MINUTES

11. Bid Award – Bid No. 2008-07 “Cypress Street Improvements Project” and Bid No. 2008-08 “Seventh Street and Sterling Avenue Improvements Project”

Awarded the contract for Bid No. 2008-07 “Cypress Street Improvements Project” and Bid No. 2008-08 “Seventh Street and Sterling Avenue Improvements Project” to C.S. Legacy Construction, Inc.

12. 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.

13. Award of Bid Number 2008-10 “Portable Exhibit” for the Highland Sam Racadio Library and Environmental Learning Center to Margeorge, Inc., DBA Skyline Orange County

Awarded Bid No. 2008-10 “Portable Exhibit” for the Highland Sam Racadio Library and Environmental Learning Center to Margeorge, Inc., DBA Skyline Orange County.

14. Award of Bid Number 2008-11 “Acoustical Art” for the Highland Sam Racadio Library and Environmental Learning Center to Universal Exhibits

Awarded Bid Number 2008-11 “Acoustical Art” for the Highland Sam Racadio Library and Environmental Learning Center to Universal Exhibits.

CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING

15. City of Highland General Plan Amendment (Land Use Map – Base Line Corridor Policy Area Amendments), Zone change (R-2C [Corridor Residential] and PD [Planned Development] Modifications Consistent with General Plan Amendments), and Various Municipal Code Amendments to Title 16, Land Use and Development Code. General Plan Amendment (GPA-008-001), Zone Change (ZCO-007-001) and Municipal Code Amendment (MCA-008-005)

Mayor Lilburn opened the public hearing.

City Planner Larry Mainez stated a couple of items before the presentation is started. He handed out a bright green flyer which breaks down the items that will be discussed, to simplify the motion. He knows the staff report has a lot of items so this is to keep everyone on track. The other item is in the staff report, on page 13, there is a resolution for the general plan amendment and he noticed he inadvertently left out Exhibit 4 and also distributed the Exhibit 4 which just includes

those tables that we want to put in the land use element to reflect the square footages that were many tonight. The other item is on page 31 of the staff report, the ordinance to amend the non-conforming provisions of our code, section 2, B1, states second line planned commercial districts south Sixth Street. Tonight we will strike that out. We are not going to consider that for discussion for procedural issues as staff mistakenly did not notify everyone within the area.

Mayor Lilburn inquired why this is being removed.

City Planner Mainez stated staff did not correctly notify all the property owners that would be affected by this change. We will show this correction in the second reading. Tonight the Planning Commission is recommending City Council approve changes to our Base Line Corridor Policy Area. The zoning map is referred to as R2C. Council established the R2C subcommittee late last year. They met a couple of times in July. The Planning Commission currently had the opportunity to review those recommendations. In fact before you tonight you have a map in your staff reports that reflects not only the R2C Subcommittee but only changes by the Planning Commission.

Mayor Lilburn stated so once it went to the Base Line commercial task; R2C Subcommittee then the Planning Commission reviewed it.

City Planner Mainez stated correct. What he thought he would do, if Council would like is to do a walk through the map. He would like to introduce Sean in the audience. During the Planning Commission meeting we asked the business and property owners to gather around Sean as he went through the maps. Tonight there are no property owners or businesses out there. We are going to start on the very east end and its starting on the north side is the Base Palm Apartments, the existing apartments that are very close to the Police Station. Let me explain the notations to you. The white references on the map, there are two levels. The top level is zoning and the bottom is the general plan. We just made it simpler so we did not have to create more maps. Planning Commission recommended that the zoning on that apartment be changed to reflect the density. So what we are doing is R2C to an R3. Going further west, next to that, there is an existing shopping center that has a chiropractor in there, beauty salon and a boutique. We are going to be changing that back to commercial.

Councilwoman Scott stated the red is basically . . .

City Planner Mainez stated the recommended changes.

Councilwoman Scott stated the red is basic commercial; the orange is the R zones.

City Planner Mainez stated correct, the orange outline is all of the R2C that is currently there. The red is representing so that it pops out what the Planning Commission is recommending tonight. Now we are at the Fire Station, pass the Fire Station there is an office complex and a convenience store at the corner of Central and Base Line. That corner now will be changed to general commercial. Now let’s go past Central since there are no changes on the south side, so if you go past Central, north side, there is a yellow dotted line. This represents the zoning on the north side. It’s all single family residential zoning. Facing Central are about three houses that take access off of Central. Planning Commission concurs that we should change it back to low density single family residential. Now let’s go to the corner and as you can see this red configuration represents the auto repair shop. There is a complex for mostly auto services, light industrial. We are changing that from R2C to general commercial. Past the AT&T there is a large vacant lot and then you are going to run into the used car lot.

Mayor Lilburn stated going back to the AT&T, what’s that going to be.

City Planner Mainez stated we are maintaining that as R2C because it is a utility facility. No change.

Mayor Lilburn asked why would we have R2C and then commercial on each side?

City Planner Mainez stated those types of facilities are really committed to just about anywhere in the city because they are utilities. You don’t go there for services; it houses switching equipment.

Councilwoman Scott stated that whole L shaped is not AT&T.

City Planner Mainez stated that is correct, let’s go back to that red L shape that is an auto service.

Councilwoman Scott stated she knows what that one is, she is looking at the one that is heading west, the orange one.

City Planner Mainez stated that will maintain as R2C, medium density, all the vacant land including the AT&T facility.

Mayor Lilburn stated she does not understand why.

Councilwoman Scott does not either.

Councilman Timmer stated maybe he will give some background of what the Ad Hoc meeting and some of the premises we operated under. What we did is, as you recall, there was a Planning Commission member and a Design Review member and himself representing the committee. What they looked at was the current use of the property.

Mayor Lilburn stated the current one before the general plan change.

Councilman Timmer stated no, the current use as it is today physically on the ground. We looked at those particular properties and said is that the same as the R2C. If it wasn’t, let’s reflect what actually is there, for example, the apartment complex varied and obviously that can’t be R2C because it is a higher density. We changed it to reflect what actually is on the ground. We went all the way from the east end to west end doing that. When we came to areas that were vacant land we said well we’ll just leave that R2C because most of those are in the middle of the block. They are not on corners, they are mid-block, so we just decided to leave it. Do you remember the whole controversy was based on changing, eliminating the existing uses of the businesses in town? We decided to reflect on what is on the ground and basically don’t change anything that is vacant. You can see that this particular parcel is vacant except for the AT&T facility and they can be in any zone.

Mayor Lilburn stated will that allow for our prior study session, that these reflect what we planned for. We planned for R2 and that should meet our goal.

Councilman Timmer stated the stuff that’s remaining as he interprets is the R2C will certainly be numbers we look at for density levels and stuff to meet some of those numbers.

Mayor Lilburn stated as long as we plan for it.

Councilman Timmer stated there is nothing that will prohibit, for example, if the auto dealer wants to expand, come in with a plan for a zone change and each project will be reviewed independently. So we basically took vacant land and said rather than change it to commercial, we will leave it the existing residential use. That’s how we handled it.

Councilwoman Scott stated the little L shape is right next to a nice little block of red which is the auto dealer and she can’t fathom why in the world we are putting residential on Base Line which is such a busy street. People trying to come out of the street, out of their driveways to get anywhere is a disaster waiting to happen. We are not allowing for that auto dealer shop to expand to the east if they were to desire.

City Planner Mainez stated yes, they could do a zone change.

Councilwoman Scott stated and they would have to pay for a zone change. As long as we are doing this and that was Base Line commercial why don’t we . . .

Mayor Lilburn stated also Mac’s Spring Shop; she does not see that they are there.

Councilwoman Scott stated Mac’s Spring Shop the same thing. Mac’s Spring Shop is commercial but the property right next to it that has the corner at Olive and Base Line, it is orange. We are prohibiting Mac’s Spring Shop from expanding as they would like to do unless they come into the city and pay more money for another zone change. We are doing the zone change. Let’s do it all now.

Councilman Timmer stated one of the objectives of the general plan listed is that we create commercial nodes at intersections. The intent wasn’t to have basically everything from Boulder to Del Rosa as commercial. There are some areas that are mid-block that are appropriate to be some kind of residential. However, that does not prohibit the owner of the property to come in with a zone change and submit, based the individual merits, a plan to be reviewed to see if it is an appropriate use mid-block.

Councilwoman Scott stated on Central Avenue to Hillview on the eastern end is red, which is commercial and the western end is red, which is commercial and then the R2 is in the middle. Why don’t we let that be commercial also?

Mayor Lilburn stated if they wanted to change to R2 they can come and file a zone change.

Councilwoman Scott stated and then if someone wanted to come in and build houses on Base Line, which she doubts, then they could come in and make a change. Help our commercial out and the same thing with Mac’s Spring Shop to Olive, at least to Olive because that is an intersection.

Councilman Timmer stated he understands what is being said. However, we had to start with some premise. All we can say is make everything general commercial on Base Line, north and south from one end of the city to the other and that personally does not make sense because again, one of our objectives in the general plan is to create commercial at major intersection nodes and have other uses between those.

Councilwoman Scott stated what she has a problem with, since she lives on this side of the city, is all of our commercial, everything that the City is approving which is wonderful, is all east of Palm, east of Palm and Fifth and then down Greenspot and over there. Over here on this end of the city, we don’t have anything. We’ve got the little strip right here across from City Hall and that’s it.

Councilman Timmer stated he is not sure what the point is.

Councilwoman Scott stated her point is . . .

Councilman Timmer stated we’ve had this land that is being zoned Base Line commercial for 30-40 years. Nothing has been developed.

Councilwoman Scott stated okay, but you have land on the east end of Highland that has been vacant land, wash land and nothing has been done for 50-60 years.

Councilman Timmer stated he is not saying what is correct or not. He is just saying the logic we used to make the recommendations to the Planning Commission. Council is in public hearing to review that and if you want to change it all back, it takes three votes to do that.

Councilwoman Scott stated the two sites from Olive to Central. We can go ahead and discuss the rest of the . . .

Councilman Timmer stated before we start changing things, he would suggest we go through the whole process, listen to the public testimonies and before we start making decisions, we need to listen to the public testimonies to do that.

City Planner Mainez stated we are here at the used car dealership on Hillview. Across from that is Mac’s Spring Shop, as was indicated, existing use again going back to general commercial. Now we are going towards Olive Street. There used to be an old bar there which has been removed and is vacant, that will still remain as R2. Now let’s go past Olive, currently under construction, Dr. Leona Williams owns this property. She is constructing three units there. Now let’s go further west, Stafford’s Painting, there is an old house there that he is using an office, more of a contractor’s yard. Stafford’s Painting is on Vine and Base Line. The Planning Commission is recommending that we keep that as R2C.

Mayor Lilburn stated if we have a business there, why would we zone that R2.

City Planner Mainez stated the discussion at the Planning Commission was this. He has indicated to staff that business is very slow and he’s going to downsize. He wants to do a home occupation, run his business out of his home and he does not know what he is going to do with his trucks but the property is for sale. He is assuming we would want to keep it commercial. Planning Commission wants to turn it back to residential. There is an old house on there. It used to be a craft store.

Councilwoman Scott stated on our map it is not red, the orange color is all the way.

City Planner Mainez stated Council’s map is what the Planning Commission is recommending.

Mayor Lilburn inquired if staff spoke with Stafford’s Painting because she noticed only three people commented during the public hearing.

City Planner Mainez stated correct, he will talk about one comment that was not included and he believes she is in the audience. She will probably want to talk about her property. Let’s go past Vine Street, there is an old building there that was going to be proposed to be a Boat and RV Sales, never came to fruition. At one time there was talk about building houses on that site too. Planning Commission wants it all R2C, all the way to San Francisco. Now we go past San Francisco there’s some existing businesses. There is a lawn mower shop, there’s an iron fencing company and then there’s an appliance repair shop. Again, recommending that be changed to general commercial. A little unusual change by both the subcommittee and Planning Commission was to change the small part of the mixed use district, which is outlined in purple, to a commercial use. We would get that frontage along Base Line to maybe connect from parking and access and hopefully maybe reduce some of the curb cuts. That’s kind of the discussion.

Mayor Lilburn asked can’t we put commercial in the mix too?

City Planner Mainez stated you can.

Mayor Lilburn asked if staff talked to the property owner; did he comment?

City Planner Mainez stated notices were sent. He doesn’t believe he commented.

Councilwoman Scott stated here we’ve got that little thing that makes the frontage along Base Line commercial but then back up to the other side of the lawn mower shop and the iron works shop where the old variety store used to be that was on Base Line and Vine and you’ve got that as residential. Again, that’s Base Line frontage.

Mayor Lilburn stated that is general commercial, correct.

City Mainez stated the old Staffords’ Painting is now residential.

Mayor Lilburn stated Staffords’s Painting is R2C.

City Mainez stated correct.

Mayor Lilburn stated but as you go west . . .

City Planner Mainez stated now we are getting close to Victoria and this is discussion of the nodes. The general plan wanted to create these major nodes, commercial nodes, and this is a prime location. So, that does make sense from Planning to continue that all the way to San Francisco.

Mayor Lilburn stated why can’t we continue the mixed use all the way to San Francisco.

Councilwoman Scott stated but mixed use also has a housing element in it.

City Planner Mainez stated that is correct, we could do that or you could do a mixed.

Councilwoman Scott stated so actually the planned commercial is the only thing she feels safe with and having any commercial over here because that mixed use could be commercial or housing.

City Planner Mainez stated now no changes in the south side, so let’s go past . . .

Mayor Lilburn stated no changes on the P.D. on the P.C and TC, okay.

City Planner Mainez stated correct, let’s go past Victoria, again keeping with the concept of the general plan to create the nodes, the Planning Commission with the assistance of the subcommittee, wanted to create a node here, mid-block, and the predominate commercial uses on, he’s talking about the south side again, where K&L Hardware is.

Councilman Timmer stated we didn’t change any of that stuff. None of that was changed.

Mayor Lilburn stated okay that was R2 and it’s staying R2.

Councilman Timmer stated the only thing that we’ve changed or made proposals on are the ones that have white writing. All the others we did not change.

City Planner Mainez stated let me start over. Let me stay on the north side. The large blank piece of land on the north side here is not shown because it is an old aerial but the Gardner Tract, the 24 lot subdivision, is here with the park. We are not changing anything up to past the mobile home park and now he’s not sure what this is called as he can’t remember the name of the apartments but these are existing apartments and what we are doing is just changing to reflect the density. So, it’s R2, C2, R3. Let’s go past the apartments and there are about eight acres of vacant land that the Planning Commission is recommending we change that from Planned Development to R2C and create some kind of housing in that area.

Councilwoman Scott stated how does planned development differ from planned commercial and mixed use.

City Planner Mainez stated planned development is a very unique district that allows through a specific plan or conditional use permit to dictate the use. It could all be housing, it could all be commercial and planned commercial has to be commercial and mixed use could be both. Let’s go to the south side and we will start on Sterling.

Mayor Lilburn stated do you want to just continue to the north so we can finish this out.

City Planner Mainez stated let’s just finish the south side up if Council doesn’t mind. We are on Sterling and Base Line, so let’s work our way back on the south side. First change occurs on Rogers Lane on the south corner there. There is a furniture store and then past the furniture store, it is vacant. Just the furniture store is being changed to general commercial. Then we go east past the vacant lot and now we’re up to Guthrie Street. At that corner there is the old costume shop and then there is a video store and all that stuff. That little block will be changed back to general commercial. The property owner of the vacant lot was here last time and they are okay with the residential designation. There might be a property owner that owns the corner here at Guthrie and Base Line that might want to talk about his property. Now, let’s move past to these apartments. Again, just changing to reflect the zoning or density so that’s changed from R2C to R3 and now just past those apartments there is some scattered commercial, there’s a liquor store, there’s a Thai Restaurant, there’s a carpet shop and a 99 cent store. As you move further east, there are some housing and very deep properties with mobile homes and then you get to K&L Hardware. Past K&L Hardware is Base Line Buggies and from Base Line Buggies that’s where it stops.

Mayor Lilburn stated and that’s all RC.

City Planner Mainez stated and that will be changed to general commercial. See the red outline, that’s representing the change to general commercial.

Councilwoman Scott asked doesn’t Lankershim go up to Base Line?

City Planner Mainez stated no it does not. Okay, let’s go to the last section.

Mayor Lilburn stated and there’s no change on that.

City Planner Mainez stated there are a lot of changes on that.

Mayor Lilburn stated so you go past Base Line Buggies and then there’s that no change and then the one to the east is R2. What’s there right now?

City Planner Mainez stated that is a mobile home park and just before you get to that mobile home park, that’s the Gardner’s nine lots. Okay, let’s go to the last section past Sterling, west of Sterling Avenue to Del Rosa. Again, you can see the commercial node that we are trying to develop here on all four corners. Basically just a quick summary, everything that you see outlined in orange the Planning Commission is recommending that we change all that to general commercial.

Mayor Lilburn stated everything outlined in orange.

Councilwoman Scott stated all the way to Del Rosa Drive.

City Planner Mainez stated starting at where the purple ends, that’s the planned commercial district and then wherever there is an orange outline that’s representing the R2C district. He’s really talking both sides at this point. Look’s like most of it is going to be general commercial.

Councilman Timmer stated the committee did not recommend that. The Planning Commission recommended that. The committee’s recommendation was from the wash going west going to where the little jog is in the arrow. It’s going to be R2C because that’s basically vacant land. There are a few businesses but they are so small, however, the Planning Commission for whatever reason chose to make that all commercial which I still don’t understand.

Mayor Lilburn stated what did the committee want to do.

Councilman Timmer stated he would go with his recommendation, from the wash going west until you get to the appliance store on the corner. Initially we had that zoned all R2, all through there.

Mayor Pro Tem Jones stated at the corner of Osbun and Base Line on the northeast corner is a sign shop and a bar.

Councilman Timmer stated again, most of it is vacant land.

Councilwoman Scott stated prior to the general plan being changed before we had this meeting to change it back, all of this property you’re talking about here was Base Line commercial and a lot of these people lost that property with the commercial designation which had a better resale, better investment value than an R2 on a busy street like Base Line.

Mayor Lilburn stated would you mind walking us through and so was it already general commercial and then we rezoned it, I mean R2.

City Planner Mainez stated let me walk you through it.

Councilman Timmer stated the old plan we adopted, everything from the purple all the way to Elmwood on the north side was R2C.

City Planner Mainez stated everything to Elmwood, correct on the north side.

Councilman Timmer stated so what we did was we changed some of those to be reflected what was there. The properties that were primarily vacant land we left as R2C.

City Planner Mainez stated Councilman Timmer is speaking from the perspective of the Ad Hoc Committee. He is representing the Planning Commission’s recommendation. Basically they agree with the Ad Hoc using that river and that’s how they started. Now let’s cross Osbun, that property from Osbun to Del Rosa is owned by the Darwish Family. They own that entire site.

Mayor Lilburn stated and they want to keep that general commercial.

City Planner Mainez stated the Planning Commission has recommended that they re-change that general commercial. They do have some commercial plans in our office for preliminary comments and that is part of the discussion with the Planning Commission.

Mayor Lilburn stated because we did ask for their public input and that’s part of the reason we are.

City Planner Mainez stated that’s right and so the Planning Commission felt it needs to be revitalized. Again, if you go, there’s an existing strip commercial between Del Rosa and Elmwood. That’s from R2C to general commercial. He needs to mention, if you go up on Base Line and Osbun there is a commercial use, it’s called Pro Auto Electric and you’ll note on your map that the Planning Commission took that line up just above the Darwish family’s property and it is represented on that little jot on Osbun. We want you to consider tonight that is changed from a single family residential to a general commercial. We are pretty much done, just that strip commercial.

Mayor Lilburn stated let’s jump across the street on the south side.

City Planner Mainez stated a good starting point is the Knights of Columbus, outside the city limits obviously, and then a repair shop. So, again, same thing there is some repair shops all the way to Warm Creek, so there is already existing commercial. Planning Commission is recommending we change from an R2C to general commercial. Just past Warm Creek there is a vacant lot and again, we are going to keep that. Now let’s go to Goldondrina, there’s an adult bookstore on the corner and Planning Commission is recommending we take that all the way to the tire shop, I believe to Elm Street, and make that general commercial. Now he wants to point out there is a yellow jog, the yellow jog just south of the adult bookstore, on Goldondrina, there are currently two houses there. So, the Planning Commission wants to take the R1 zoning all the way up to the adult bookstore.

Councilwoman Scott stated shouldn’t we make that adult bookstore all orange, just like all the rest, that would be a good idea.

Councilman Timmer stated it is being designated general commercial.

Mayor Lilburn stated it is, right there where the R2 to the GC.

Councilman Timmer stated the yellow indicates there’s two or three single family existing houses. We want to reflect again what was actually there, that’s why we changed that.

Councilwoman Scott stated why wouldn’t you go on up and that one little section, since you got the R2 surrounding it except for this one little corner. This little funny shaped thing, this you’ve got commercial but all of this is the orange so why wouldn’t you want to go and make that into the R2.

Councilman Timmer stated there are existing businesses there so we left that commercial.

Councilwoman Scott stated because that’s what it is right now.

Councilman Timmer stated yes. You’ve got R & R Tire and you’ve got the Adult Bookstore and that’s why it was left commercial.

City Planner Mainez stated and that’s all the Planning Commission’s recommendations.

Mayor Lilburn stated okay, she thinks there are a couple of comments. Right now she will leave this for speakers in favor of the proposed project and she only has one speaker slip as of right now. If you would like to speak on this, please fill out a speaker slip. So, the one in favor of is Amar Hatti, you are representing Darwish.

Mr. Amar Hatti stated . . . . (cannot hear his statement).

Mayor Lilburn stated your comment was that you wish to remain as it is proposed.

Mayor Pro Tem Jones stated he agrees with the recommendation.

Councilman Timmer stated the Planning Commission’s action.

Mayor Lilburn stated anyone else wishing to speak on this, please come to the podium.

Mr. Ammar Darwish stated he and his family own property on Del Rosa and Base Line where the appliance shop is. It would be best served if it were residential of some sort. He has received a uniform response from everybody. Now we have a business and we go back to residential, the history on that land has always been commercial, it has never been residential. Nobody is going to invest money to make that place residential, therefore, it will be non-conforming use, meaning there can be a business there forever but we cannot change or improve whatsoever. That means it actually counteracts what the city wants, the city wants the place to be improved. If we go back to residential it’s not going to improve, no improvement is going to happen, only because no one is going to put money into something that is not going to work. Being commercial opens the possibility for all kinds of changes and it would be confirming what the city wants which is improving that area. That would be what the Planning Commission voted on July 15, 2008, and actually consist with their plans and the city goal which is improving that corner right there. We were called a junkyard. We agreed to make it residential and it would never change.

Mayor Lilburn stated our solution is to put our head in the sand and leave it a junk yard.

Mr. Ammar Darwish stated absolutely not but what the Planning Commission recommended and voted on July 15^th was to make it commercial and that would open the possibility for moving that junkyard and making something much better. What the Planning Commission voted on July 15^th is consistent with his goals and city goals of improving that corner.

Mayor Lilburn stated she is very familiar with that territory and you have had it for a long time because she has had experiences with Mr. Darwish and it seems maybe you could improve this to improve our city.

Mr. Ammar Darwish stated we would love to. We tried to rent to a car lot and people come to the city to get a license. They come to us and we do a contract and they come to the city, the city rejects them. It’s not zoned for commercial. Once it becomes commercial we can rent it and somebody could improve it. That would take care of that area.

Mayor Lilburn stated but since you haven’t had any luck revitalizing it as a commercial perhaps re-zone.

Mr. Ammar Darwish stated he understands perfectly what is being said. We haven’t had any luck up until now to do it. Making it residential, nobody will ever have the luck to change it, us or anybody else. Even if we sell it to somebody else nobody is going to be able to build houses over there. It’s not a place to do residential in that area. Being commercial opens a chance for us or investors to make it into a much better place. We are on the same page as the Planning Commission.

Ms. Pat Coffee stated . . . (cannot hear her statement).

City Planner Mainez stated is your question why is there a red dot on her property. It was intended to say that someone has issues or comments on that property. It is for his eyes for when he presents.

Ms. Pat Coffee stated that property prior to the general plan vote it was commercial, commercially zoned. She is not sure she made that clear before that it was zoned commercial and as it was mentioned earlier a lot of commercial is going on towards the east. We really could use some commercial possibilities on the west side and because that was commercially zoned prior to the vote in 2006, it’s changed to low density at that point.

Mayor Pro Tem Jones asked wasn’t half the property zoned commercial.

Ms. Pat Coffee stated 4.3 acres; the other four acres were residential.

Councilwoman Scott asked where is the land behind this property that the school bought that is totally landlocked. When the school tied up your property and you couldn’t do anything because they had first dibs on it. They did go ahead and buy two acres but it’s totally landlocked.

Ms. Pat Coffee stated exactly, 2.7 acres and its right there at the end of Crest Street.

Mayor Lilburn stated okay and we zoned that R1 for residential. She has no more speaker slips is favor of, do we have any speaker slips in opposition of the proposal.

Ms. Evelyn Cofranseco stated she thinks it is ridiculous to have residential area and business property on a major street with the pollution and crime. It’s no place for anybody to live. As you go down west Base Line there is more crime than up on the east end. There cannot be people living on a busy street with all the pollution coming from the car and the noise and on the west side of Base Line there’s in the newspaper everyday someone has been stabbed, somebody shot, somebody’s car stolen. It’s wrong to put residents on a busy major street with the noise and pollution. People get ill from the pollution. All the lead coming from the gas and tires going into everybody’s home is wrong. Do not put residential on a busy major street.

Mayor Lilburn stated at this time she will close the public hearing for this item and open the floor for Council discussion.

Councilman Timmer stated his recommendation is to go with the Planning Commission recommendation. I had some discrepancies with it, however, they gave some thought to doing what they’ve done and I support what the Planning Commission has done.

Councilwoman Scott stated so that’s the recommendation.

Mayor Lilburn stated it’s everything on the map.

Councilwoman Scott stated the Del Rosa to the Sterling, going with that recommendation.

Councilman Timmer stated everything on the map that is proposed by the Planning Commission.

Mayor Pro Tem Jones stated he would agree with that with the exception of a few where we are intersecting some residential along there. He has never believed that Base Line would be a residential street and unless we had larger pieces of property where in fact we could do like the Gardner Tract or a larger apartment complex of that type then he would agree with that. Most of this area along here is very shallow in depth and only lends itself to a typical strip type mall or strip store that would go along there. I agree with the woman who spoke in the fact to put more residential on Base Line is just not prudent and in the best interest of the City of Highland or those residents who may or may not choose to live there. I would go with that with the exception that changing it to residential housing.

Mayor Lilburn stated so, anything that’s proposed to putting it R2C you are against.

Mayor Pro Tem Jones stated yes.

Councilman Timmer stated what about some of the larger parcels.

Mayor Pro Tem Jones stated larger parcels I would agree.

Councilman Timmer stated now we need to define what a large parcel is.

Councilwoman Scott stated okay, that would be just the smaller ones to the north. So basically you want to start at the end of the apartments that are coming west from Cole, the R2C to R3, that’s the apartments, keep them, and then you go the next one which is the little tiny thing that’s a R2C and beginning of the commercial and then go ahead make the rest of it commercial from Central to Olive.

Mayor Pro Tem Jones stated it will all be inclusive to be general commercial.

Councilwoman Scott stated okay, that one lot on Olive we can’t change because there are already two houses that are started but how about Stafford’s and the other that goes down past San Francisco, that block right in there.

Mayor Lilburn stated well we are still talking about the eastern side of Olive right now.

Councilwoman Scott state we are only east of Olive right now.

Mayor Pro Tem Jones stated east of Olive, all commercial, consist all along with the exception of the apartments.

Councilwoman Scott stated okay, I will go along with that.

Mayor Lilburn stated she doesn’t know, she thinks the apartments should be re-zoned. Those are . . .

Councilman Timmer stated to what.

Mayor Lilburn stated put them into commercial.

Councilman Timmer stated you are going to create more narrow strip commercial projects.

Mayor Lilburn stated no, but what if someone bought, are you talking about the one’s behind Cottrell’s house, and is that what those are.

Councilwoman Scott stated no. Those are the ones over here on Hillview.

Councilman Timmer stated those aren’t even included in the plan.

Mayor Pro Tem Jones stated now we go on down to Olive west, Stafford’s, and Stafford’s should stay commercial and that is a residential building that was converted to a commercial use which is currently being used commercially. If they come in and say they want to do something different than what it is being used as, then let’s address it at that time.

Councilwoman Scott stated I was going to Stafford and then right to the next one to San Francisco.

Mayor Pro Tem Jones stated yes, the five and dime store.

Councilwoman Scott stated it’s a mess but if we put it commercial maybe there will be an incentive to do something.

Mayor Lilburn stated when he had it he wanted the adjacent sites to be re-zoned so he could expand so maybe with the leverage of expansion.

Councilman Timmer stated Stafford’s is going out of business. He is going to move the business to his home. Again, the committee did recommend that property would be commercial, however, the Planning Commission because of the current activity there or lack of activity that’s maybe going to occur to change that. So basically everything from San Francisco, going east, behind the paint property changes back to R2C and then from Olive all the way to Central all changes back to general commercial.

Councilwoman Scott stated actually it would be from San Francisco to Olive changing it back to commercial.

Councilman Timmer stated no, we have the Williams’ property that is under construction with houses on it. If we change that again, we are going to create non-conforming products and the whole reason we formed a committee is because of concerns from the folks that were creating a bunch of non-conforming properties within the city and to create another one now makes absolutely no sense.

Councilwoman Scott stated well we can’t do anything about that one.

Councilman Timmer stated so that’s why you delete that portion of R2C.

Councilwoman Scott stated well she agrees with that and the only other addition she would make is she would make the property of the 8+ acres of the former Coffee property included with the general commercial just above it if there were two acres of that property were residential, okay go ahead and make that residential but she feels that property has been mishandled, misused, abused and everything else for years.

City Planner Mainez stated Pat Coffee’s property and any discussion on that is somewhat outside the boundaries of this discussion and in terms of noticing and analyzing CEQA so certainly you can provide direction.

Mayor Lilburn stated let’s not get into this discussion since it’s not a part of this.

Councilwoman Scott stated she would like to bring the issue back to Council.

A MOTION was made by Councilwoman Scott, seconded by Mayor Pro Tem Jones, to:

1. Adopt a Negative Declaration and instruct the City Clerk to file a Notice of Determination with the County Clerk of the Board;

2. Adopt Resolution No. 2008-039 adopting the City of Highland General Plan Amendments, to portions of the Land Use Elements (Chapter 2) (GPA-008-001) related to the Base Line Corridor Zoning District as amended.

3. Adopt Ordinance No.329 amending the City’s Zoning Map consistent with the General Plan Amendments related to R-2C (ZCO-007-001) as amended. Motion carried, 3-1, with Councilman Timmer dissenting and with Councilman McCallon being absent.

RESOLUTION NO. 2008-39

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HGIHLAND, CALIFORNIA, determining that a Negative Declaration is the appropriate environmental documentation for the proposed General Plan Amendments, and direct Staff to file a Notice of Determination with the County Clerk of the Board; adopt the General Plan Amendments to portions of the Land Use Element (Chapter 2)(GPA 008-001) RELATED TO THE Base Line Corridor

Zoning District

ORDINANCE NO. 329

AN ORDINANCE OF THE CITY OF HIGHLAND, CALIFORNIA AMENDING THE OFFICIAL ZONING MAP AS ADOPTED BY THE CITY OF HIGHLAND

City Planner Mainez stated the next item is your motion number two and it is very briefly described on page 5 of the staff report. Very simply, you are taking out the special provision, the CUP, the special provision for R2C existing businesses. We are just taking that out because there really isn’t any other use for that because they have been zoned commercial pretty much tonight. So we are recommending we strike that, that’s the simple explanation. It’s amended to take out that special use provision.

Councilman Timmer stated if you recall when this issue came up, we came up with special language to protect existing businesses but that no longer needs to be there so we are striking that.

City Planner Mainez stated correct.

A MOTION was made by Councilwoman Scott, seconded by Mayor Pro Tem Jones, to:

1. Determine the previously Adopted Negative Declaration is adequate; and

2. Adopt Ordinance No. 330 Amending Section 16.08.150 Non-conforming Parcels, Uses and Structures, and Repealing Section 16.08.155 Special Non-conforming Uses and Structures Permitted as Conditional Uses of Title 16 (Land Use and Development) of the Highland Municipal Code, as amended. Motion carried, 4-0, with Councilman McCallon being absent.

ORDINANCE NO. 330

AN ORDINANCE OF THE CITY OF HIGHLAND, CALIFORNIA,

AMENDING SECTION 16.08.150 NON-CONFORMING PARCELS,

USES AND STRUCTURES, AND REPEALING SECTION 16.08.155

SPECIAL NON-CONFORMING USES AND STRUCTURES PERMITED AS CONDITIONAL USES OF TITLE 16 (LAND USE AND DEVELOPMENT) OF THE HIGHLAND MUNICIPAL CODE [GENERAL PLAN AMENDMENT

(GPA-008-001), ZONE CHANGE (ZC0-007-001), AND MUNICIPAL CODE AMENDMENT (MCA-008-005)]

Councilman Timmer asked which item are we on now?

Mayor Lilburn stated we are on item number three. This is on the revised agenda item, Flood Plain Ordinance.

Councilman Timmer stated we skipped over item B on page six. We haven’t taken any action on that.

Councilwoman Scott stated okay, do we want to discuss.

Mayor Lilburn stated is this a revised agenda item.

City Planner Mainez stated no, he’s trying to simplify the items.

Mayor Lilburn stated we just did the non-conforming.

Councilman Timmer stated the non-conforming ordinance, as he understood it, was referencing the R2C section.

City Planner Mainez stated that’s as amended. As he mentioned at the beginning of the presentation strike out the planned commercial district as we can’t discuss it because we did not notify property owners correctly.

Mayor Lilburn stated item number 3, Councilwoman Scott was in the middle of a motion.

Councilwoman Scott stated she wants to rescind her motion as she wants an explanation of the flood plain.

City Engineer Wong stated California Department of Water Resource acting as an agent of FEMA has advised the city to modify the city’s existing flood management ordinance so that it would be more consistent with the model ordinance that most cities have already adopted. Basically it amounts to the condition of the existing city flood plain ordinance and then inserting the model ordinance that FEMA has advised us to adopt. The city existing ordinance basically came from the County and has not been updated for many years. This industry standard is to use the model ordinance that most cities are using. What you have on page 35, attachment 4, is the proposed city flood plain management ordinance which has been tailored after the model ordinance recommending by FEMA. The Planning Commission has reviewed this and has recommended approval on this revised ordinance.

Councilman Timmer asked is this referenced to the change based on FEMA’s request that all jurisdictions certify their levees or is this different?

City Engineer Wong stated it is somewhat related. There is a provision in this ordinance that says that the city is adopting the FEMA’s new digital flood plain map which would become effective August 28, 2008, and any subsequent version or revision thereafter. The new digital map has provisions relative to the FEMA issues so by adopting this ordinance we are adopting the new FEMA map and the FEMA map has certain levy being credited.

Councilman Timmer stated last month there was concern of the golden triangle, that the flood plain plan included some of that property. Is that now reflected to show on the digital map that is not included or included?

City Engineer Wong stated the digital map still shows the golden triangle area in what they call shaded zone eight which if we do not do any subsequent analysis we will automatically become zone eight. However, Flood Control is of the opinion that they can change that zone to a regular zone.

Councilman Timmer stated and they may be required to do some improvements on the levees to ensure that designation stays in place.

City Engineer Wong stated correct.

A MOTION was made by Councilwoman Scott, seconded by Mayor Pro Tem Jones, to:

1. Determine the previously Adopted Negative Declaration is adequate; and

2. Adopt Ordinance No. 331 Adding Chapter 16.76 Flood Plain Management, Repealing Sections 16.04.150 Flood Plain Management Administrator and 16.40.460 Flood Plain Development Regulations, and Amending Sections 16.06.010 A Definitions, 16.060.020 B Definitions, 16.06.060 F Definitions, 16.06.120 L Definitions, 16.06.30 M Definitions, 16.06.140 N Definitions, 16.06.190 S Definitions of Title 16 (Land Use And Development) of the Highland Municipal Code as amended. Motion carried, 4-0, with Councilman McCallon being absent.

ORDINANCE NO. 331

AN ORDINANCE OF THE CITY OF HIGHLAND, CALIFORNIA, ADDING CHAPTER 16.76. FLOOD PLAIN MANAGEMENT, REPEALING SECTIONS 16.04.150 FLOOD PLAIN MANAGEMENT ADMINISTRATOR AND 16.40.460 FLOOD PLAIN DEVELOPMENT REGULATIONS, AND AMENDING SECTIONS 16.06.010 A DEFINITIONS, 16.060.020 B DEFINITIONS, 16.06.060 F DEFINITIONS, 16.06.120 L DEFINITIONS, 16.06.130 M DEFINITIONS, 16.06.140 N DEFINITIONS, 16.06.190 S DEFINITIONS OF TITLE 16 (LAND USE AND DEVELOPMENT) OF THE HIGHLAND MUNICIPAL CODE [GENERAL PLAN AMENDMENT (GPA-008-001), ZONE CHANGE (ZC0-007-001), AND MUNICIPAL CODE AMENDMENT (MCA-008-005)

City Planner Mainez stated this is the last item. It is adopting some guidelines that we have been using for years related to lighting and clarity in terms of how to measure heights of walls. We are also adopting a lot merger ordinance and we have been using a lot line adjustment process and now we are codifying an official lot merger ordinance.

A MOTION was made by Councilwoman Scott, seconded by Mayor Pro Tem Jones, to:

1. Determine the previously Adopted Negative Declaration is adequate; and

2. Adopt Ordinance No. 332 Amending Section 16.40.030 Accessory Structures; Section 16.40.100 Fences and Walls; Section 16.40.160 Lighting; and 16.68.220 Lot Merger of Title 16 (Land Use And Development) of the Highland Municipal Code. Motion carried, 4-0, with Councilman McCallon being absent.

ORDINANCE NO. 332

AN ORDINANCE OF THE CITY OF HIGHLAND, CALIFORNIA AMENDING

SECTION 16.40.030 ACCESSORY STRUCTURES; SECTION 16.40.100, FENCES AND WALLS; SECTION 16.40.160 LIGHTING: AND 16.68.220 LOT MERGER OF TITLE 16 (LAND USE AND DEVELOPMENT) OF THE HIGHLAND MUNICIPAL CODE [GENERAL PLAN AMENDMENT (GPA-008-001), ZONE CHANGE (ZC0-007-001), AND MUNICIPAL CODE AMENDMENT (MCA-008-005)]

CITY COUNCIL/REDEVELOPMENT AGENCY LEGISLATIVE

16. Guide Signs for City Facilities on Central Avenue

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

A MOTION was made by Mayor Pro Tem Jones, seconded by Councilman Timmer, to approve the installation of guide signs on Base Line, 9th Street and 5th Street to direct the public to multiple public facilities on Central Avenue. Motion carried, 4-0, with Councilman McCallon being absent.

17. City Council Consideration of a Resolution Consenting to a Joint Public Hearing with the Highland Redevelopment Agency to Consider the Adoption of the Proposed Amendment to the Redevelopment Plan for the Highland Redevelopment Project Area and the Approval of the Negative Declaration Prepared in Connection Therewith

Redevelopment Agency Consideration of a Resolution Consenting to a Joint Public Hearing with the Highland City Council to Consider the Adoption of the Proposed Amendment to the Redevelopment Plan for the Highland Redevelopment Project Area and the Approval of the Negative Declaration Prepared in Connection Therewith

Community Development Director Jaquess gave a brief review of the staff report.

A MOTION was made by Mayor Pro Tem/Vice Chairman Jones, seconded by Councilwoman/Agency Member Scott, to approve Resolution No. 2008-040 and Resolution No. RDA2008-003 to establish the date, time and location of the joint public hearing for the proposed Redevelopment Plan Amendment. Motion carried, 4-0, with Councilman/Agency Member McCallon absent.

RESOLUTION NO. 2008-040

RESOLUTION OF THE HIGHLAND CITY COUNCIL CONSENTING TO A JOINT PUBLIC HEARING WITH THE HIGHLAND REDEVELOPMENT AGENCY TO CONSIDER THE ADOPTION OF AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE HIGHLAND REDEVELOPMENT PROJECT AREA, AND THE APPROVAL OF THE NEGATIVE DECLARATION PREPARED IN CONNECTION THEREWITH

RESOLUTION NO. RDA2008-003

RESOLUTION OF THE HIGHLAND REDEVELOPMENT AGENCY CONSENTING TO A JOINT PUBLIC HEARING WITH THE HIGHLAND CITY COUNCIL TO CONSIDER THE ADOPTION OF AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE HIGHLAND REDEVELOPMENT PROJECT AREA, AND THE APPROVAL OF THE NEGATIVE DECLARATION PREPARED IN CONNECTION THEREWITH

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

Mayor Lilburn stated she attended the current SANBAG meeting for Councilman McCallon.

19. San Bernardino International Airport Authority and IVDA

None

20. November 4, 2008 General Municipal Election

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

A MOTION was made by Mayor Pro Tem Jones, seconded by Councilwoman Scott, to receive and file the City Clerk certification that there are not more candidates than offices to be elected and set August 20, 2008, as the Council meeting date for the City Council to take action pursuant to Elections Code Section 10229. Motion carried, 4-0, with Councilman McCallon absent.

ANNOUNCEMENTS

Wednesday, August 20, 2008 at 5:00 p.m. Special Council Meeting

CLOSED SESSION

At 8:09 p.m., the City Council and Redevelopment Agency convened into closed session regarding the following:

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Government Code Section 54956.9(a) - Celia Garibay v. City of Highland et al - San Bernardino Superior Court Case No.: CIVSS 702736

At 8:24 p.m., the City Council and Redevelopment Agency convened into open session, with four members present and Councilman McCallon absent, making no announcements.

ADJOURN

There being no further business, Mayor Lilburn adjourned the meeting at 8:26 p.m.

Submitted by: Approved by:

____________________________ _________________________________

Betty Hughes, CMC Penny Lilburn

City Clerk Mayor

CALL TO ORDER