to be answered by the YMCA.
Mayor Jones stated page 15 of 44, item #2, under D, states auto liability limit of $1 million dollars. This ought to follow suit with the general liability because basically you have your primary of $1 million and then you have an umbrella over that in the amount of $3 million, which gives us a total of $4 million. One of the greatest exposures the YMCA has is that of transporting children in vans or other vehicles. This ought to be concurrent with the primary general liability. Page 67 of the Senior Center lease, in paragraph D, the last sentence, states the YMCA will make the final decision on increasing the insurance coverage for this lease. Page 15 of 44, paragraph E, it is the city's responsibility of course to increase the limits of liability or insurance requirements. This ought to be made concurrent in the senior's lease with the agreement the city has with the YMCA.
City Attorney Battersby stated the city is not party to the agreement between the Senior Center and the YMCA. The Senior Center is contracting with the YMCA for this particular use. Her assumption is that the city increasing coverage requirements, the YMCA would then do the same under this provision with the Senior Center if they determine this is appropriate to do so. This agreement is only included in the agenda packet to demonstrate that the YMCA and the Senior Center have complied with this term in the lease. We do not have control over the terms or conditions under which they have entered into this and in fact she has questions regarding the indemnity and insurance provisions but they do not really implicate the city because it is the YMCA that ensures against the city.
Mayor Jones stated the same requirement is, as far as the automobile coverage, being a $1 million dollar limit instead of a $4 million. Again, the exposure is in transporting people so it ought to be brought concurrent with the requirement that the city is putting on the YMCA.
City Attorney Battersby stated if we are to get into dictating the terms between the YMCA and the Senior Center, she feels there are a whole host of other issues that she would want to see covered including a direct relationship with insurance, defense and indemnity to the city if something should occur with respect to the Senior Center.
Ms. Connie Showler stated she is a member of the committee for the Highland YMCA. She has been part of the YMCA for the past ten years and she has seen it grow into the current beautiful building. She is looking forward to building strong youth, strong families, and a strong community. The current location is where the community is expanding and she can see this part of the community becoming more involved in the YMCA. She is excited about the upcoming changes and encourages the community to support the YMCA.
Mr. Christopher Tickell stated as a principal of Thompson Elementary, the city provides an after school program through the YMCA. This service allows close to 80 to 90 of our students to stay after school in a safe place where they can do homework and participate in activities. This support is vital and continues to show how the City of Highland and the YMCA are coming together. He urges Council to continue with the lease and to continue with the support.
Mr. Rich Haller stated he is in favor of the lease with the YMCA. He is a member of the program committee which guides the YMCA as it is ran in Highland. He would like to encourage anyone who would like to be part of this community as we are always looking for additional volunteers. As he has listened to certain concerns regarding Highland businesses, he will certainly push the issue to Ken and Perry. He would encourage Council to support the lease.
Mr. Marty Steinbrecher stated he is the President of the Board of Directors for the Highland Senior Center. The Therapy Pool will allow seniors to have the opportunity to utilize it for daily exercise and social programs. The seniors are very excited and have had new members join because of the pool program.
Councilman McCallon stated he would like to compliment the YMCA and the Senior Center for coming to an agreement. He feels it is in the best interest for the Senior Center, the YMCA and the City of Highland. He would like to point out in the agreement between the Senior Center and the YMCA in indemnification and hold harmless, it talks about the City of Highland and since the City of Highland is not a party to that agreement, he wants to make certain it is clear that the agreement has no effect on the City of Highland.
A MOTION was made by Mayor Jones, seconded by Councilman Timmer, to authorize the Mayor to execute the lease between the City of Highland and the YMCA of the East Valley for the Jerry Lewis Community Center and the Highland Athletic Center with the addition of the limit of liability for automobiles to $4 million. Motion carried, 4-1, with Mayor Pro Tem Lilburn abstaining.
City Manager Hughes stated he would like to thank Ken Stein and Perry Mecate. They have been a pleasure to work with and he appreciates the relationship that the staffs of the organization have.
16. Part-Time Administrative Analyst Position
City Manager Hughes gave a brief review of the staff report.
Councilwoman Scott inquired if this would be an in-house promotion.
City Manager Hughes responded this will be a new recruited position.
A MOTION was made by Councilman McCallon, seconded by Councilman Timmer, to authorize the creation of a part-time Administrative Analyst position. Motion carried, 5-0.
17. Update on SANBAG, SCAG, Omnitrans, Work Program and Regional/Legislative Issues/Development Issues/Subcommittees/AB 1234 Updates
Councilman McCallon stated SANBAG is looking at a reorganization to try and accomplish items in a more improved manner. Also the Annual Determination of Local Government Conformance to the Congestion Management Plan. We are in conformance because we passed our Measure I items. There are a couple of cities that need to come into conformance but it does look as if everyone will make conformance. Projects for Proposition 1B were discussed with a deadline for construction being 2012.
City Manager Hughes stated staff is diligently working on the Work Program and hopes to have information to the Council by early next week. He would like to condense the meetings from three to two about two weeks apart.
18. San Bernardino International Airport Authority and IVDA
None
ANNOUNCEMENTS
December 19 at 11:00 a.m. RDA Study Session
December 26 No City Council Meeting
CLOSED SESSION
None
ADJOURN
There being no further business, Mayor Jones adjourned the meeting in memory of Richard A. Hughes and Colonel James B. Sayers.
Submitted By: Approved By:
Betty Hughes, CMC Ross B. Jones
City Clerk Mayor
C:\MyFiles\WPDATA\Minutes\2006 minutes\12-12-06 cc.wpd