MINUTES

REDEVELOPMENT AGENCY AND CITY COUNCIL

REGULAR MEETING

JULY 8, 2008 - 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 Lilburn at the Donahue Council Chambers, 27215 Base Line, Highland, California.

The invocation was given by Pastor Wayne Reynolds of Immanuel Baptist Church and the Pledge of Allegiance was led by Cub Scout Pack No. 5.

ROLL CALL

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

Absent: None

SPECIAL PRESENTATIONS

Beverly Powell of Southern California Edison gave a brief update on Copper/Metal Theft and Renewable Portfolio Standard.

COMMUNITY INPUT

None

CITY COUNCIL/REDEVELOPMENT AGENCY CONSENT CALENDAR

A MOTION was made by Councilman McCallon, seconded by Councilwoman Scott, to approve the consent calendar as submitted with the exception of Item #23 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.

2. Minutes - May 27, 2008 City Council Regular Meeting

Approved Minutes as submitted.

3. Minutes - May 27, 2008 RDA Regular Meeting

Approved Minutes as submitted.

4. Minutes - June 10, 2008 City Council Special Meeting

Approved Minutes as submitted.

5. Claim Consideration - Thomas F. Schriver

Rejected claim.

6. Claim Consideration - Southern California Edison

Rejected claim.

7. Warrant Register

Approved Warrant Register No. 465 for July 8, 2008, in the amount of $1,967,455.69 and Payroll of $140,839.10.

8. Treasurer’s Report for May 2008

Received and filed Treasurer’s Report for May 2008.

9. Declaration of One (1) Vacant Seat on the Design Review Board (DRB)

1. Declared one (1) seat vacant on the Design Review Board; and

2. Directed the City Clerk to advertise the vacancy pursuant to the Maddy Act.

10. Easement Acceptance/9th Street Sidewalk Improvements

1. Accepted the Grants of Easement for Road and Drainage Purposes from Alberto Nieto, Raul Vera, William J. Beddingfield Jr. and Tracey M. Beddingfield; and

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

11. Easement Acceptance/East Highlands Village Street Improvements

1. Accepted the Grant of Easement for Road and Drainage purposes from Hector G. Gomez, Maria J. Gomez, Maria B. Gomez, Antonio Ayala and Juana Ayala; and

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

12. Easement Acceptance/Sterling Avenue Sidewalk Project

1. Accepted the Grants of Easement for Road and Drainage purposes from Darlene Gnehm and Barbara Buchan and Jim Logsdon and Kathy Logsdon; and

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

13. Easement Acceptance/East Highlands Village Street Improvements

1. Accepted the Grant of Easement for Road and Drainage Purposes from East Valley Water District; and

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

14. Easement Acceptance - Highland/Victoria Street Improvements (Jhawar)

1. Accepted the Grants of Easement for Road and Drainage Purposes from Balbir Singh Jhawar and Handerjit Jhawar; and

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

15. Renewal of the Joint Sponsorship and Use of Facilities Agreement with the San Bernardino City Unified School District for the Use of Cypress and Thompson Elementary Schools in Association with the After School Activity Program

Approved the agreement for Joint Sponsorship and Use of Facilities with the San Bernardino City Unified School District and authorize the City Manager to execute the agreement.

16. Resolution No. 2008-030 Rendering the Annual Statement of Investment Policy for Fiscal Year 2008-2009

Adopted Resolution No. 2008-030 rendering the Annual Statement of Investment Policy for Fiscal Year 2008-2009.

RESOLUTION NO. 2008 - 030

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF HIGHLAND, CALIFORNIA, ADOPTING THE

ANNUAL STATEMENT OF INVESTMENT POLICY

FOR FISCAL YEAR 2008/2009

17. Resolution No. 2008-031 Confirming the Authority of the City Treasurer pursuant to Government Code Section 53607

Adopted Resolution No. 2008-031 confirming the authority of the City Treasurer pursuant to Government Code Section 53607.

RESOLUTION NO. 2008 - 031

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF HIGHLAND, CALIFORNIA, CONFIRMING THE AUTHORITY

OF THE CITY TREASURER,

PURSUANT TO GOVERNMENT CODE SECTION 53607

18. Resolution No. 2008- 032 Establishing the Appropriations Limit for Fiscal year 2008-2009 for the City of Highland in Accordance with the Provisions of Division 9 of Title 1 of the California Government Code

Adopted Resolution No. 2008-032 establishing the Appropriations Limit for Fiscal Year 2008-2009 for the City of Highland in accordance with the provisions of Division 9 of Title 1 of the California Government Code.

RESOLUTION NO. 2008 - 032

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HIGHLAND, CALIFORNIA, ESTABLISHING THE APPROPRIATIONS

LIMIT FOR FISCAL YEAR 2008-2009 FOR THE CITY OF

HIGHLAND IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9

OF TITLE 1 OF THE CALIFORNIA GOVERNMENT CODE

19. Resolution No. 2008-033 Establishing the Annual Special Tax for Community Facilities District No. 2001-1 for Fiscal Year 2008/2009

Adopted Resolution No. 2008-033 establishing the Annual Special Tax for Community Facilities District No. 2001-1 for Fiscal Year 2008/2009 and file with the County Auditor-Controller Resolution No. 2008-033 with the tax roll.

RESOLUTION NO. 2008 - 033

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HIGHLAND, CALIFORNIA, ESTABLISHING THE ANNUAL SPECIAL TAX FOR

COMMUNITY FACILITIES DISTRICT NO. 2001-01

FOR THE FISCAL YEAR 2008/2009

20. Resolution No. 2008-034 Establishing the Annual Special Tax for Community Facilities District No. 90-1 for Fiscal Year 2008/2009

Adopted Resolution No. 2008-034 establishing the Annual Special Tax for Community Facilities District No. 90-1 for Fiscal Year 2008/2009 and file with the County Auditor-Controller Resolution No. 2008-034 with the tax roll.

RESOLUTION NO. 2008 - 034

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HIGHLAND, CALIFORNIA, ESTABLISHING THE ANNUAL SPECIAL TAX FOR

COMMUNITY FACILITIES DISTRICT NO. 90-1

FOR THE FISCAL YEAR 2008/2009

21. Bid Award/Bid 2008-06, “Purchase of New Vehicle”

Awarded Bid No. 2008-06 to Fairview Ford in the amount of $20,473.71.

22. Notice of Completion for Project Entitled “Highland Library and Environmental Learning Center

1. Authorized the Mayor to sign the Notice of Completion for the project entitled “Highland Library and Environmental Learning Center”;

2. Directed the City Clerk to record the Notice of Completion with the San Bernardino County Recorders Office; and

3. Authorized staff to release the 10% retention funds 35 days from the recordation of the Notice of Completion.

ITEMS REMOVED FROM CONSENT CALENDAR

23. Proposed Revision to Building and Safety Contract Services with Willdan

Councilwoman Scott asked if the rates are increased, will building fees also be increased?

City Manager Hughes stated we are in the process of reviewing adjustments to the fees.

A MOTION was made by Councilman McCallon, seconded by Mayor Pro Tem Jones, to approve the revised Willdan Contract for Building and Safety Services; and authorize the Mayor and City Clerk to execute the appropriate contract upon approval by the City Attorney. Motion carried, 4-1, with Councilwoman Scott dissenting.

CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING

24. An Ordinance of the City of Highland Authorizing Notification to the Department of Housing and Community Development for the Cancellation of Enforcement Responsibility for the Mobile Home Parks Act and the Special Occupancy Parks Act

Mayor Lilburn opened the public hearing.

City Manager Hughes gave a brief review of the staff report.

Councilwoman Scott asked why the city is willing to hand over the Mobile Home Parks Act to the state when we have a lack of response from them?

Councilman Timmer stated the state legislature has set the fee structure for what you can collect fees for annually from mobile home parks. The Finance Subcommittee looked at what the service to provide inspections would cost the city and the amount of time to do these inspections. The revenue we would collect versus the inspections that need to be done was a significant difference in revenue.

Mayor Lilburn stated there are no speakers in favor or in opposition therefore the public hearing is closed.

A MOTION was made by Councilman McCallon, seconded by Mayor Pro
Tem Jones, to adopt Ordinance No. 327 to notify the Department of Housing and Community Development to cancel the City enforcement responsibility for the Mobile Home Parks Act and the Special Occupancy Parks Act. Motion carried, 4-1, with Councilwoman Scott dissenting.

ORDINANCE NO. 327

AN ORDINANCE OF THE CITY OF HIGHLAND, CALIFORNIA, AMENDING SECTION 8.16.010 OF THE HIGHLAND MUNICIPAL CODE AUTHORIZING NOTIFICATION TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR THE CANCELLATION OF ENFORCEMENT RESPONSIBILITY FOR THE MOBILEHOME PARKS ACT (HEALTH AND SAFETY CODE SECTION 18200 ET SEQ.) AND THE SPECIAL OCCUPANCY PARKS ACT (HEALTH AND SAFETY CODE SECTION 18860 ET SEQ.)

CITY COUNCIL/REDEVELOPMENT AGENCY LEGISLATIVE

25. GIS Management Support Services

Assistant Public Works Director Barton gave a brief review of the staff report.

A MOTION was made by Mayor Pro Tem Jones, seconded by Councilwoman Scott, to approve the Professional Services Agreement with Psomas for GIS Management Support Services and to authorize the Mayor to execute the agreement. Motion carried, 5-0.

26. Engineering Design Services for Greenspot Road Infrastructure Improvements

City Engineer Wong gave a brief review of the staff report.

Councilman McCallon stated the staff report does not indicate staff has reviewed the proposed fee and whether or not the fee is reasonable.

City Engineer Wong stated the proposed fee is comparable to the fees that the developer’s consultant had once proposed.

Councilman Timmer stated we had looked at some concept drawings for landscaping and this contract will include working contract design, correct.

City Engineer Wong stated this is a construction plan for all the civil engineering type of improvements.

A MOTION was made by Councilman McCallon, seconded by Councilman Timmer, to accept the proposal from Associated Engineers for engineering design services for Greenspot Road infrastructure improvements. Motion carried, 5-0.

27. Appointment of the One (1) Vacancy on the Community Trails Committee

City Clerk Hughes opened the floor for nominations.

Councilman McCallon nominated Kevin Grimes.

Councilwoman Scott seconded the nomination for Kevin Grimes.

A MOTION was made by Councilman McCallon, seconded by Councilwoman Scott, to appoint one (1) member of the public, Mr. Kevin Grimes, to the Community Trails Committee with terms ending October 2008. Motion carried, 5-0.

28. An Urgency Ordinance of the City of Highland Amending Section 8.16.010 of the Highland Municipal Code Authorizing Notification to the Department of Housing and Community Development for the Cancellation of Enforcement Responsibility for the Mobile Home Parks Act and the Special Occupancy

City Manager Hughes gave a brief review of the staff report.

A MOTION was made by Councilman McCallon, seconded by Mayor Pro Tem Jones, to adopt Ordinance No. 328 to notify the Department of Housing and Community Development effective immediately to cancel the City enforcement responsibility for the Mobile Home Parks Act and the Special Occupancy Parks Act. Motion carried, 5-0.

ORDINANCE NO. 328

AN URGENCY ORDINANCE OF THE CITY OF HIGHLAND, CALIFORNIA, AMENDING SECTION 8.16.010 OF THE HIGHLAND MUNICIPAL CODE AUTHORIZING NOTIFICATION TO THE CALIFORNIA

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

FOR THE CANCELLATION OF ENFORCEMENT RESPONSIBILITY FOR THE MOBILEHOME PARKS ACT (HEALTH AND SAFETY CODE SECTION 18200

ET SEQ.) AND THE SPECIAL OCCUPANCY PARKS ACT

(HEALTH AND SAFETY CODE SECTION 18860 ET SEQ.)

29. Designation of Voting Delegate and Alternate for the League of California Cities Annual Conference

A MOTION was made by Mayor Pro Tem Jones, seconded by Councilman McCallon, to appoint Mayor Lilburn as the Voting Delegate and Mayor Pro Tem Jones as the Alternate, for the annual conference to be held September 24-27, 2008, in Long Beach. Motion carried, 5-0.

30. Update on SANBAG, SCAG, Omnitrans, Work Program and Regional/Legislative Issues/Development Issues/Subcommittees/AB 1234 Updates

Mayor Lilburn stated she attended the SANBAG and SCAG meetings for Councilman McCallon. Omnitrans ridership continues to decline.

Mayor Pro Tem Jones stated the Public Safety Tax Ad-Hoc committee has met a few times and have reviewed all the items that the consultant provided. The determination after reviewing the items is it would be necessary to place the item on the ballot for a vote in 2009. This timeline would allow significant time to prepare the item.

31. San Bernardino International Airport Authority and IVDA

None

ANNOUNCEMENTS

Councilman McCallon suggested the Public Safety Subcommittee review red curbing and no parking for sale vehicles in front of the AM/PM Service Mart on weekends.

July 15-18, 2008 Public Safety Appreciation Week

July 22, 2008 . Study Session with Vestar and Mission Development

August 1, 2008 Volunteer Dinner

August 12, 2009 2008 Housing Element Study Session

CLOSED SESSION

At 7:13 p.m., the City Council and Redevelopment Agency convened into closed session regarding the following:

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Pursuant to Government Code Section 54956.8 regarding the following property:

Property: APN 1201-341-14

Negotiating Parties: Joseph Hughes, City of Highland

Maria Tobin

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

At 7:29 p.m., the City Council and Redevelopment Agency convened into open session, with all members present, making no announcements.

ADJOURN

There being no further business, Mayor Lilburn adjourned the meeting at 7:31 p.m. in memory of Nola Stock Stump and Ken Cimino.

Submitted by: Approved by:

____________________________ _________________________________

Betty Hughes, CMC Penny Lilburn

City Clerk Mayor

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