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Agenda, regular meeting, first session

Highland City Council
January 11, 2022

Document
Agenda, regular meeting, first session
Meeting
January 11, 2022
Body
Highland City Council
Pages
18
Original file
262.4 MB
Text extracted from the city's file for reading and search. Open the original on highlandca.api.civicclerk.com. That file is the official record.

CITY OF HIGHLAND

REGULAR MEETING OF THE

CITY COUNCIL
AGENDA

CITY COUNCIL MEMBERS
LARRY McCALLON, MAYOR

PENNY LILBURN, MAYOR PRO TEM

JESSE CHAVEZ, COUNCIL MEMBER

ANAELI SOLANO, COUNCIL MEMBER
JOHN P. TIMMER, COUNCIL MEMBER

REGULAR MEETING
January 11, 2022
6: 00 p. m.

City Hall
Donahue Council Chambers
27215 Base Line
Highland, California
STAFF
Joseph A. Hughes - City Manager
Chuck Dantuono - Director of Administrative Services/ City Treasurer Betty Hughes - City Clerk
Lawrence Mainez - Community Development Director
Carlos Zamano - Public Works Director/ City Engineer
Maricela Marroquin - City Attorney

MISSION STATEMENT
Highland is dedicated to the betterment of the individual, the family, the neighborhood and the community. The City Council and the staff of Highland are dedicated to providing the quality of public facilities and services that its citizens are willing to fund and will do so as efficiently as possible.

Visit the City' s Website at: www. citvofhighland. org
CITY OF HIGHLAND • 27215 BASE LINE • HIGHLAND, CALIFORNIA 92346 • ( 909) 864- 6861 f • (909) 862- 3180 -1-
The City of Highland complies with the Americans with Disabilities Act of 1990. If you require special assistance to participate in this meeting, please call the City Clerk's Department at ( 909) 864- 6861, ext. 226, at least 72 hours prior to the meeting.

Pursuant to Government Code Section 54957. 5, any disclosable public records related to an open session item on a regular meeting agenda and distributed by the City of Highland to all or a majority of the City Council less than 72 hours prior to that meeting are available for public inspection at City Hall, 27215 Base Line, Highland, CA 92346, during normal business hours.

SPECIAL NOTICE REGARDING COVID- 19
This meeting is being held in person. Please be advised, facial coverings or masks are required to be worn in the Council Chambers regardless of a person' s vaccination status.

If you do not have a facial covering or mask, one will be provided to you.

Submission of Public Comments: To limit the number of persons in the Council Chambers, the public is encouraged to make public comments by email rather than in person. For those wishing to make public comments by email, please submit your comments by email to be read aloud at the meeting. Email comments must be submitted by 5: 00 p. m. on January 11, 2022, to the City Clerk at publiccomment( a-)_cityofhighland. org_. If you are submitting apublic comment pertaining toan item on the January 11, 2022 agenda, please identify the agenda item number inthe subject line. For those wishing to make apublic comment regarding apublic hearing item (Nos. 1 and 13), please identify the agenda item in the subject line. Comments can be submitted any time prior to the meeting, as well as during the meeting up until the close of the public hearing on the corresponding item to be considered part of the record. Please email your comments topubliccomment[c)-cityofhighland. org. All email comments shallbesubject to thesame rules as would otherwise govern speaker comments atthe Council meeting. Members of the public will be permitted to make public comments inperson. 01. 11. 2022 — cc regular Page 1
of 6
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CITY COUNCIL REGULAR MEETING
JANUARY 11, 2022 - 6: 00 p. m.

AGENDA

CALL TO ORDER

INVOCATION

PLEDGE OF ALLEGIANCE

ROLL CALL
CITY COUNCIL PUBLIC HEARING — REDISTRICTING
The order of business for Public Hearings shall be:
1) Mayor opens Public Hearing;
2) Staff presentation;
3) Applicant/ Representative presentation;
4) Speakers in favor of proposal;
5) Speakers in opposition to proposal;
6) Applicant rebuttal;
7) Mayor closes Public Hearing;
8) Council discussion, motion and vote.

ONCE THE PUBLIC HEARING IS CLOSED NO FURTHER TESTIMONY IS TAKEN.

For those wishing to make a public comment regarding a public hearing item ( No. 1), please identify the agenda item in the subject line. Comments can be submitted any time prior to the meeting, as well as during the meeting up until the close of the public hearing on the corresponding item to be considered as part of the record. Please email your comments to publiccomment(a cityofhighland. org. The City Clerk shall read all email comments provided that the reading shall not exceed three ( 3) minutes because this is the time limit for speakers at a Council Meeting.

Redistricting Process
RECOMMENDATION: That the City Council:

1. Open and conduct a public hearing regarding redistricting;

2. Receive a report from National Demographics Corporation ( NDC), Consultant, on the redistricting process and permissible criteria to be considered to redraw district boundaries;

3. Review draft map( s); and

4. Receive public input on district boundaries.

01. 11. 2022 — cc regular

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REPORT FROM CLOSED SESSION

SPECIAL PRESENTATIONS

PUBLIC COMMENT ( ITEMS NOT ON THE AGENDA)
To address the City Council, please complete a speaker form located at the entrance and give it to the City Clerk prior to the beginning of the meeting. Your name will be called when it is your turn to speak. State Law prohibits the City Council from taking action on any item not on the agenda. Individual speakers are limited to three minutes each.

Comments received via email by January 11, 2022, 5: 00 p. m., will be read into the record, provided that the reading shall not exceed three ( 3) minutes. Email comments submitted by a speaker that also appears in person to address the same matter will not be read into the record.

CITY COUNCIL CONSENT CALENDAR

2. Waive the Reading of All Ordinances
RECOMMENDATION: Waive the reading of all Ordinances in their entirety and read by title only.

3. Minutes — December 14, 2021 City Council Special Meeting RECOMMENDATION: Approve the Minutes as submitted.

4. Minutes — December 14, 2021 City Council Regular Meeting RECOMMENDATION: Approve the Minutes as submitted.

5. Warrant Register
RECOMMENDATION: Approve Warrant Register No. 735 for January 11, 2022, in the amount of $3, 398, 726. 49 and Payroll of $ 195, 820.45.

6. Treasurer' s Report for November 2021
RECOMMENDATION: That the City Council receive and file Treasurer' s Report for November 2021.

7. Records Destruction Authorization
RECOMMENDATION: That the City Council approve the destruction of certain records.

8. Notice of Completion — Project Nos. str11005 & str11006 ( Bid No. 2020- 05 Federal Funded Safe Routes to School Projects")
RECOMMENDATION: That the City Council:
1) Accept Project Nos. str11005 & str11006 ( Bid No. 2020- 05, " Federal Funded Safe Routes to School Projects") as complete;
2) Authorize the Mayor to sign the Notice of Completion; and 3) Direct the City Clerk to file the Notice of Completion.

01. 11. 2022 — cc regular

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9. Second Reading of Ordinance No. 452 Designating the Location of Reaular Meetings and Proposed Resolution No. 2022- Setting the Date and Time for Regular City Council Meetings
RECOMMENDATION: That the City Council:
1) Conduct a second reading, read by title only, and waive further reading of Ordinance No. 452 designating the location of regular meetings of the City Council and rescinding Ordinance No. 236, and
2) Adopt Resolution No. 2022- setting the date and time for regular City Council meetings and readopting rules of procedure for Council meetings and related functions and activities, and repealing Resolution No. 2001- 012.

10. Purchase and Installation of Plymovent Clean Air Exchange System at all Three Highland Fire Stations from Air Exchange, Inc.

RECOMMENDATION: That the City Council:
1) Approve the purchase and installation of Plymovent clean air exchange system at all three Highland Fire Stations from Air Exchange, Inc.; and 2) Make a finding that Air Exchange, Inc., is a sole source provider of this equipment.

11. All -way Stop Designation at Highland Avenue and Cloverhill Drive RECOMMENDATION: The Public Safety Subcommittee recommends approval of Resolution No. 2022- designating an all -way stop at Highland Avenue and Cloverhill Drive.

12. Memorandum of Understanding ( MOU) Referencing Planninq and Fundina of the Santa Ana Wash Wildland Trails between the City of Highland the City of Redlands and the San Bernardino Vallev Water Conservation District RECOMMENDATION: That the City Council authorize the Mayor to execute the Santa Ana Wash Plan Wildland Trails MOU upon the City Attorney' s final review and approval, and after consideration of any non -substantive changes that may be made by the City of Redlands.

CITY COUNCIL PUBLIC HEARING
The order of business for Public Hearings shall be:
1) Mayor opens Public Hearing;
2) Staff presentation;
3) Applicant/ Representative presentation;
4) Speakers in favor of proposal;
5) Speakers in opposition to proposal;
6) Applicant rebuttal;
7) Mayor closes Public Hearing;
8) Council discussion, motion and vote.

ONCE THE PUBLIC HEARING IS CLOSED NO FURTHER TESTIMONY IS TAKEN.

01. 11. 2022 — cc regular

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For those wishing to make a public comment regarding a public hearing item ( No. 13), please identify the agenda item in the subject line. Comments can be submitted any time prior to the meeting, as well as during the meeting up until the close of the public hearing on the corresponding item to be considered as part of the record. Please email your comments to publiccomment(a-)-cityofhighland. org. The City Clerk shall read all email comments provided that the reading shall not exceed three (3) minutes because this is the time limit for speakers at a Council Meeting. 13.

General Plan Amendment ( GPA 21-002) to Delete General Plan Town Center Policy No. 2. 10. 10, thereby Removing a Prohibition of Freestanding Drive-thru Commercial Structures and Convenience Uses in the Policy Area RECOMMENDATION:

The Planning Commission recommends the City Council
adopt City Council Resolution No. 2022- approving General Plan Amendment ( GPA 21-002) and certifying the associated Mitigated Negative Declaration ( ENV 21-003) and direct staff tofile a Notice of Determination withthe County Clerk of the Board. CITY
COUNCIL LEGISLATIVE 14.

City Manager Report and Comments ( Work Program, Regional/ Legislative/ Development Issues, Subcommittees, etc.) RECOMMENDATION:

Discussion and possible action. 15.

Council Member Comments ( Agency/ Committee/ AB1234 Reports District Updates, etc.) RECOMMENDATION:

Discussion and possible action. ANNOUNCEMENTS
CLOSED

SESSION CONFERENCE
WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956. 9(d)(2) and/ or (d)(3): One
case. ADJOURN
Regular
Meetings January
25; February 8, 22; March 8, 22; April 12, 26; May 10, 24; June 14, 28; July 12 no meeting), 26 (no meeting), August 9, 23; September 13, 27; October 11, 25; November 8, 22; December 13, 27 ( no meeting) 01.

11. 2022 — cc regular Page
5 of 6
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I, Betty Hughes, City Clerk, certify I caused to be posted this Agenda on or before January 6, 2022, by 5: 30 p. m., on our website at www.cityofhighland. org and in the following designated areas. -
Highland Branch Library Fire Station No. 1 City Hall
7863 Central Avenue 26974 Base Line 27215 Base Line
Date: January 6, 2022 tc—_
Betty H hes, M C
City Clerk

01. 11. 2022 — cc regular

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STAFF REPORT

TO THE CITY COUNCIL
DATE: January 11, 2022
FROM: Joseph Hughes, City Manager
PREPARED BY: Betty Hughes, MMC, City Clerk
SUBJECT: Redistricting Process — Third Public Hearing
RECOMMENDATION: That the City Council:
1) Open and conduct a public hearing regarding redistricting; 2) Receive a report from National Demographics Corporation ( NDC), Consultant, on the redistricting process and permissible criteria to be considered to redraw district boundaries;
3) Review draft map( s); and
4) Receive public input on district boundaries.

PUBLIC NOTICE: The agenda for this item was posted at the three locations per Resolution No. 2011- 047 and on the City' s website. The Public Hearing Notice was posted on the City' s website on the Redistricting webpage on December 23, 2021; published in the El Chicano Newspaper on December 30, 2021, and published in the Highland Community Newspaper on December 31, 2021.

FISCAL IMPACT: Up to $ 30, 000 for the redistricting process.

BACKGROUND: By law, the City must hold at least four public hearings that enable community members to provide input on the drawing of district maps. This is the third public hearing.

On August 24, 2021, the Highland City Council held its first 2021- 2022 Redistricting Public Hearing. At this public hearing, the City Council received a presentation from the City' s redistricting consultant, National Demographics Corporation ( NDC). NDC' s presentation detailed a tentative schedule which highlighted AB 849' s requirement that the City conduct four public hearings prior to adopting a final voting district map. No public comment was received.

Approved Motion Second Agenda Item No.

Denied Ayes
Continued Noes File No.

Tabled Abstain
Absent
City Clerk City Manager
-1-
On October 26, 2021, the second public hearing was held. At this public hearing, NDC' s presentation highlighted neighborhoods and communities of interest. Additionally, NDC also elaborated on general redistricting principles while highlighting the nuanced requirements of AB 849. No public comment was received.

Public Mapping Tools
NDC' s " Public Participation Kit" allows users who are not necessarily comfortable with using an online program to submit drawn maps. The Mapping Tools were posted to the City' s Redistricting webpage in November. The Kit offers a one -page map that will show streets, borders as well as population counts. The map comes with a pre -formatted Microsoft Excel Sheet so users can easily add up " Population Units" and know if their proposed map reflects districts with substantially equal population. Instructions for this mapping tool were made available on the City' s redistricting webpage as well as the preformatted Microsoft Excel file. Draft maps were due January 3, 2022.

The City did not receive any draft maps from the public.

Current District Demographics
The current total population is 57, 232. Each district population should be roughly 11, 446. The law allows no more than a 10% deviation. The current deviation is 7. 03%, therefore, the current District map is considered " balanced" based on the criteria of the California Voting Rights Act.

Conclusion and Next Steps
At the conclusion of the public hearing, and after the Council has had an opportunity to consider all the draft maps, staff will request that the Council provide direction on which map it prefers to adopt. On February 22, 2022, the City Council is scheduled to hold its last public hearing ( fourth public hearing). At that meeting, staff will present a draft resolution adopting the selected map. -2-
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-14-

STAFF REPORT

TO THE CITY COUNCIL
DATE: January 11, 2022
FROM: Joseph A. Hughes, City Manager
PREPARED BY: Betty Hughes, MMC, City Clerk
SUBJECT: Waive the Reading of All Ordinances
RECOMMENDATION: Waive the reading of all Ordinances in their entirety and read by title only.

Approved Motion
Denied Ayes
Continued Noes
Tabled Abstain
Absent
At j
Second Agenda Item No. Z—
File No.

City Clerk City Manager
-1-

STAFF REPORT

TO THE CITY COUNCIL
DATE: January 11, 2022
FROM: Joseph A. Hughes, City Manager
PREPARED BY: Betty Hughes, MMC, City Clerk
SUBJECT: Minutes — December 14, 2021 Special Meeting
RECOMMENDATION: Approve the minutes as submitted.

Approved Motion
Denied Ayes
Continued Noes
Tabled Abstain
Absent
Second Agenda Item No. - 5
File No.

City Clerk City Manager
-1-

MINUTES

CITY COUNCIL SPECIAL MEETING
DECEMBER 14, 2021

CALL TO ORDER
The special meeting of the City Council of the City of Highland was called to order at 5: 30 p. m. by Mayor Lilburn.

PUBLIC COMMENT
None

ROLL CALL

Present: Lilburn, McCallon, Solano, Timmer

Absent: Chavez

CLOSED SESSION
At 5: 30 p. m., City Manager Hughes read the City Council into closed session regarding the following:

CONFERENCE WITH LEGAL COUNSEL — PENDING LITIGATION
Government Code §54956. 9( d)( 1)] — 1 item - National Prescription Opioid Litigation, MDL No. 2804 ( Federal District Court N. D. Ohio)

ADJOURN
There being no further business, Mayor Lilburn adjourned the meeting at 5A2 p. m.

Submitted By:

Betty Hughes, MMC
City Clerk
minutes/ 2021 minutes/ 12. 14. 21 cc special closed session. doc Approved By:

Larry McCallon
Mayor

12. 14. 2021 - cc special minutes

Page 1 ends

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STAFF REPORT

TO THE CITY COUNCIL
DATE: January 11, 2022
FROM: Joseph A. Hughes, City Manager
PREPARED BY: Betty Hughes, MMC, City Clerk
SUBJECT: Minutes — December 14, 2021 Regular Meeting
RECOMMENDATION: Approve the minutes as submitted.

Approved Motion
Denied Ayes
Continued Noes
Tabled Abstain
Absent
Second Agenda Item No.

File No.

City Clerk I
-1-

MINUTES

CITY COUNCIL REGULAR MEETING
DECEMBER 14, 2021

CALL TO ORDER
The regular meeting of the City Council 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, Immanuel Baptist Church, and the Pledge of Allegiance was led by Mayor Lilburn.

I: leiIW07e1"

Present: Chavez, Lilburn, McCallon, Solano, Timmer

Absent: None

REPORT FROM CLOSED SESSION
City Attorney Marroquin stated thank you, Mayor. The Council met in closed session pursuant to Government Code section 54956. 9 ( d)( 1) in the national prescription opioid litigation. The City is participating as a non - litigating entity and Council provided direction to enter into a settlement with defendants McKesson, Cardinal Health, AmerisourceBergen and Janssen Pharmaceutical that will allow for the allocation of funds to the City that will be passed through to the county for opioid remediation purposes.

SPECIAL PRESENTATIONS
None

PUBLIC COMMENT ( ITEMS NOT ON THE AGENDA)
None

CITY COUNCIL BUSINESS
City Manager Hughes stated we would like to add an item which was too late for the agenda. It is an agreement with San Manuel, and it would be directing the City Manager and the City Attorney to negotiate an agreement. We just received notification of this today and there is a very short time period in order to get this agreement finalized and negotiated with San Manuel. Therefore, we would ask the Council to vote to add this item on the agenda as item number 28. 12/ 14/ 2021 — cc regular

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City Attorney Marroquin stated for the record pursuant to Government Code section 54954. 2 ( b)( 2), the City Council may add an item by a 2/ 3 vote of the City Council if there is a need for an immediate action. As has already been demonstrated, the item came to the attention of staff after the agenda was posted, which has also been satisfied.

A MOTION was made by Council Member Solano, seconded by Council Member Timmer, to add Item # 28, San Manuel Agreement, to the agenda. Motion carried, 5- 0.

Appointment of Mayor and Mayor Pro Tem for 2021/ 22
City Clerk Hughes stated thank you Mayor and Members of the City Council. It is time for the annual reorganization of the Mayor and Mayor Pro Tem. The floor is now open for nominations and once the floor closes, we will go ahead and call for the vote in order of the nominations received. She will go ahead and open the floor for nominations for Mayor.

Council Member Timmer nominated Council Member Larry McCallon for Mayor.

Council Member Lilburn called for any other nominations, seeing none, the floor is now closed.

Council Member Larry McCallon has been appointed to Mayor.

Council Member Lilburn called for the nomination of Mayor Pro Tem.

Mayor McCallon nominated Council Member Penny Lilburn for Mayor Pro Tem.

Mayor Pro Tem Lilburn called for any other nominations, seeing none, the floor is now closed.

The City Council chose Council Member Larry McCallon as Mayor and Council Member Penny Lilburn as Mayor Pro Tem.

2. Membership on Various Council Subcommittees, Ad Hocs and Agency Organizations
Mayor McCallon asked does anyone wish to change their current assignments.

Council Member Chavez stated he would like to notify the Council that the San Bernardino Valley Water Board District Advisory Committee had ended as of July.

At the October meeting, the Board stated they will no longer pursue having the Advisory Commission.
12/ 14/ 2021 — cc regular

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A MOTION was made by Council Member Solano, seconded by Mayor Pro Tem Lilburn, to disband the San Bernardino Valley Municipal Water District Advisory Commission and make no additional changes to the current memberships on various Council Committees, Ad Hocs and Agency Appointments. Motion carried, 5- 0.

Mayor McCallon asked if any of the Ad Hoc committees are out of date.

City Manager Hughes stated the City Council Frequency, which is on the agenda tonight.

Mayor McCallon stated we will remove the Council Frequency Ad Hoc Committee and keep the other Ad Hoc Committees active.

CITY COUNCIL CONSENT CALENDAR
City Manager Hughes stated staff would like to request item number 14, which is the Notice of Completion for a Public Works project, be pulled from the Council agenda for tonight and will be brought back at the first meeting in January. There is a discrepancy in the amount.

A MOTION was made by Mayor Pro Tem Lilburn, seconded by Council Member Solano, to approve the consent calendar as submitted with Item # 14 being pulled to the next regularly scheduled Council Meeting and with Council Member Timmer dissenting on Item # 18. Motion carried on a roll call vote, 5- 0.

3. Waive the Reading of All Ordinances
Waived the reading of all Ordinances in their entirety and read by title only.

4. Minutes — November 9, 2021 City Council Regular Meeting Approved the Minutes as submitted.

5. Warrant Register
Approved Warrant Register No. 734 for December 14, 2021, in the amount of 4, 065, 933. 93 and Payroll of $311, 313. 37.

6. Treasurer' s Report for October 2021
Received and filed Treasurer' s Report for October 2021.

7. Claim Consideration — April Islas
Rejected claim.
12/ 14/ 2021 — cc regular

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8. Escrow Account with All American Asphalt for the Retention of the Sector E Pavement Rehabilitation Project str20001 at Citizens Bank Approved the attached Resolution No. 2021- 046 approving the escrow account with All American Asphalt for the retention of the Sector E Pavement Rehabilitation Project str20001 at Citizens Bank and giving Joseph A. Hughes, City Manager, the authority to sign the Escrow Agreement.

RESOLUTION NO. 2021- 046

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA, APPROVING AN ESCROW ACCOUNT (ESCROW #2731) WITH

ALL AMERICAN ASPHALT AT CITIZENS BUSINESS BANK FOR THE
SECTOR E PAVEMENT REHABILITATION, PROJECT STR20001

9. The Annual Comprehensive Financial Report ( ACFR) the Single Audit Report on Federal Award Programs the Independent Auditor' s Report on Internal Controls the Audit Conclusion Letter, and the Gann Limit ( Appropriations Limit) Letter. All reports are for Fiscal Year Ended June 30, 2021.

Received and filed the Annual Comprehensive Financial Report ( ACFR), the Single Audit Report on Federal Award Programs, the Independent Auditor' s Report on Internal Controls, the Audit Conclusion letter, and the Gann Limit Appropriations Limit) letter. All reports are for Fiscal Year Ended June 30, 2021.

10. AB 1600 Development Impact Fee Annual Report for Fiscal Year 2020- 2021 per Government Code Section 66006
Received and filed the AB 1600 Development Impact Fee Annual Report for Fiscal Year 2020- 2021.

11. Developer In -Lieu Fee Annual Report for Fiscal Year 2020-2021 Received and filed the Developer in -lieu Fee Annual Report for Fiscal Year 2020- 2021.

12. Contract Renewal — Bid No. 2020- 08, " City -Wide Concrete Maintenance Contract" Extended the City -Wide Concrete Maintenance Contract with Above All Names Construction Services, Inc., for one year.

13. Contract Renewal — Bid No. 2020- 09, " City -Wide Traffic Striping and Pavement Marking Maintenance Contract"
Extended the City -Wide Traffic Striping and Pavement Marking Maintenance Contract with Interstate Striping & Signs, Inc., for one year.

15. Easement Acceptance/ Navarro ( 7987 Cortez Street)

1. Accepted Grant of Easement for Road and Drainage purposes from Cesar and Araceli Navarro; and

2. Directed the City Clerk to record the Grant of Easement. 12/ 14/ 2021 — cc regular

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16. Easements Acceptance from Curtis Skalet ( Southwest Engines) and Leone[ Estupinan ( Johnny' s Minimart) — Traffic Signal Modifications at 5th Street and Del Rosa Drive ( Project No. si2
1002)

1. Accepted the Grants of Easement for Road and Drainage purposes from Curtis Skalet and Leonel Estupinan; and

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

17. Addendum No. 5 of the Professional Services Agreement with Diaital Ma Products, Inc., for GovClarity and CommunityView Website Hosting Services Approved Addendum No. 5 to Professional Services Agreement with Digital Map Products, Inc., for continued GovClarity Enterprise and CommunityView Website Hosting Services for two ( 2) years.

18. Second Reading of Ordinance No. 451 adding Chapter 8. 13 Mandatory Organic Waste Disposal Reduction, to Title 8, Health and Safety, of the Highland Municipal Code and Making a Determination of Exemption Under CEQA in Compliance with SB 1383 Short- lived Climate Pollutants: Methane Emissions: Dairy and Livestock:

Organic Waste: Landfills
Conducted a second reading, read by title only, waived further reading of Ordinance No. 451, an Ordinance adding Chapter 8. 13 Mandatory Organic Waste Disposal Reduction to Title 8, Health and Safety of the Highland Municipal Code and Making a Determination of Exemption Under CEQA.

City Clerk Hughes introduced Ordinance No. 451
ORDINANCE NO. 451

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA, ADDING CHAPTER 8. 13 ( MANDATORY ORGANIC WASTE DISPOSAL REDUCTION) TO TITLE 8 HEALTH AND SAFETY OF THE CITY OF

HIGHLAND MUNICIPAL CODE, AND MAKING A DETERMINATION OF

EXEMPTION UNDER CEQA
which title was read.

19. A Resolution of the City Council of the City of Highland, California Authorizing the City to Enter Into Settlement Agreements with Mckesson Corporation Cardinal Health, Inc., AmerisourceBergen Corporation, Johnson & Johnson Janssen Pharmaceuticals, Inc., Ortho- Mcneil- Janssen Pharmaceuticals Inc. and Janssen Pharmaceutica, Inc., Agree to the Terms of the State -Subdivision Agreements and Authorize Entry into the State -Subdivision Agreements with the Attorney General

1. Adopted Resolution No. 2021- 047; and

2. Authorized the City Manager to execute any necessary documents. 12/ 14/ 2021 — cc regular

Page 5 of 12 ends

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RESOLUTION NO. 2021- 047

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

CALIFORNIA, AUTHORIZING THE CITY TO ENTER INTO SETTLEMENT

AGREEMENTS WITH MCKESSON CORPORATION, CARDINAL HEALTH,
INC., AMERISOURCEBERGEN CORPORATION, JOHNSON & JOHNSON, JANSSEN PHARMACEUTICALS, INC., ORTHO- MCNEIL- JANSSEN
PHARMACEUTICALS, INC., AND JANSSEN PHARMACEUTICA, INC., AGREE

TO THE TERMS OF THE STATE -SUBDIVISION AGREEMENTS, AND

AUTHORIZE ENTRY INTO THE STATE -SUBDIVISION AGREEMENTS WITH

THE ATTORNEY GENERAL

ITEMS PULLED FROM THE CONSENT CALENDAR

14. Notice of Completion — Proiect Nos str11005 & str11006 ( Bid No 2020- 05 Federal Funded Safe Routes to School Projects")
Staff pulled this item due to a discrepancy from the Council agenda and will be brought back to the first meeting in January.

CITY COUNCIL PUBLIC HEARING
No public hearing.

CITY COUNCIL LEGISLATIVE

20. Proposition 68 Park Per Capita Grant Project — Community Park Perimeter Fencing Configuration Options
Public Services Manager Morgan gave a brief review of the staff report.

A MOTION was made by Council Member Solano, seconded by Council Member Chavez, to select perimeter fencing Option C configuration for the Community Park Proposition 68 per Capita Grant Project Application. Motion carried, 5- 0.

21. Bid Award — Bid No. 2021- 02, " Cooperative City/ County Pavement Rehabilitation Ward Street, Cooley Street, 6th Street and Tippecanoe Avenue" (Project str20003) Public Works Director/City Engineer Zamano gave a brief review of the staff report.

A MOTION was made by Council Member Solano, seconded by Council Member Chavez, to award the construction contract for Bid No. 2021- 02, " Cooperative City/ County Pavement Rehabilitation Ward Street, Cooley Street, 6th Street and Tippecanoe Avenue ( Project str20003)" to the responsible low bidder, Matich Corporation, in the amount of $2, 315, 112. 00. Motion carried, 5- 0. 12/ 14/ 2021 — cc regular

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22. Construction Management and Inspection Services for Bid No. 2021- 02 Cooperative City/ County Pavement Rehabilitation Ward Street Cooley Street 6th Street and Tippecanoe Avenue" ( Project str20003)
Public Works Director/ City Engineer Zamano gave a brief review of the staff report.

A MOTION was made by Council Member Solano, seconded by Council Member Chavez, to:

1. Approve proposal from Willdan Engineering to provide construction management and inspection services in the amount of $ 119, 832 for Bid No. 2021- 02, " Cooperative City/ County Pavement Rehabilitation Ward Street, Cooley Street, 6th Street and Tippecanoe Avenue" ( Project str20003); and

2. Authorize the City Manager to approve contract amendments up to 10% of the proposal amount. Motion carried, 5- 0.

23. Construction Engineering Services/ TKE Engineering, Inc., Services — Traffic Signal Modifications at 5th Street and Del Rosa Drive ( Project No. si2 1002)
Public Works Director/ City Engineer Zamano gave a brief review of the staff report.

A MOTION was made by Council Member Timmer, seconded by Council Member Solano, to:

1. Approve proposal from TKE Engineering, Inc., ( TKE) to provide construction management services for traffic signal modifications at 5th Street and Del Rosa Drive; and

2. Authorize the City Manager to approve contract amendments up to 10% of the contract amount. Motion carried, 5- 0.

24. Frequency of City Council Meetings
City Clerk Hughes stated thank you Mayor and Members of City Council. Before you is an item for consideration regarding the frequency of City Council meetings. The Ad Hoc committee met on November 17 to discuss the pros and cons of switching from two regular Council meetings per month to one regular Council meeting per month and recommended this item be brought forth to the City Council for consideration. As stated in the staff report, there would be a cost savings for contract staff, consultants, as well as hourly staff with reduced comp time as well as overtime. There would be less opportunities to hear from the public, but emails are accepted anytime up until one hour prior to the meeting and through the public hearing items. There are some items that cannot be held at a special meeting. Ordinances can be introduced at a special meeting, but cannot be adopted at a special meeting, therefore, would have to wait until a regular meeting to adopt the ordinance. Alternatively, the City Council could introduce an ordinance at a regular meeting and then adjourn that meeting to a specific date and time. That adjourned meeting would be considered a regular, adjourned meeting and an ordinance could be adopted at that meeting. Staff is seeking direction from Council on two bullet points — If the Council were to hold one meeting a month, which day would that meeting be held on, the 12/ 14/ 2021 — cc regular

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second or the fourth Tuesday of the month. Staff recommends that the regular meetings be held on the second Tuesday as this would allow the Council to hold a special meeting, if necessary, by month' s end if an item comes up and cannot wait until the next regularly scheduled meetings. The second item is should the Council continue to go dark in July. The Ad Hoc committee is recommending just one meeting in July instead of going dark. That concludes the presentation. If you have any questions, she is happy to answer them.

Mayor Pro Tern Lilburn stated refresh my memory. Who was on the Ad Hoc committee?
Mayor McCallon stated me and Council Member Solano.

Mayor Pro Tern Lilburn stated okay, her question would be to staff. The time commitment on the agenda, if this is feasible and do you feel comfortable that we have time to get through the agendas. Usually, our City Council meetings are relatively short, but she just wants to make sure that we never short the public on items that are of importance, and that we need to address.

City Manager Hughes stated we had a long discussion with management staff on how we think that this could work. Essentially, the Council meetings will get longer, you see it tonight. There are more items on the agenda tonight. This is kind of case in point. We did not have the second meeting in November, so we have a lot of items on the agenda tonight, so it is a longer meeting. That being said, there will be some time savings for staff because we are not cranking out an agenda every two weeks. So, we need to make sure that because of just having the one meeting a month that we get everything right. That we make sure that the T' s are crossed, and the I' s are dotted because we do not have that meeting two weeks from then to correct things. That being said, staff also has an extra two weeks to make sure that the T' s are crossed, and the I' s are dotted. You have more time; you are not in that constant cycle of turning out the work. It will give staff more time to get the staff reports completed. As far as feasibility, we do think it is feasible from a staff perspective, but we will go, you know, whichever way the City Council decides, but we can work with either scenario. He thinks we can make it work.

Council Member Timmer stated the only thing he had a concern with was addressed. The way, if things change, we have the ability to call a special meeting, or if an emergency comes up, we can still declare an emergency. We still have that flexibility, so right now the workload is not there for us to have meeting every two weeks. So, this is probably a good savings for staff and for some of us with families.

Council Member Solano stated that was one of the things. A lot of the questions that were brought up during the meeting were the concerns of that, and we did have a long discussion on it, and that is why the committee felt comfortable bringing it forward to Council with everything that was presented. 12/ 14/ 2021 — cc regular

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City Attorney Marroquin stated and to your concern, Councilmember Timmer, Staff is recommending that the change be made by resolution so that will give more flexibility. So, let us say six months from now we realize this is not working out, we need to have more frequent meetings, it is easier to come back with a new resolution saying here is our new meeting schedule, every two weeks again.

City Manager Hughes stated that is a good point. The old frequency of meetings was done by ordinance, so that is why, as shown in the staff report, it is going to take some time for this to even go into effect because you will have to have a first reading, a second reading and all those things. What the City Attorney brought up is the recommendation to now remove it from the ordinance and have it done by resolution. So, if it does not work out, and that is a great point, but if it does not work out, then we can just go back to two meetings a month. We can adjust quickly.

Mayor McCallon stated any other comments or questions?
Council Member Timmer stated he will move the committee' s recommendation on this.

Council Member Chavez stated that is with meeting once a month in July, right? Council Member Timmer stated we have to answer those two questions now. In his motion he will designate the second Tuesday as the meeting date and still having the one meeting in July instead of going dark.

A MOTION was made by Council Member Timmer, seconded by Council Member Chavez, to switch from two Council meetings per month to one Council meeting per month and conduct a first reading of an Ordinance designating the location of regular meetings of the City Council and rescinding Ordinance No. 236. Motion carried, 5- 0.

City Clerk Hughes introduced Ordinance No. 452
ORDINANCE NO. 452

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HIGHLAND,

CALIFORNIA, DESIGNATING THE LOCATION OF REGULAR MEETINGS OF

THE CITY COUNCIL OF THE CITY OF HIGHLAND AND RESCINDING ORDINANCE NO. 236
which title was read.

City Clerk Hughes stated this is just stating the time and the location. The Resolution will be brought forth at the next Council meeting in January, which will state the Council' s vote here, on the second Tuesday, once a month, at 6 o' clock.

City Manager Hughes stated this will not go into effect until March. 12/ 14/ 2021 — cc regular

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25. Appoint Three ( 3) Members of the Public to the Community Trails Committee City Clerk Hughes gave a brief review of the staff report. The floor is now open for nominations for the seat expiring in October 2022. The other two nominations will be for the seats expiring in October 2023.

Council Member Timmer nominated Robert LaChausse for the seat expiring in October 2022.

Mayor McCallon nominated Erwin Fogerson and Michael McMillan for the seats expiring in October 2023.

City Clerk Hughes called for any other nominations. Seeing none, the floor is now closed for nominations. Three ( 3) members of the public have been appointed to the Community Trails Committee with Robert LaChausse' s seat expiring in October 2022, and Erwin Fogerson and Michael McMillan seats expiring in October 2023.

26. City Manager Report and Comments ( Work Program Regional/ Legislative/ Development Issues, Subcommittees, etc.)
City Manager Hughes stated he will try to make each item brief, but the first one is the Citrus Harvest Festival which staff is gearing up for. The event will take place in March. Vendor applications were distributed last week, so we are going full steam ahead on the Citrus Harvest Festival for next year. At their December 7 hearing, the Planning Commission approved a conditional use permit and design review application for a Tractor Supply Company as part of the first phase of a mixed use commercial residential project at the northwest corner of Base Line and Church. The approval is conditional upon the City Council' s approval of a General Plan Amendment which will be coming forward to the City Council in the very near future. Also on December 7, the Planning Commission and the Appeals Board took action to approve a declaration of a public nuisance regarding a wall. Just to make the Council aware of the 2022 homeless point in time count which the city will be participating in again. It will be on Thursday, January 27 from 6: 00 a. m. to 10- 00 a. m. The coronavirus fund for businesses, the City provides $ 7, 500 for businesses, and we are now up to 155 applications received for that program. The senior grocery delivery program, we have 25 inquiries with 15 approved so that is a jump on that program. The emergency mortgage assistance program, we still only have one inquiry, and we are working through the application process with that person. Burrtec illegal dumping work orders for November are 179 illegal dumps picked up. For the Sheriffs Department, December 3 through the 13, they responded to 1, 070 calls for service, made 77 reports and 41 arrests. The Fire Department responded to, for the month of November, 673 calls for service, 480 of those were medical aides, 52 traffic collisions, 11 structure fires and 17 vegetation fires. A public works project is under construction. This is a work program item that consists of the pavement rehabilitation of Sector E, which is the last phase of the City Council 5- year Pavement Management program at a cost of 2, 000, 000. It includes 25 streets segments and construction began on Monday, 12/ 14/ 2021 — cc regular

Page 10 of 12 ends

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December 13, and is anticipated to be completed in March of 2022. So once that gets completed, staff will start the process again and we will start another whole cycle again. A 5- year cycle to improve the streets in the community. Also, staff wanted to bring you up to speed on the Highland -Redlands Regional Connector project. That is the project on Orange Street, and it was to put in a bikeway and pedestrian path that would link Highland and Redlands. We have been working with the City of Redlands for a long time on this project, and we have gotten fairly far down the road. However, we have run into a hurdle, which is the environmental, and we received comments back from the state. Essentially, they want more in mitigation than the project cost to do. It is like millions of dollars of mitigation money. At this point Highland actually could use our credits that we have for Plan B to offset our costs. However, Redlands does not have very much of Plan B money, and they have the lion share of this project. The Highland share is small compared to the Redlands share. So, this is millions of dollars of a hit to the City of Redlands that they do not have the funding for. So, at this point in time what we are going to be looking at, just to give the Council a heads up, is finishing all the design work for the project. Get a shovel ready project ready to go, and then look for some additional funding opportunities so that we can move forward with the project, but right now it is just not financially feasible. With this mitigation hit, it is a crazy amount of money. That is kind of where we are at. If something changes and we can work something out, we will do that, but that is the direction that we are leaning towards right now. What is frustrating is this is all being done within the public right- of-way. We are not asking for any decision of the Council tonight, but you know, it is what it is, so that is kind of where we are at. He also wanted to bring up to the City Council that we were contacted by the City of Redlands, and they are going to be sending a letter of opposition regarding the California Citizens Redistricting Commission proposal. He is sure the Council has seen the new districts that are being proposed. For Highland, we are going to either be bifurcated or trifurcated by the assembly and the Senate, and so it is really going to split the city up. Redlands reached out and asked if we would like to join them in sending a letter, and we can send a joint letter. So, we plan on doing that. We will be working on a joint letter with the City of Redlands on that, he just want to make the Council aware.

27. Council Member Comments ( Agency/ Committee/AB 1234 Reports District Updates, etc.)
Mayor Pro Tern Lilburn stated she just has a couple of things. She had the opportunity to attend San Manuel' s grand opening for the Yaamava Hotel and Spa, and she just wanted to tell you they did a beautiful job. It is gorgeous there, and it is right in our own backyard, so she hopes everyone really enjoys it. Secondly, she would like to wish everyone a very Merry Christmas and do not forget about Operation Senior Santa Claus being held at our Fire Stations and Sheriff Station. 12/ 14/ 2021 — cc regular

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28. San Manuel Community Credit Fund Restricted Grant Agreements City Manager Hughes gave a brief review of the staff report.

A MOTION was made by Mayor Pro Tern Lilburn, seconded by Council Member Timmer, to authorize the City Manager and City Attorney to prepare and sign two San Manuel Community Credit Fund Restricted Grant Agreements with San Manuel Band of Mission Indians pertaining to Type I Fire Engine Replacement, and SR-210/ Base Line Interchange on behalf of the City. Motion carried, 5- 0.

ANNOUNCEMENTS
None

CLOSED SESSION
None

ADJOURN
There being no further business, Mayor McCallon adjourned the meeting at 6: 41 p. m. in memory of Karl Kraemer, Ruben De Leon, Don Troy, Bill Summers, Robert Pierazek and Senator Bob Dole.

Submitted By:

Betty Hughes, MMC
City Clerk
Approved By:

Larry McCallon
Mayor
12/ 14/ 2021 — cc regular

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STAFF REPORT

TO THE CITY COUNCIL
DATE: January 11, 2022
FROM: Joseph A. Hughes, City Manager
REVIEWED BY: Chuck Dantuono, Director of Administrative Services/ City Treasurer 1 PREPARED BY: Leticia Nava -Cruz, Accounting Supervisor
SUBJECT: Warrant Register # 735
RECOMMENDATION: City Council to approve Warrant Register # 735; Warrants in the amount of 3, 398, 726. 49 and Payroll in the amount of $195, 820. 45.

FISCAL IMPACT: The total of Cash and Expenditures is $ 3, 594, 546. 94.

PUBLIC NOTICE: The agenda for this item was posted at the three required locations.

BACKGROUND: See Printouts Attached.

Approved Motion Second
Denied Ayes
Continued Noes
Tabled Abstain
Agenda Item No. `?
File No.

FILL
City Clerk City Manager
-1-
Warrants:

Payroll:

CITY OF HIGHLAND
WARRANT REGISTER # 735
January 11, 2022
12/ 14/ 2021 Ck# 84237- 84309
12/ 17/ 2021 Payroll Wire # 635- 638 & Ck # 84310- 84312 12/ 21/ 2021 Ck# 84313- 84362
12/ 28/ 2021 Ck# 84363- 84397
12/ 30/ 2021 Payroll Wire # 639- 642 & Ck # 84398- 84400 1/ 4/ 2022 Ck# 84401- 84428
1/ 4/ 2022 Wire# 1002017458- 1002017459
12/ 17/ 2021
12/ 17/ 2021
12/ 30/ 2021
12/ 30/ 2021
APPROVED BY:

Larry McCallon
Finance Subcommittee
John Timmer
Finance Subcommittee
Direct Deposits # 11343- 11384
Ck # 650
Direct Deposits # 11385- 11426
Ck # 651
495, 394. 53
60, 381. 13
450, 126. 81
2, 250, 788. 41
52, 283. 74
68, 497. 94
21, 253. 93
Total Warrants $ 3, 398, 726. 49
103, 019. 67
285. 72
92, 175. 79
339. 27
Total Payroll $ 195, 820. 45
Total Warrants & Payroll $ 3, 594, 546. 94
Joseph ughes
City Whager
Chuck Dantuono
Director of Administrative
Services/ City Treasurer
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DATE:

FROM:

PREPARED BY:

SUBJECT:

RECOMMENDATION:

FISCAL IMPACT:

PUBLIC NOTICE:

STAFF REPORT

TO THE CITY COUNCIL
January 11, 2022
Joseph A. Hughes, City Manager
Chuck Dantuono, Director of Administrative Services/ City Treasurer tov Treasurer' s Report for November 2021
City Council to receive and file the Treasurer' s Report for November 2021 Cash and Investments:

General Fund
Special Revenue Funds
Internal Service Funds
Capital Projects Funds
Agency Funds
Housing Authority Fund
SARDA Funds
5, 873, 411. 29
34, 458, 583.29
4, 289, 343.89
19, 964,493. 28
1, 461, 673. 78
3, 680, 502. 89
2, 649, 343. 20
The agenda for this item was posted at the three required locations.

BACKGROUND: Increases in the checking account were due to revenues received plus funds wired from LAIF and CAMP. Decreases in the checking account were a result of payments to vendors, payroll and funds wired to LAIF, CAMP and U. S. Bank.

Increases in the fiscal agent accounts ( US Bank) resulted from interest and bond payment receipt.

Decreases resulted in vendor payments and debt service payments.

Increases in the CAMP account were due to interest received. Decreases were a result of funds being wired to the city' s checking account primarily for payment of public works projects.

The maximum limit on regular accounts is $ 65M.

Approved Motion Second
Denied Ayes
Continued Noes
Tabled Abstain
Absent
L11) got
City Clerk City
Agenda Item No. 6-
File No.
-1-

CITY OF HIGHLAND
Treasurer' s Report
as of November 30, 2021
CASH AND BANK ACCOUNTS:

Cash on Hand - Office Petty Cash & Change Fund Accounts 1, 150. 00 Wells Fargo Checking - Account #******* 236 18, 539, 321. 19

MATURITY PAR ORIGINAL

DESCRIPTION PERIOD YIELD VALUE COST
INVESTMENTS: LOCAL GOVERNMENT INVESTMENT POOLS
California Treasurer' s Local Agency Investment Fund ( LAIF) n/ a 0. 203% General Fund
Special Revenue Funds
Internal Service Funds
Capital Projects Funds
Housing Authority Fund
Total City LAIF Funds
Total Housing Authority LAIF Funds
Total LAIF Funds
1) Maximum limits on accounts are $ 65M City and $ 65M Housing Authority. 2) Quarterly interest earnings are deposited directly to accounts. 3) Funds are available within 24 hours or less depending on time of wire. 4) Pooled Money Investment Board Report dated October 2021 on- line for listing of investments 5) Market Value is based on the September 30, 2021 applicable percentage of 0. 999873661. 6) Market Value is $ 44, 265, 923. 25 ($ 44, 271, 516. 47 x 0. 999873661).

California Asset Management Program ( CAMP) n/ a 0. 050% General Fund
Special Revenue Funds
Capital Projects Funds
Total CAMP Funds
INVESTMENTS: FISCAL AGENT ACCOUNTS
US Bank Corporate Trust Services (Community Facilities Districts) Community Facilities District ( CFD) 90- 1
Administrative Expense Fund # 128262- 011
US Bank Money Market Account CUSIP # 8AMMFOAP6
Fire Protection Expense Fund # 128262- 012
US Bank Money Market Account CUSIP # 8AMMFOAP6
Police Protection Expense Fund # 128262- 013
US Bank Money Market Account CUSIP # 8AMMFOAP6
Community Facilities District ( CFD) 2001- 1
Special Tax Fund # 217795000
US Bank Money Market Account CUSIP # 8AMMFOAP6
Interest Account # 217795001
US Bank Money Market Account CUSIP # 8AMMFOAP6
Principal Account # 217795002
US Bank Money Market Account CUSIP # 8AMMFOAP6
Administrative Expense Account # 217795003
US Bank Money Market Account CUSIP # 8AMMFOAP6
Costs of Issuance Fund # 217795005
US Bank Money Market Account CUSIP # 8AMMFOAP6
Community Facilities District ( CFD) 2007- 1
Administrative Expense Fund # 260722000
US Bank Money Market Account CUSIP # 8AMMF0390
Fire Expense Fund # 260722001
US Bank Money Market Account CUSIP # 8AMMF0390
Police Expense Fund # 260722002
US Bank Money Market Account CUSIP # 8AMMF0390

TOTAL INVESTMENTS US BANK ( COMMUNITY FACILITIES DISTRICTS) 4, 582, 063. 58
18, 112, 059. 00
4, 532, 805. 00
13, 491, 591. 00
40, 718, 518. 58
3, 552, 997. 89
3, 552, 997. 89
44, 271, 516. 47
131, 774. 51
1, 554, 198. 00
5, 700, 267. 00
7, 386, 239. 51
n/ a 0. 00% 86, 405. 43
n/ a 0. 00%
n/ a 0. 00%
n/ a 0. 00%
n/ a 0. 00%
n/ a 0. 00%
n/ a 0. 00%
n/ a 0. 00%
n/ a 0. 00%
n/ a 0. 00%
n/ a 0. 00%
57, 492. 00
21, 264. 22
54,688.06
12, 266. 48
12, 519. 17
7, 285. 89
1, 805. 88
86, 405. 43
57, 492. 00
21, 264. 22
54, 688. 06
12, 266. 48
12, 519. 17
7, 285. 89
1, 805. 88
668. 45 668. 45
254, 395. 58
E
-2-

MATURITY PAR ORIGINAL

DESCRIPTION PERIOD YIELD VALUE COST
INVESTMENTS: FISCAL AGENT ACCOUNTS ( continued)
US Bank Corporate Trust Services ( SARDA)
2004E Tax Allocation Refunding Bonds
Special Fund 786709001
Federated Treasury Obligations CUSIP # 60934N872 n/ a 0. 00% 258, 671. 36 258, 671. 36 Interest Fund 786709002
Federated Treasury Obligations CUSIP # 60934N872 n/ a 0. 00% 3. 22 3. 22 Principal Fund 786709003
Federated Treasury Obligations CUSIP # 60934N872 n/ a 0. 00% Reserve Fund 786709004
Federated Treasury Obligations CUSIP # 60934N872 n/ a 0. 01 % 176, 426. 31 176, 426. 31 2015A Tax Allocation Refunding Bonds
Special Fund 268777000
Federated Treasury Obligations CUSIP # 60934N872 n/ a 0. 01 % 519, 154. 38 519, 154. 38 Interest Fund 268777001
Federated Treasury Obligations CUSIP # 60934N872 n/ a 0. 00% 33. 12 33. 12 Principal Fund 268777002
Federated Treasury Obligations CUSIP # 60934N872 n/ a 0. 00% Reserve Fund 268777004
Federated Treasury Obligations CUSIP # 60934N872 n/ a 0. 01 % 956, 935. 01 956, 935. 01 Expense Account268777006
Federated Treasury Obligations CUSIP # 60934N872 n/ a 0. 00% 13, 504. 71 13, 504. 71 2017 Tax Allocation Refunding Bonds
Debt Service Fund 259928000
Federated Treasury Obligations CUSIP # 60934N872 n/ a 0. 00% 0. 76 0. 76 Interest Fund 259928001
Federated Treasury Obligations CUSIP # 60934N872 n/ a 0. 00% Principal Fund 259928002
Federated Treasury Obligations CUSIP # 60934N872 n/ a 0. 00% TOTAL INVESTMENTS US BANK ( SARDA)- 1, 924, 728. 87
TOTAL CASH AND INVESTMENTS 72, 377, 351. 62
All investments are placed in accordance with City of Highland' s Investment Policy and Guidelines. The above summary provides sufficient cash flow liquidity to me t the next six month' s estimated expenditures. This report is in accordance with Government Code Section 53646.

SIGNED: SIGNED:

Joseph ghes Chuck Dantuono

CITY AGER DIRECTOR OF ADMINISTRATIVE

SERVICES/CITY TREASURER
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STAFF REPORT

TO THE CITY COUNCIL
DATE: January 11, 2022
FROM: Joseph Hughes, City Manager
PREPARED BY: Betty Hughes, MMC, City Clerk
SUBJECT: Records Destruction Authorization
RECOMMENDATION: That the City Council approve the destruction of certain records.

FISCAL IMPACT: Minimal — utilizing existing service with Shred -It.

PUBLIC NOTICE: The agenda for this item was posted at the three locations per Resolution No. 2011- 047 and on the City' s website.

BACKGROUND: In compliance with the city-wide records retention schedule adopted by the City Council on February 25, 2020, the Director of Administrative Services requests approval to destroy the records. The list has been reviewed and approved by the City Attorney.

The following records shall be retained for six years after audit and may be subsequently destroyed. Staff is requesting approval be given to destroy records in this category which are dated for tax years 2006- 2010.

1. IRS Tax Forms (W2)

2. Time Cards/ Sheets

3. IRS Tax Forms ( 1099, 1096)
The following records shall be retained for five years after audit and may be subsequently destroyed. Staff is requesting approval be given to destroy records in this category which are dated for tax years 2006- 2010.

1. Payroll Reports

2. Payroll, Tax Reports
Approved Motion Second
Denied Ayes
Continued Noes
Tabled Abstain
Absent
1 J /*
City Clerk
Agenda Item No.

File No.

City Manager
-1-
The following records shall be retained for two years after audit and may be subsequently destroyed. Staff is requesting approval be given to destroy records in this category which are dated for tax years 2006- 2010.

1. Reports, Labor Distribution
The following records shall be retained for five years after termination and may be subsequently destroyed. Staff is requesting approval be given to destroy records in this category which are dated for years 2006- 2010.

1. Retirement
staffreports/ records destruction staff reports/ destroy records 01. 11. 22 stf rep. doc -2-
k 1917
Os
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CITY OF HIGHLAND

RECORDS DESTRUCTION FORM
r HIG
DEPARTMENT/ DIVISION Total # of Boxes:

Human Resources 7
DEPARTMENT HEAD APPROVAL:

I hereby certify that the records to be disposed of are in compliance with the current retention schedule for the City of Highland. I certify these records are not the subject of any claim, litigation, investigation or audit.

Department Head Signature Date
DESTRUCTION METHOD:

The scheduled records listed below are to be disposed of in the manner checked below:

Shredding ( outside vendor)
Discard
A.

Description of Record( s)
B.

Inclusive Dates of
Documents
IRS Tax Forms ( W- 2) Tax years 2006- 2010
Payroll Reports Tax years 2006- 2010
Payroll, Tax Reports Tax years 2006- 2010
Reports, Labor Distribution Tax years 2006-2010
Retirement Tax years 2006-2010
Time Cards/ Sheets Tax years 2006- 2010
APPROVALS:

City Attorney Date
I certify that such destruction meets the requirements of the City's Records Retention Schedule approved by City Council Resolution No. 2020- 008.

City Clerk Date
C:\ MyFiles\ WPDATA\ Forms\ destroy records and disposal form. wpd -3-
4A 967
fifq
g CITY OF HIGHLAND
cf'
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HiG

RECORDS DESTRUCTION FORM OF
DEPARTMENT/ DIVISION Total # of Boxes:

Finance/ Accounting 1
DEPARTMENT HEAD APPROVAL:

I hereby certify that the records to be disposed of are in compliance with the current retention schedule for the City of Highland. I certify these records are not the subject of any claim, litigation, investigation or audit.
r0
Department Head Signature Date
A.

Description of Record( s)
DESTRUCTION METHOD:

The scheduled records listed below are to be disposed of in the manner checked below:

M Shredding ( outside vendor)
Discard
B.

Inclusive Dates of
Documents
IRS forms ( 1099 & 1096) I Tax years 2006- 2010 I
APPROVALS:

City Attorney Date
I certify that such destruction meets the requirements of the City s Records Retention Schedule approved by City Council Resolution No. 2020- 008.

City Clerk
C:\ MyFiles\ WPDATA\ Forms\ destroy records and disposal form.wpd Date
-4-

STAFF REPORT

TO THE CITY COUNCIL
DATE: January 11, 2022
FROM: Joseph Hughes, City Manager
REVIEWED BY: Carlos Zamano, Public Works Director/City Engineer°..

PREPARED BY: Alondra Munoz — Engineering Technician II
SUBJECT: Notice of Completion — Project Nos. str11005 & str11006 ( Bid No. 2020- 05, Federal Funded Safe Routes to School Projects")
RECOMMENDATION: It is recommended that the City Council:

1. Accept Project Nos. str11005 & str11006 ( Bid No. 2020- 05, " Federal Funded Safe Routes to School Projects") as complete;

2. Authorize the Mayor to sign the Notice of Completion; and

3. Direct the City Clerk to file the Notice of Completion.

FISCAL IMPACT: The original contract amount was $ 1, 456, 569. 00. The final contract amount is $ 1, 586, 955. 20, with a $ 130, 426. 20 ( 9%) increase based on final quantities and negotiated contract change orders.

On October 12, 2021, the City Council approved contract change orders up to 12% of the original construction contract with DM Contracting, Inc. ( DM). However, the final contract amount with DM only increased the original contract by 9% contingency. Below is the construction funding sources breakdown by project:

Funding str11005 str11006
Federal SRTS Grant $ 354, 009. 00 $ 503, 135. 00
Federal Earmark Grant $ 148, 353. 00 $ 39, 959. 61
Measure I Local Street Pass- thru $ 109, 215. 52 $ 242, 882. 08 In -Lieu Development $ 100, 850. 39 $ 45, 400. 00
2004 RDA Bond Proceeds $ 9, 337. 22 $ 33, 853. 38
721, 765. 13 $ 865, 230. 07
Approved Motion Second
Denied Ayes
Continued Noes
Tabled Abstain
Absent
Agenda Item No.

File No.

City Clerk ager
-1-
PUBLIC NOTICE: The agenda for this item was posted at the three locations per Resolution No. 2011- 047 and on the City' s website.

BACKGROUND: This project entails two separate projects as follows:

Project str11005 ( Bid Schedule 1) — This project consists of new curbs, gutter, sidewalk and match up paving on two segments of 9th Street between Central Avenue and Drummond Avenue, and a short segment of Cunningham Street and Hillview Street north of 9th Street.

The project also includes a new pedestrian crosswalk with in -roadway warning lights, advance warning beacons, and handicap ramps on Church Avenue near the intersection of Norwood Street.

2. Project str11006 ( Bid Schedule II) — This project consists of new curbs, gutter, sidewalk and match up paving on McKinley Street between 9th Street and Base Line. The project also includes a new pedestrian crosswalk with in -road warning lights, advance warning beacons, and handicap ramps on Base Line at the intersection of Valeria Drive.

Construction of the project has been completed by DM, and the project is ready for City Council acceptance.

Attachments: ( 1) Location Map
2) Notice of Completion
M:\ PUBWRK\ str11005 9th Street SRTS Improvements Cunningham to Palm\ Construction\ Notice of Completion Stf Rpt 12- 14- 21. doc -2-
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RECORDING REQUESTED BY &
WHEN RECORDED MAIL TO:

BETTY HUGHES

CITY CLERK

CITY OF HIGHLAND
27215 BASE LINE
HIGHLAND, CA 92346
No APN

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is owner or agent of the owner of the interest or estate stated below in the property hereinafter described.

2. The full name of the owner is City of Highland.

3. The full address of the owner is 27215 Base Line, Highland, CA 92346.

4. All work of improvement on the property hereinafter described was substantially completed on or before November 29, 2021.

5. The work of improvement completed is described as follows: Bid No. 2020- 05, Federal Funded Safe Routes to School Projects ( Project Nos. str11005 & strl 1006)".

6. The name of the original contractor for such work of improvement is DM Contracting, Inc.

7. The property on which said work of improvement is located on various streets in the City of Highland.

DATE: January 11, 2022
Larry McCallon
Mayor, City of Highland
I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the Mayor of the aforesaid interest or estate in the property described in the above notice; that I have read the said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.

January 11, 2022, Highland, CA
Date and Place Larry McCallon
Mayor, City of Highland
-4-

STAFF REPORT

TO THE CITY COUNCIL
DATE: January 11, 2022
FROM: Betty Hughes, MMC, City Clerk
PREPARED BY: Joseph Hughes, City Manager
SUBJECT: Second Reading of Ordinance No. 452 Designating the Location of Regular Meetings and Proposed Resolution No. 2022-
Setting the Date and Time for Regular City Council Meetings RECOMMENDATION: That the City Council:
1) Conduct a second reading, read by title only, and waive further reading of Ordinance No. 452 designating the location of regular meetings of the City Council and rescinding Ordinance No. 236, and
2) Adopt Resolution No. 2022- setting the date and time for regular City Council meetings and readopting rules of procedure for Council meetings and related functions and activities, and repealing Resolution No. 2001- 012.

FISCAL IMPACT: None
PUBLIC NOTICE: The agenda for this item was posted at the three locations per Resolution No. 2011- 047 and on the City' s website.

BACKGROUND: On December 14, 2021, the City Council discussed the pros and cons of switching from two regular City Council meetings per month to one regular City Council meeting per month and held its first reading of Ordinance No. 452, designating the location of regular meetings of the City Council. Attached is proposed Resolution No. 2022- setting the date and time for regular City Council meetings to be held on the second Tuesday of each month at 6:00 p. m.

Attachment 1: Ordinance No. 452
Attachment 2: Proposed Resolution & Current Resolution No. 2001- 012 Attachment 3: December 14, 2021 Staff Report
Approved Motion Second
Denied Ayes
Continued Noes
Tabled Abstain
Absent
1 City Clerk
Agenda Item No. 61
File No.
nager
-1-
Attachment 1
Ordinance No. 452
-2-
ORDINANCE NO. 452

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HIGHLAND,

CALIFORNIA, DESIGNATING THE LOCATION OF REGULAR MEETINGS

OF THE CITY COUNCIL OF THE CITY OF HIGHLAND AND
RESCINDING ORDINANCE NO. 236
WHEREAS, in 1998 the City Council adopted Ordinance No. 236 establishing the days, time and location of the regular meetings of the City Council; and WHEREAS, Government Code Section 36805 states the City Council shall hold regular meetings at least once a month at times fixed by ordinance or resolutions. It may adjourn any regular meeting or adjourned meeting to a date specified in the order of the adjournment. When so adjourned, the adjourned meeting is a regular meeting for all purposes.

THE CITY COUNCIL OF THE CITY OF HIGHLAND DOES HEREBY ORDAINS AS FOLLOWS:

Section 1. The City Council hereby rescinds Ordinance No. 236.

Section 2. Section 2. 04. 040 ( Venue and time for meetings) of Chapter 2. 04 City Council) of Title 2 ( Administration and Personnel) of the Highland Municipal Code is hereby amended to read as follows:

The regular meetings of the City Council of the City of Highland shall be held at the Donahue Council Chambers, 27215 Base Line, Highland, California 92346, at 6 p. m. on Tuesdays based on a schedule set forth by Resolution No. of the City Council."
Section 3. This Ordinance shall take effect thirty (30) days after adoption.

Section 4. Prior to the expiration of fifteen ( 15) days after its passage, this Ordinance shall be published and/ or posted in at least three ( 3) public places designated by Resolution of the City Council of the City of Highland.

Section 5. The City Clerk shall certify to the adoption of this Ordinance.

Ordinance No. 452

Page 1 of 2 ends

-3-
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Highland this 11th day of January, 2022.

Larry McCallon
Mayor
ATTEST:

Betty Hughes, MMC
City Clerk
Ordinance No. 452

Page 2 of 2 ends

-4-
Attachment 2
Proposed Resolution and Current Resolution No. 2001- 012 -5-
RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA, REPEALING RESOLUTION 2001- 12, AND SETTING THE

DATE AND TIME FOR REGULAR CITY COUNCIL MEETINGS, AND

READOPTING RULES OF PROCEDURE FOR COUNCIL MEETINGS AND

RELATED FUNCTIONS AND ACTIVITIES

THE CITY COUNCIL OF THE CITY OF HIGHLAND DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council hereby repeals Resolution No. 2001- 012.

SECTION 2. The City Council hereby sets the day and time ofregular City Council meetings and adopts the following rules and procedures for the conduct of City Council meetings.

PURPOSE: The purpose and intent of the City Council in adopting these rules is to provide guidelines relating to the conduct of public business by or on behalf ofthe City Council, and in the event of any non- compliance with, or violation of, any provision herein, such will not be deemed to affect the validity of any action taken, unless otherwise specifically provided by law.

1. CITY COUNCIL MEETINGS
All meetings ofthe City Council shall be held within the corporate limits of the City unless otherwise permitted by State Law.

1. 1 REGULAR MEETINGS
The City Council of the City of Highland shall hold regular meetings in the place specified in Ordinance No. 452, at the Donahue Council Chambers, 27215 Base Line, Highland, CA 92346. Effective March 1, 2022, the regular City Council meetings will be held on the second Tuesday of each month at 6: 00 p. m. If the day for a regular meeting of the Council falls on a legal holiday, no meeting shall be held on such holiday, but a regular meeting shall be held at the same hour on the next succeeding business day thereafter that is not a holiday.

1. 2 ADJOURNED MEETINGS
Any meeting may be adjourned to a time, place and date certain, but not beyond the next regular meeting. Once adjourned, the meeting may not be reconvened.

1. 3 SPECIAL MEETINGS
Special Meetings may be called by the Mayor or majority of Council Members on at least 24- hour notice, as set forth in Section 54956 ofthe Government Code ofthe State of California.

Only matters contained in the notice may be considered and no ordinances ( other than urgency ordinances) may be adopted, although an ordinance may be introduced at a special meeting.

Resolution No. 2022-

Page 1 of 18 ends

2401474_ 1
-6-

1. 4 STUDY SESSIONS
Members of Council may meet in Study Session as deemed necessary ( See Section

10. 1).

1. 5 NOTICE OF MEETINGS
Notice to the City Council ofRegular Meetings is not required. Mailed or personally delivered notice is required of Special Meeting and Study Session, unless otherwise waived. Mailed and posted notice is required of meetings adjourned by the City Clerk. Posted notice is required of all other adjourned meetings ( Government Code Section 54956).

1. 6 QUORUM
Unless otherwise required by law or provided for by Resolution, a majority of the Council shall be sufficient to do business and motions may be passed 2- 1 if only 3 attend. However, the following matters require three affirmative votes:

A) Adoption of Ordinances;
B) Resolutions granting franchises; and
C) Orders for payment of money.

1. 6. 1 LEGALLY REQUIRED PARTICIPATION
Ifa majority ofthe Council shall be disqualified to vote on a matter by reason of actual or apparent conflicts of interest, the Council shall select by lot or other means of random selection, or by such other impartial and equitable means as the Council shall determine, that number of its disqualified members which, when added to the members eligible to vote, shall constitute a quorum, with a sufficient number of members to act on the matter.

1. 7 MEETINGS TO BE PUBLIC
Study Sessions and all Regular, Adjourned or Special Meetings of the City Council shall be open to the public, provided however, the Council may hold Closed Sessions from which the public may be excluded for the consideration of any matter as allowed by Government Code Section 54957 et seq.

1. 8 MEETING TIME LIMITATION
Any public agenda item( s) which have not been initiated by 11: 00 p. m. will be continued either to a Special Meeting, Adjourned Meeting, or the next regularly scheduled City Council meeting. Any item initiated before 11: 00 p.m. on which a conclusion has not been reached by 11: 30 p.m. will be continued to the next regularly scheduled meeting, Special Meeting or Adjourned Meeting. The time limitation can be extended by a unanimous vote of the City Council.

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2. ORDER OF BUSINESS

2. 1 AGENDA
a) The order of business of each meeting shall be as contained in the agenda prepared by the City Clerk. The agenda shall be a listing by topic of the subjects which shall be taken up for consideration in substantially the following order unless otherwise determined by the City Manager to be in the interest of orderly conduct of the City' s business:

Call to Order
Invocation
Flag Salute
Roll Call
Report from Closed Session
Special Presentations
Community Input
Consent Calendar
Public Hearings
Legislative
Announcements
Closed Session
Adjournment
b) Except with majority consent of the Council, items may not be taken out of order.
c) Except as specifically noticed for a different time, the first public hearing on the agenda at a Regular Meeting of the City Council shall commence at 6: 00 p.m., or as soon thereafter as the City Council may conveniently hear the matter. d) No matters other than those listed on the agenda and briefly described in accordance with Government Code Section 54954. 2 shall be finally acted upon by the Council, provided however that the Council may take action on items of business which do not appear on the posted agenda under any of the following conditions or circumstances:
1) Upon a determination by a majority vote of the Council that an emergency situation exists, as defined in Section 54956. 5 of the California Government Code. 2) Upon a determination by a two-thirds vote of the Council, or if less than two- thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the City subsequent to the agenda being posted as specified in subdivision ( a) ofGovernment Code Section 54954. 2.
3) The item was posted pursuant to Government Code Section 54954. 2( a) for a prior meeting ofthe Council occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken.

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2. 2 ROLL CALL
Before proceeding with the business ofthe Council, the City Clerk shall call the roll of the Council Members and the names of those present shall be entered in the Minutes. The order of roll call shall be in alphabetical order by last name.

2. 3 APPROVAL OF MINUTES
Unless requested by a majority ofthe City Council, Minutes of the previous meeting may be approved without public reading if the City Clerk has previously furnished each Council Member with a copy thereof.

2. 4 PUBLIC HEARINGS
Generally, public hearings, other than those of a quasi- judicial nature, shall be conducted in the following order:

Hearing Opened by Mayor
Staff Review
Questions of Staff by Council
Applicant or Representative Presentation
Questions of Applicant or Representative by Council
Speakers in Favor of Proposal
Speakers in Opposition to Proposal
Applicant or Representative Rebuttal
Hearing Closed by Mayor to Public Testimony
Discussion by Council
Action by Council
a) Questions or comments from the public shall be limited to the subject under consideration. Depending upon the extent of the agenda, and the number of persons desiring to speak on an issue, the Mayor or Presiding Officer may, at the beginning of the hearing, limit testimony to not less than three ( 3) minutes per individual. Any person may speak for a longer period of time, upon approval of the City Council, when this is deemed necessary in such cases as when a person is speaking as a representative of a group or has graphics or slide presentations requiring more time.
b) Quasi-judicial hearings shall be conducted in accordance with the principles of due process, and the City Attorney shall advise the City Council in this regard. c) In any hearings before the City Council, notice of which is to be published or posted, ifthe City Council, or any member thereof, or a proponent or opponent ofthe matter requests any or all participants in the proceedings testify under oath or affirmation, the making of such request shall be set forth in the notice ofhearing. Additionally, the notice of hearing shall state the giving of testimony under oath or affirmation shall be voluntary as to each person wishing to be heard in the matter, and any person who has a question or concern regarding the giving oftestimony under oath or affirmation should consult an attorney of his or her own choosing and at his or her own expense. Each person testifying under oath or affirmation in any such proceeding shall, before testifying, state on the record he or she agrees to testify under oath or affirmation in the matter and has had an opportunity to consult with an attorney of his or her own choosing in respect thereto.

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2. 5 COMMUNITY INPUT
Any person may address the Council on any subject pertaining to City business which is not listed on the agenda during the Community Input portion of each meeting. Such comments shall be limited to not more than three ( 3) minutes per individual ( See Section 5. 2).

2. 6 CONSENT CALENDAR
Items of routine nature, and non -controversial, shall be placed on the consent calendar. All items may be approved by one blanket motion upon majority roll call vote. Any Council Member may request any item be withdrawn from the consent calendar for separate consideration by providing written notice to the City Clerk or City Manager prior to the commencement of the meeting. However, any Council Member may abstain from voting or vote No" on any consent calendar item without requesting its removal from the consent calendar, and the City Clerk shall be instructed to record such abstentions or negative votes in the minutes.

2. 7 PROCLAMATIONS
Upon receipt of a request by City Officials or staff from an outside organization or person( s) for a Proclamation, the request shall be submitted to the Mayor, City Manager and/ or City Clerk, in writing, for inclusion in the agenda of the next regular Council meeting.

In the event of a scheduling problem, the request shall be forwarded to the Mayor, City Manager and/ or City Clerk, who will immediately provide copies to the Council. Unless any Council Member requests within 72 hours that the matter be agendized for consideration by the City Council, the Mayor will act on behalf of the City Council.

Depending upon the request, the Proclamation may be presented to the recipient at the next regular Council meeting, or mailed to the requestor, or presented by a Council Member at a specified function only ifit is specified that way within the request or within the presentation to the Council, consistent with the circumstances stated in the request.

3. PRESIDING OFFICER

3. 1 PRESIDING OFFICER
a) The Mayor shall be the Presiding Officer at all meetings of the Council. In the absence of the Mayor, the Mayor Pro Tem shall preside. In the absence of both the Mayor and Mayor Pro Tem, the Council shall elect a temporary Presiding Officer to serve until the arrival ofthe Mayor or the Mayor Pro Tem or until adjournment, whichever first occurs. b) The Council shall meet annually to choose one of its number as Mayor and another of its number as Mayor Pro Tem. In the years in which a General Municipal Election is scheduled, such meeting shall be held as soon as possible after the official canvass is received from the County following the election. In the years in which no General Municipal Election is scheduled, such meeting shall be held on the second Tuesday of the month which falls twelve months after the most recent General Municipal Election. c) Selection of the Mayor and Mayor Pro Tem shall occur at any regular, special or adjourned meeting of the Council. The City Clerk shall preside at the portion of the Council meeting which is concerned with the nomination for and selection ofthe Mayor.

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d) Nominations for the office ofMayor or Mayor Pro Tem may be made by any member ofthe Council and need not be seconded in order to be effective. Each selection shall be by three or more affirmative votes. In the event no person receives three or more votes in the selection process for one or both offices, the selection process shall be repeated immediately provided, however, the two persons receiving the highest number of votes in the preceding selection process shall be the only nominees for the office to be filled. If, upon repeating the selection process for Mayor or Mayor Pro Tem, no person has yet received three affirmative votes for such office, the Council may either repeat the selection process until the officer has been duly selected or may continue the selection to the next regular meeting of the Council. e) The Mayor and Mayor Pro Tem selected pursuant hereto shall serve until the next meeting scheduled for selection ofMayor and Mayor Pro Tem pursuant to Section (b) of this Section 3. 1, and thereafter until their successors have been duly selected. f) The offices of Mayor and Mayor Pro Tem shall be deemed vacant upon the happening of any of the following:
1) The death of the holder of such office;
2) The loss or resignation from membership on the Council by the holder of such office;
3) The acceptance by the Council ofthe resignation from such office by the holder thereof.

At its first regular meeting after the occurrence of a vacancy created by any of the foregoing events, the Council shall select a successor to such office pursuant to the selection procedures established by this Section 3. 1.

3. 2 PARTICIPATION OF PRESIDING OFFICER
The Presiding Officer may move, second, and debate from the Chair, subject only to such limitations of debate as are imposed on all Council Members, and he/ she shall not be deprived of any of the rights and privileges of a Council Member by reason of his/ her acting as a Presiding Officer. However, the Presiding Officer is primarily responsible for the conduct of the meeting. If he/ she desires to personally engage in extended debate on questions before the Council, he/ she should consider turning the Chair over to another member.

3. 3 QUESTION OR MOTION TO BE RESTATED
The Presiding Officer shall verbally restate, or request the City Clerk to restate, each question or motion immediately prior to calling for the vote, as needed. Following the vote the Presiding Officer shall verbally announce whether the question was carried or defeated. The Presiding Officer may also publicly state the effect ofthe vote for the benefit ofthe audience before proceeding to the next item of business.

3. 4 SIGNING OF DOCUMENTS
The Mayor, or Mayor Pro Tem in the absence ofthe Mayor, shall sign all documents and/ or correspondence which he/ she has been instructed to sign or has been adopted by, the City Council. The City Clerk or Deputy City Clerk shall attest to the signature ofthe Mayor or Mayor Pro Tem.

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3. 5 MAINTENANCE OF ORDER
The Presiding Officer is responsible for the maintenance of order and decorum at all times. No person is allowed to speak who has not first been recognized by the Presiding Officer.

All questions and remarks shall be addressed to the Presiding Officer.

4. RULES, DECORUM, AND ORDER

4. 1 POINTS OF ORDER
The Presiding Officer shall determine all Points of Order subject to the right of any member to appeal to the Council. If any appeal is taken, the question shall be, " Shall the decision of the Presiding Officer be sustained?" in which event a majority vote shall govern and conclusively determine such question of order.

4.2 DECORUM AND ORDER - COUNCIL MEMBERS
a) Any Council Member desiring to speak shall address the Presiding Officer and, upon recognition by the Presiding Officer, shall confine him/ herself to the question under debate.
b) A Council Member may ask questions of staff, and in appropriate cases, staff may direct the questions to the City Manager or the City Attorney to address. c) A Council Member, once recognized, shall not be interrupted while speaking unless:
1) Called to order by the Presiding Officer;
2) A Point of Order is raised by another Council Member; or 3) The speaker chooses to yield to questions from another Council Member.
d) Any Council Member called to order while he/ she is speaking shall cease speaking immediately until the question of order is determined. Ifruled to be in order, he/ she shall be permitted to proceed. Ifruled to be not in order, he/ she shall remain silent or shall alter his/her remarks so as to comply with the rules of the Council.
e) Council Members shall accord the utmost courtesy to each other, to City employees, and to the public appearing before the Council and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments and statements as to motives and personalities.
f) Any Council Member may move to require the Presiding Officer to enforce the rules and the affirmative vote of a majority of the Council shall require him/ her to so act. g) The City Council shall not prohibit criticism of the policies, procedures, programs, or services ofthe agency or the acts or omissions ofthe legislative body or staff. Nothing in this subdivision shall confer any privilege or protection for expression beyond that otherwise provided by law.

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4. 3 DECORUM AND ORDER - EMPLOYEES
Members ofthe administrative staff and employees ofthe City shall observe the same rules of procedure and decorum applicable to members of the Council. The City Manager shall ensure all City employees observe such decorum. Any staff members, including the City Manager, desiring to address the Council or members ofthe public shall first be recognized by the Presiding Officer. All remarks shall be addressed to the Presiding Officer and not to any one individual Council Member or member of the public.

4. 4 DECORUM AND ORDER - PUBLIC
Members of the public attending Council meetings shall observe the same rules of order and decorum applicable to the Council. Any person making impertinent and slanderous remarks or who becomes disruptive while addressing the Council or while attending the Council meeting may be ordered to leave the room if the Sheriffs Deputy is so directed by the Presiding Officer, and such person may be barred from the audience. Unauthorized remarks, stamping offeet, whistles, yells and similar disruptive demonstrations shall not be permitted by the Presiding Officer, who may direct the Sheriff' s Deputy to remove such offenders from the room. Aggravated cases shall be prosecuted on appropriate complaint signed by the Presiding Officer.

4. 5 ENFORCEMENT OF DECORUM
Upon violation of the rules of decorum described above in this Section 4, the procedure to enforce the rules shall be as follows:
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1) Warning. The Mayor shall first request that a person who is violating the rules cease such conduct.
2) Recess. If, after receiving a request from the Mayor, the person persists in violating the rules, the Mayor shall order a recess. Any representative of law enforcement who is present at the meeting when the violation occurs shall be authorized to warn the person that his or her conduct is violating the rules and that he or she is requested to cease such conduct.
3) Removal of Disruptive Person. If upon resumption of the meeting the violation persists so as to disturb, disrupt, or otherwise impede the orderly conduct of the meeting, the Mayor shall have the authority to ask the law enforcement personnel to remove the person from the meeting. 4) Motion to Enforce. If the Mayor fails to enforce the rules of decorum set forth herein, any Council Member may move to require the Mayor to do so, and an affirmative vote of three members of the Council shall require the Mayor to do so.

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5) Clearing the Room. Pursuant to Government Code Section 54957. 9, in the event that any meeting is willfully interrupted by a person or group of persons so as to disrupt, disturb or otherwise impede the orderly conduct of such meeting and order cannot be restored by the removal of the individuals who are willfully interrupting the meeting, the City Council may order that the meeting room be cleared and the meeting shall continue in session. The motion to clear the room shall be by a vote of not less than three members of the City Council in favor. Only matters appearing on the agenda may be considered in such a session. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to Government Code Section 54957. 9. 6) Violation of the California Penal Code. A person or persons who substantially impairs the conduct of a City Council meeting by knowingly and intentionally violating these rules of decorum may be prosecuted under Penal Code Section 403 for disturbing a public meeting. Every person who violates Penal Code Section 403 is guilty of a misdemeanor.

4. 6 PERSONAL PRIVILEGE
The right of a member to address the Council on a question ofpersonal privilege shall be limited to cases in which his/her integrity, character, or motives are assailed, questioned or impugned.

4. 7 CONFLICT OF INTEREST
All Council Members are subject to the provisions of California Law, such as Chapter 7, Title 9, of the California Government Code, relative to conflicts of interest, and to conflict of interest codes adopted by the Council. Any Council Member prevented from voting because of a conflict of interest shall refrain from debate and voting. Such Council Member shall leave the Council Chambers during debate and voting on the issue.

4. 8 LIMITATION OF DEBATE
No Council Member should speak more than once upon one subject until every other member choosing to speak thereon has spoken. No Council Member shall speak for a longer time than five ( 5) minutes each time he/ she has the floor, without the approval of a majority vote of the Council.

4. 9 DISSENTS, PROTESTS AND COMMENTS
Any Council Member shall have the right to express dissent from or protest to or comment upon any action ofthe Council and have the reason entered in the minutes. If such dissent, protest or comment is desired to be entered in the minutes, this should be made clear by language such as, " I would like the minutes to show that I am opposed to this action for the following reasons..."
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4. 10 RULINGS OF PRESIDING OFFICER FINAL UNLESS OVERRULED In presiding over Council meetings, the Presiding Officer shall decide all questions of interpretation of these rules, points of order or other questions of procedure requiring rulings. Any such decision or ruling shall be final unless overridden or suspended by majority vote ofthe Council Members present and voting, and shall be binding and legally effective for purposes of the matter under consideration.

5. ADDRESSING THE COUNCIL

5. 1 MANNER OF ADDRESSING THE COUNCIL
a) Any member ofthe public desiring to address the Council shall proceed to the podium and wait to be recognized by the Presiding Officer. After being recognized, he/ she shall be asked to state his/ her name and address for the record. b) All remarks and questions shall be addressed to the Presiding Officer and not to any individual Council Member, staff member or other person. During a public hearing all remarks shall be limited to the subject under consideration. No person shall enter into any discussion without being recognized by the Presiding Officer. c) Any member ofthe Council who has been recognized by the Presiding Officer of the Council for such purpose may address or respond to a member of the public who has addressed the Council pursuant hereto. Such address or response shall be exercised only once for each member of the public, shall not exceed three ( 3) minutes in length and shall be deemed to express the individual position or opinion ofthe Council Member offering the same and shall not be construed to bind the Council or the City in any manner. Unless otherwise directed by the Council, the restrictions imposed by this Subsection ( a) shall apply only to those portions of the Council agenda during which members of the public are permitted to make oral communications to the Council.

5. 2 TIME ALLOCATION
Any member of the public desiring to address the Council shall limit his/her statement to three ( 3) minutes unless further time has been granted by the Presiding Officer in the individual case, or in accordance with Section 2. 5.

5.3 ADDRESSING THE COUNCIL AFTER MOTION IS MADE
After a motion has been made, or after a public hearing has been closed, no member ofthe public shall address the Council without first securing permission by the Mayor.

5. 4 LIMITATIONS REGARDING PUBLIC COMMENTS AND REPORTS
The making of oral communications to the Council by any member of the public during the " Community Input" portion of the agenda shall be subject to the following limitations:

5. 4. 1 At any time, before or after the oral communication is commenced, the Presiding Officer may ifhe/ she deems it preferable, direct the communication be made instead either to the City Manager or other appropriate staff member during regular business hours, or in writing for subsequent submittal to Council Members.

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5. 4. 2 No speaker shall be permitted to address the Council on a topic which is currently before or about to be submitted for consideration by a City Commission, Board or other agency before which the speaker should make his/ her presentation, until that latter body has completed its deliberations and taken its final action. In case the speaker should have followed an otherwise available appeal procedure, the Presiding Officer shall not allow oral communications to the Council outside that procedure.

5. 4. 3 The Presiding Officer may limit the number of speakers heard on non -agenda topics at any single meeting. Those whose presentations are postponed shall be given priority at the next meeting during the " Community Input" portion of the agenda.

5. 4. 4
If it appears that several speakers desire to speak regarding a single topic, the Presiding Officer may reasonably limit the number speaking as to each side of an issue. In this regard, preference may be given to speakers who represent groups of persons who have designated a spokesperson.

5. 4. 5 No oral communications shall be allowed by the City Council to include charges or complaints against any employee of the City, regardless of whether such employee is identified in the presentation by name or by any other reference which tends to identify him/ her. All charges or complaints against employees shall be submitted to the City Manager for appropriate action, and may also be submitted to members ofthe Council by written communication.

5. 5 WRITTEN CORRESPONDENCE
The City Manager is authorized to receive and open all mail addressed to the Council as a whole and give it immediate attention to the end that all administrative business referred to in said communications, and not necessarily requiring Council action, may be disposed of between Council meetings. A copy of such communication shall be provided to each Council Member marked " Information Only".

Any communication relating to a matter pending, or to be brought before the City Council shall be included in the agenda packet for the meeting at which such item is to be considered.

Letters of appeal from administrative or commission decisions shall be processed under applicable provisions of the Municipal Code or other Ordinances.

Copies of all other communications sent to the Council will be transmitted to them.

5. 6 PERSONS AUTHORIZED TO BE WITHIN PLATFORM
No person except City officials shall be permitted within the area in front of the Council table without the invitation or consent of the Presiding Officer.

6. MOTIONS

6. 1 PROCESSING OF MOTIONS
When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. A motion so stated shall not be withdrawn by the mover without the consent ofthe person seconding it.

6. 2 MOTIONS OUT OF ORDER
The Presiding Officer may at any time, by majority consent ofthe Council, permit a member to introduce an Ordinance, Resolution, or motion out of the regular agenda order.

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6. 3 DIVISION OF QUESTION
Ifthe question contains two or more divisionable propositions, the Presiding Officer may, and upon request of a member shall, divide the subject matter of a motion so that Council members can vote separately on each part.

6. 4 PRECEDENCE OF MOTIONS
When a motion is before the Council, no motion shall be entertained except the following, which shall have precedence in the following order:
1) Adjourn
2) Fix Hour of Adjournment
3) Table
4) Limit or Terminate Discussion
5) Amend
6) Postpone

6. 5 MOTION TO ADJOURN ( Not Debatable)
A motion to adjourn shall be in order at any time, except as follows:
1) When repeated without intervening business or discussion; 2) When made as an interruption of a member while speaking; 3) When discussion has been ended, and vote and motion is pending; and 4) While a vote is being taken.

A motion to adjourn " to another time" shall be debatable only as to the time to which the meeting is adjourned.

6. 6 MOTION TO FIX HOUR OF ADJOURNMENT
Such a motion shall be to set a definite time at which to adjourn and shall be undebatable and shall be unamendable except by unanimous vote.

6. 7 MOTION TO TABLE
A motion to table shall be used to temporarily by- pass the subject. A motion to table shall be undebatable and shall preclude all amendments or debate ofthe subject under consideration.

Ifthe motion prevails, the matter may be " taken from the table" at any time prior to the end of the next regular meeting.

6. 8 MOTION TO LIMIT OR TERMINATE DISCUSSION
Such a motion shall be used to limit or close debate on, or further amendment to, the main motion and shall be undebatable. Ifthe motion fails, debate shall be reopened; ifthe motion passes, a vote shall be taken on the main motion.

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6. 9 MOTION TO AMEND
A motion to amend shall be debatable only as to the amendment. A motion to amend an amendment shall be in order, but a motion to amend an amendment to an amendment shall not be in order. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order. A substitute motion on the same subject shall be acceptable, and voted on before a vote on the amendment. Amendments shall be voted on first, then the main motion as amended.

6. 10 MOTION TO CONTINUE
Motions to continue to a definite time shall be amendable and debatable as to propriety of postponement and time set.

7. VOTING PROCEDURE

7. 1 VOTING PROCEDURE
In acting upon every motion, the vote shall be taken by voice or roll call or any other method by which the vote of each Council Member present can be clearly ascertained. The vote on each motion shall then be entered in full upon the record. The order of voting shall be in alphabetical by last name. The City Clerk shall call the names of members seated when a roll call vote is ordered or required. Members shall respond " yes", " no" or " abstain", provided that when a vote is collectively taken by voice or when a method of voting other than by voice or roll call is used, any Council Member not audibly and clearly responding " no" or " abstain" or otherwise registering an objection shall have his/ her vote recorded as " yes".

7. 2 ROLL CALL VOTING
Every Ordinance ( other than urgency Ordinances) and any Resolutions or orders for franchises or payments of money require three ( 3) affirmative votes. Urgency Ordinances require four (4) affirmative votes. A roll call vote shall be used for:
1) Urgency Ordinances;
2) Other action requiring a 4/ 5 vote (some franchise -type actions, override on a protest, etc.); or
3) Consent calendar.

Any other question before the Council shall not require a roll call vote unless demanded by any member, or as otherwise required by State law. It shall not be in order for members to explain their vote during roll call. Any member may change his/her vote before the next order of business.

7.3 FAILURE TO VOTE
Every Council Member should vote unless disqualified for cause. A Council Member who abstains shall, for purpose of the item under consideration, be considered as if absent.

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7. 4 RECONSIDERATION
Any Council Member who voted with the majority may move for a reconsideration of any action at the same meeting. After a motion for reconsideration has once been acted upon, no other motion for a reconsideration thereof shall be made without unanimous consent ofthe Council.

7. 5 TIE VOTES
Tie votes shall be lost motions. When all Council Members are present, a tie vote on whether to grant an appeal from official action shall be considered a denial of such appeal unless the Council takes other action to further consider the matter. Ifa tie vote results at a time when less than all members ofthe Council are present, the matter shall automatically be continued to the agenda of the next regular meeting of the Council, unless otherwise ordered by the Council.

8. RESOLUTIONS

8. 1 DEFINITIONS
As a rule of thumb, legislative acts of the City Council ( usually a rule of public conduct for long-term application) are taken by Ordinance, whereas more routine business and administrative matters ( usually more temporary and transitory in nature) are accomplished by Resolutions. The term " Resolution" in its general sense will denote any action taken affirmatively via a vote of the Council, other than one taken by Ordinance. As used in this City, however, three terms are in general used to denote such (non -Ordinance) actions: " Resolution", " minute order", and motion" ( thereafter recorded by minute entry). Technically, all three are equally as legally effective and binding, but these actions vary in the formality of respective memorialization. The most formal is referred to locally as a " Resolution". In addition to being referenced in the minutes, Resolutions will be recorded by a separate document, numbered in sequence and preserved in a separate set of books. Such " Resolutions" are used in this City for various reasons, such as when specifically required by law, when needed as a separate document to be transmitted to another governmental agency, or where the frequency offuture reference back to its contents warrants a separate document with the additional " whereas" explanatory material it often recites) to facilitate such future reference and research.

A " minute order" as used locally denotes a separate document which is also maintained in a separate set of books, under a system of sequential numbering, and is referenced in the minutes; however the " minute order" is drafted far more briefly than a " Resolution" and is distinguished from a mere minute entry only by the need, in general, to have a separate document to facilitate a certain administrative process to which it pertains.

A "motion" ( assuming it passed) is a Council action which is recorded simply by an item entry in the minutes of the meeting at which it was accomplished, and no separate document is made to memorialize it.

8. 2 RESOLUTIONS PREPARED IN ADVANCE
Where a Resolution has been prepared in advance, the procedure shall be: motion, second, discussion, vote pursuant to methods prescribed in Section 7. 1, and result declared. It shall not be necessary to read a Resolution in full or by title except to identify it. Any member may require the Resolution be read in full.

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8. 3 RESOLUTIONS NOT PREPARED IN ADVANCE
Where a Resolution has not been prepared in advance, the procedure shall be to instruct the City Manager or the City Attorney to prepare a Resolution for presentation at the next Council meeting.

8. 4 URGENCY RESOLUTIONS
In matters of urgency, a Resolution may be presented verbally in motion form together with instructions for written preparation for later execution. After the Resolution has been verbally stated, the voting procedure in 7. 2 above shall be followed.

Urgency Resolutions shall be avoided except when absolutely necessary; and shall be avoided entirely when Resolutions are required by law, in improvement acts, zoning matters, or force account work on public projects. Where the Resolution has been drafted in written form, either before or during the meeting, this paragraph shall not be deemed applicable.

9. ORDINANCES

9. 1 INTRODUCTION AND ADOPTION OF ORDINANCES
Ordinances shall not be passed within five days of their introduction, or at any meeting other than a regular meeting or at an adjourned regular meeting. However, an urgency Ordinance may be passed immediately upon introduction and either at a regular or special meeting.

Except when, after reading the title, further reading is waived by regular motion adopted by unanimous vote of the Council Members present, all Ordinances shall be read in full either at the time ofintroduction or passage. When Ordinances, other than urgency Ordinances, are altered after introduction, they shall be passed only at a regular or at an adjourned meeting held at least five days after alteration.

Corrections of typographical or clerical errors are not alterations within the meaning of this section.

9. 2 EFFECTIVE DATE
All ordinances, except as provided in Section 36937 ofthe Government Code, shall take effect 30 days after adoption, but may be made operative at such later date as may be designated in the Ordinance.

9. 3 PUBLISHING
It shall be the duty ofthe City Clerk to post or publish all Ordinances in accordance with Section 36933 of the Government Code within 15 days after adoption.

9. 4 URGENCY ORDINANCES
All urgency Ordinances must receive four (4) affirmative votes to be adopted and to become effective immediately. If such an Ordinance fails to receive 4/ 5ths majority, it may thereafter be considered and passed in the same manner as regular Ordinances.

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10. STUDY SESSIONS

10. 1 SCHEDULE OF STUDY SESSIONS
Council Members able to attend scheduled study sessions will meet for the purpose of discussion of special subjects of immediate concern and meeting and conferring with City Commission, Civic Organizations and City Officials relative to pending City business.

The time for sessions will be as specified by the Council or by the Mayor on individual occasions when appropriate to the convenience of the Council Members, provided when this occurs, written notice shall be provided in accordance with the Government Code.

10. 2 OPEN TO THE PUBLIC
Study Sessions shall at all times be open to the public and the news media.

10. 3 PURPOSE
Study Sessions are not intended to constitute a meeting ofthe City Council and they shall be carried on regardless of the number of Council Members in attendance.

At such Study Sessions, no formal action shall be taken, no motions shall be offered, no arguments entered into; the sole purpose of said meetings is to provide background information to members of the Council and to allow Council Members to ask questions and to express personal opinions.

If an item is presented at a study session by a Council member for the purpose of placing it on the agenda of a regular Council meeting, if the majority of the Council Members concur, the item should be placed on the agenda of a Council meeting on a future date.

10. 4 AGENDA
The City Manager shall be responsible for preparing an agenda, along with any available supporting information, of items for discussion at each study session.

11. CITY COUNCIL MEETING PREPARATION

11. 1 PLACING AN ITEM ON THE AGENDA BY A COUNCIL MEMBER Any City Council Member may request an item be placed on a future formal meeting agenda by making a request to the City Manager. Ifthe City Manager receives two separate written requests by Council Members requesting to place an item on a future agenda, the item shall be placed on a future agenda.

11. 2 PLACING AN ITEM ON THE AGENDA BY THE CITY COUNCIL The City Council, by majority vote, may place any item on a future study session or formal agenda. The City Council may take such action, whether or not the potential action is identified on the City Council agenda. However, if the potential action is not identified on the City Council agenda, a vote to place the item on a future agenda must take place with no material debate or discussion.

Resolution No. 2022-

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11. 3 CALLING UP AN ITEM FOR CITY COUNCIL CONSIDERATION The City Council may call up any item of any Board, Commission or Committee ofthe City where said item does not normally require consideration and action by the Council, for the purpose of requesting that said item be placed on the next available City Council agenda by serving written request of any two (2) Council Members to the City Manager. Such written request must be served within ten ( 10) calendar days of the action taken by the Board, Commission or Committee of the City.

11. 4 DELIVERY AND DISTRIBUTION OF AGENDA PACKETS
The City Council Agenda packets are prepared by the City Clerk' s Office. Barring insurmountable difficulties, the Agenda packets will be distributed to Council Members on the Thursday preceding the Tuesday regular City Council Meeting.

11. 5 BACKUP MATERIAL FOR AGENDA ITEMS
Each agenda item shall be composed of a staffreport and all support material needed for the City Council to take its action. When an agenda item will have an unusually large volume ofsupport material, such as an environmental impact report, staff shall attempt to provide the City Council and members ofthe public with that material before distribution ofthe agenda packet and with adequate time to allow the City Council and members of the public to review the material before City Council consideration of the material.

11. 6 AGENDA POSTING LOCATIONS
A complete copy ofthe City Council Agenda shall be posted at the following three locations; City Hall, 27215 Base Line, Highland, CA 92346; Highland Sam J. Racadio Library and Environmental Learning Center, 7863 Central Avenue, Highland, CA 92346; and Fire Station No. 1, 26974 Base Line, Highland, CA 92346.

11. 7 AGENDA MATERIAL DISTRIBUTED LESS THAN 72 HOURS PRIOR TO

MEETING
In the event that materials are distributed by City staffto the City Council on an agenda item less than 72 hours before the meeting, the materials shall be made available to the public concurrently at City Hall, 27215 Base Line, Highland, CA 92346.

12. USE OF CITY LETTERHEAD STATIONERY
Copies of all correspondence sent by individual Council Members on City letterhead stationery shall be prepared by City staff as designated by the City Manager, with copies of all such correspondence maintained at City Hall.

City Council Members may be provided and may use City notecards, which are not imprinted with the names or offices of any City official, for personal, informal notes involving City business.

Resolution No. 2022-

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PASSED, APPROVED AND ADOPTED this day of 2021.

Penny Lilburn
Mayor
ATTEST:

Betty Hughes, MMC
City Clerk
APPROVED AS TO FORM:

Maricela E. Marroquin
City Attorney
Resolution No. 2022-

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RESOLUTION NO. 2001 - 012

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

CALIFORNIA, REPEALING CERTAIN RESOLUTIONS AND READOPTING RULES

OF PROCEDURE FOR COUNCIL MEETINGS AND RELATED FUNCTIONS AND

ACTIVITIES
SECTION 1
PURPOSE: The purpose and intent of the City Council in adopting these rules is to provide directory guidelines relating to the conduct of public business by or on behalf of the City Council, and in the event of any non- compliance with, or violation of, any provision herein, such will not be deemed to affect the validity of any action taken, unless otherwise specifically provided ' by law.

1. MEETINGS
All meetings of the City Council shall be held within the corporate limits of the City unless otherwise permitted by State Law.
1: 1 REGULAR MEETINGS
The City Council of the City of Highland shall hold regular meetings in the place specified in Ordinance No. 236, as may be amended from time to time, on the second and fourth Tuesday of each month, beginning at 6: 00. p, m. If the day for a regular meeting of the Council falls on a legal holiday, no meeting shall be held on such holiday, but a regular meeting shall be held at the same hour on the next succeeding business day thereafter that is not a holiday.

1. 2 ADJOURNED MEETINGS
Any meeting may be adjourned to a time, place and date certain, but not beyond the next regular meeting. Once adjourned, the meeting may not be reconvened.

1. 3 SPECIAL MEETINGS
Special Meetings may be called by the Mayor or majority of Council Members on 24 hour notice, as set forth in Section 54956 of the Government Code of the State of California. Only matters contained in the. notice may be considered and no Ordinances other than Urgency Ordinances) may be adopted.

1. 4 STUDY SESSIONS
Members of Council may meet in Study Session as deemed necessary ( See

10. 1).

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1. 5 NOTICE OF MEETINGS
Notice of Regular Meetings is not required. Mailed or personally delivered notice is required of Special Meeting and Study Session, unless otherwise waived. Mailed and posted notice is required of meetings adjourned by the City Clerk. Posted notice is required of all other adjourned meetings (Government Code Section 54956).

1. 6 QUORUM
Unless otherwise required by law or provided for by Resolution, a majority of the Council shall be sufficient to do business and motions may be passed 2- 1 if only 3 attend. However, the following matters require three affirmative votes:

A) Adoption of Ordinances;
B) Resolutions granting franchises; and
C) Orders for payment of money.

1. 6. 1 LEGALLY REQUIRED PARTICIPATION
If a majority of the Council shall be disqualified to vote on a matter by reason of actual or apparent conflicts of interest, the Council shall select by lot or other means of random selection, or by such other impartial and equitable means as the Council shall determine, that number of its disqualified members which, when added .to the members eligible to vote, shall constitute a quorum, with a sufficient number of members to act on the matter.

1. 7 MEETINGS TO BE PUBLIC
Study Sessions and all Regular, Adjourned or Special Meetings of the City Council shall be open to the public, provided however, the Council may hold Closed Sessions from which the public may be excluded for the consideration of the following subjects:

1. 7. 1 PERSONNEL MATTERS
The consideration of appointment, employment, evaluation of performance, or dismissal of a public employee or the hearing of complaints or charges brought against the employee by another person or employee shall conform to Section 54957 of the Government Code. The Council may exclude the public from any such closed session during the examination of a witness any or all other witnesses in the matter being investigated.
be a party

1. 7. 2 ATTORNEY - CLIENT MATTERS
To consider possible or pending litigation in which the City is or could

1. 7. 3 ACQUISITION, SALE OR LEASE OF PROPERTY
To consider possible purchase, sale or lease of property.

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1. 8 CLOSED SESSION MINUTES
Pursuant to Section 54957. 2 of the California Government Code or other Sections adopted after the effective date of this Resolution, the City Clerk may be required to attend a Closed Session of the City Council and keep and enter in a Minute Book a record of topics discussed and decisions made at each meeting. The confidentiality of such Minutes shall be maintained pursuant to said section of the Government Code.

1. 9 MEETING TIME LIMITATION
Any public agenda item( s) which have not been initiated by 11: 00 p. m. will be continued either to a Special Meeting, Adjourned Meeting, or the next regularly scheduled City Council meeting. Any item initiated before 11: 00 p. m. on which a conclusion has not been reached by 11: 30 p. m. will be continued to the next regularly scheduled meeting, Special Meeting or Adjourned Meeting. The time limitation can be extended by a unanimous vote of the City Council.

2. ORDER OF BUSINESS

2. 1 AGENDA
a) The order of business of each meeting shall be as contained in the agenda prepared by the City Clerk. The agenda shall be a listing by topic of the subjects which shall be taken up for consideration in substantially the following order unless otherwise determined by the City Manager to be in the interest of orderly conduct of the City's business:

Call to Order
Invocation
Flag Salute
Roll Call
Special Presentations
Community Input
Consent Calendar
Public Hearings
Legislative ,
Announcements
Closed Session
Adjournment
b) Except with majority consent of the Council, items may not be taken out of order.
c) Except as specifically noticed for a different time, the first public hearing on the agenda at a Regular Meeting of the City Council shall commence at 6: 00 p. m., or as soon thereafter as the City Council may conveniently hear the matter. -

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d) No matters other than those listed on the agenda and briefly described in accordance with Government Code Section 54954. 2 shall be finally acted upon by the Council, provided however that the Council may take action -on items of business which do not appear on the posted agenda under any of the following conditions or circumstance:
1) Upon a determination by a majority vote of the Council that an emergency situation exists, as defined in Section 54956.5 of the California Government Code.
2) Upon a determination by a two-thirds vote of the Council, or if less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need to' take immediate action and that the need for action came to the attention of the City subsequent to the agenda being posted as specified in subdivision ( a) of Government Code Section 54954. 2.
3) The item was posted pursuant to Government Code Section 54954. 2( a) for a prior meeting of the Council occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is proposed to be taken.

2. 2 DELIVERY OF AGENDA
Barring insurmountable difficulties, the Agenda for each regular meeting of the Council, reports and other documentation related thereto, shall be delivered to the Council Members and made available to the public on the Thursday preceding the Tuesday meeting to which it pertains.

2. 3 ROLL CALL
Before proceeding with the business of the Council, the City Clerk shall call the roll of the Council Members and the names of those present shall be entered in the Minutes. The order of roll call shall be alphabetical with the Mayor called last.

2. 4 APPROVAL OF MINUTES
Unless requested by a majority of the City Council, Minutes of the previous meeting may be approved without public reading if the City Clerk has previously furnished each Council Member with a copy thereof.

2. 5 PUBLIC HEARINGS
Generally, public hearings, other than those of a quasi- judicial nature, shall be conducted in the following order:

Hearing Opened by Mayor
Staff Review
Questions of Staff by Council
Applicant or Representative Presentation
Questions of Applicant or Representative by Council
Speakers in Favor of Proposal

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Speakers in Opposition to Proposal
Applicant or Representative Rebuttal
Hearing Closed by Mayor to Public Testimony
Discussion by Council
Action by Council
Questions or comments from the public shall be limited to the subject under consideration. Depending upon the extent of the agenda, and the number of persons desiring to speak on an issue, the Mayor or Presiding Officer may, at the beginning of the hearing, limit testimony to not less than three ( 3) minutes per individual. Any person may speak for a longer period .of time, upon approval of the City Council, when this is deemed necessary in such cases as when a person is speaking as a representative of a group or has graphic or slide presentations requiring more time.

Quasi-judicial hearings shall be conducted in accordance with the principles of due process, and the City Attorney shall advise the City Council in this regard.

In any hearings before the City Council, notice of which is to be published or posted, if the City Council, or any member thereof, or a proponent or opponent of the matter request any or all participants in the proceedings testify under oath or affirmation, the making of such request shall be set forth in the notice of hearing. Additionally, the notice of hearing shall state the giving of testimony under oath or affirmation shall be voluntary as to each person wishing to be heard in the matter, and any person who has a question or. concern regarding the giving of testimony under oath or affirmation should consult an attorney of his or her own choosing and at his or her own expense.. Each person testifying under oath or affirmation in any such proceeding shall, before testifying, state on the record he or she agrees to testify under oath or affirmation in the matter and has had an -opportunity to consult with an attorney of his or her own choosing in respect thereto.

2. 6 COMMUNITY INPUT
Any person may address the Council on any subject pertaining to City business which is not listed on the agenda during the Community Input portion of each meeting. Such comments shall be limited to not less than three ( 3) minutes per individual See 5. 2).

2. 7 CONSENT CALENDAR
Items of routine nature, and non -controversial, shall be placed on the consent calendar. All items may be approved by one blanket motion upon majority roll call vote.

Any Council Member may request any item be withdrawn from the consent calendar for separate consideration by providing written notice to the City Clerk or City Manager prior to the commencement of the meeting. However, any Council Member may abstain from voting or vote " No" on any consent calendar item without requesting its removal from the consent calendar, and the City Clerk shall be instructed to record such abstentions or negative votes in the minutes.

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2. 8 PROCLAMATIONS
Upon receipt of a request by City Officials or staff from an outside organization or person( s) for a Proclamation, the request shall be submitted to the Mayor, City Manager and/ or City Clerk, in writing, for inclusion in the agenda of the next regular Council meeting.

In the event of a scheduling problem, the request shall be forwarded to the Mayor, City Manager and/ or City Clerk, who will immediately provide copies to the Council.

Unless any Council Member requests within 72 hours that the matter be agendized for consideration by the City Council, the Mayor will act on behalf of the City Council.

Depending upon the request, the Proclamation may be presented to the recipient at the next regular Council meeting, or mailed to the requestor, or presented by a Council Member at a specified function only if it is specified that way within the request or within the presentation to the Council, consistent with the circumstances stated in the request.

3. PRESIDING OFFICER

3. 1 PRESIDING OFFICER
a) The Mayorshall be the Presiding Officer at all meetings ofthe Council.

In the absence of the Mayor, the Mayor Pro Tem shall preside. In the absence of both the Mayor and Mayor Pro Tem, the Council shall elect a temporary Presiding Officer to serve until the arrival of the Mayor or the Mayor Pro Tem or until adjournment, whichever first occurs.
b) The Council shall meet annually to choose one of its number as Mayor and another of its number as Mayor Pro Tem. In the years in which a General Municipal Election is scheduled, such meeting shall be held as soon as possible after the official canvass is received from the County following the election. In the years in which no General Municipal Election is scheduled, such meeting shall be held on the second Tuesday of the month which falls twelve months after the most recent General Municipal Election.
c) Selection of the Mayor and Mayor Pro Tem shall occur at any regular, special or adjourned meeting of the Council. The City Clerk shall preside at the portion of the Council meeting which is concerned with the nomination forand selection of the Mayor. d) Nominations for the office of Mayor or Mayor Pro Tem may be made by any member of the Council and need not be seconded in order to be effective. Each selection shall be by three or more affirmative votes. In the event no person receives three or more votes in the selection process for one or both offices, the selection process, shall be repeated immediately provided, however, the two persons receiving the highest number of votes in the preceding selection process shall be the only nominees for the office to be filled. If, upon repeating the selection process for Mayor or Mayor Pro Tem, no person has yet received three affirmative votes for such office, the Council may either repeat the selection process until the officer has been duly selected or may continue the selection to

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the next regular meeting of the Council.
e) Except as provided in Subsection (g) and ( h) of this Section 3. 1, the Mayor and Mayor Pro Tem selected pursuant hereto shall serve until the next meeting scheduled for selection of Mayor and Mayor Pro Tem pursuant to' Section ( b). of this Section 3. 1, and thereafter until their successors have been duly selected. f) The offices of Mayor and Mayor Pro Tem shall be deemed vacant upon the happening of any of the following:
1) The death of the holder of such office;
2) The loss or resignation from membership on the Council by the holder of such office;
3) The acceptance by the Council of the resignation from such office by the holder thereof.

At its first regular meeting after the occurrence of a vacancy created by any of the foregoing events, the Council shall select a successorto such office pursuant to the selection procedures established by this Section 3. 1.

3. 2 PARTICIPATION OF PRESIDING OFFICER
The Presiding Officer may move, second, and debate from the Chair, subject only to such limitations of debate as are imposed on all Council Members, and he/she shall not be deprived of any of the rights and privileges of a Council Member by reason of his/ her acting as - a Presiding Officer. However, the Presiding Officer is primarily responsible for the conduct of the meeting. If he/she desires to personally .engage in extended debate on questions before the Council, he/she should considerturning the Chair over to another member.

3. 3 QUESTION OR MOTION TO BE STATED
The Presiding Officer shall verbally restate, or request the City Clerk to restate, each question or motion immediately prior to calling for the vote. Following the vote the Presiding Officer shall verbally announce whether the question was carried or defeated. The Presiding Officer may also publicly state the effect of the vote forthe benefit of the audience before proceeding to the next item of business.

3. 4 SIGNING OF DOCUMENTS
The Mayor, or Mayor Pro Tem in the absence of the Mayor, shall sign all documents and/ or correspondence which he/ she has been instructed to sign or has been adopted by, the City Council. The City Clerk or Deputy City Clerk shall attest to the signature of the Mayor or Mayor Pro Tem.

3. 5 MAINTENANCE OF ORDER
The Presiding Officer is responsible for the maintenance of order and decorum at all times. No person is allowed to speak who has not first been recognized by

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the Presiding Officer. All questions and remarks shall be addressed to the Presiding Officer.

4. RULES, DECORUM, AND ORDER

4. 1 POINTS OF ORDER
The Presiding Officer shall determine all Points of Order subject to the right of any member to appeal to the Council. If any appeal is taken, the question shall be, Shall the decision of the Presiding Officer be sustained?" in which event a majority vote shall govern and conclusively determine such question of order.

4. 2 DECORUM AND ORDER - COUNCIL MEMBERS
a) Any Council Member desiring to speak shall address the Presiding Officer and, upon recognition by the Presiding Officer, shall confine him/ herself to the question under debate.
b) A Council Member desiring to question the staff shall address his/ her question to the City Manager or City Attorney, in appropriate cases, who shall be entitled either to answer the inquiry him/ herself or to designate some member of his/ her staff for that purpose.
c) A Council Member, once recognized, shall not be interrupted -while speaking unless:
1) Called to order by the Presiding Officer;
2) A Point of Order is raised by another Council Member; or 3) The speaker chooses to yield to questions from another Council Member.
d) Any Council Member called to order while he/ she is speaking shall cease speaking immediately until the question of order is determined. If ruled to be in order, he/ she shall be per to proceed. If ruled to be not in order, he/ she shall remain silent or shall alter his/her remarks so as to comply with the rules of the Council. e) Council Members shall accord the utmost courtesy to each other, to City employees, and to.the public appearing before the Council and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments and statements as to motives and personalities.
f) Any Council Member may move to require the Presiding Officer to enforce the rules and the affirmative vote of a majority of the Council shall require him/ her to so act.
g) The City Council shall not prohibit criticism of the policies, procedures, programs, or services of the agency or the acts or omissions of the legislative body or staff.

Nothing in this subdivision shall confer any privilege or protection for expression beyond that otherwise provided by law.

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4. 3 DECORUM AND ORDER - EMPLOYEES
Members of the administrative, staff and employees of the City shall observe the same rules of procedure and decorum applicable to members of the Council. The City Manager shall insure all City employees observe such decorum. Any staff members, including the City Manager, desiring to address the Council or members of the public shall first be recognized by the Presiding Officer. All remarks shall be addressed to, the Presiding Officer and not to any one individual Council Member or member of the public.

4.4 DECORUM AND ORDER - PUBLIC
Members of the public attending Council meetings shall observe the same rules of order and decorum applicable to the Council. Any person making impertinent and slanderous remarks or who becomes boisterous while addressing the Council or while attending the Council meeting may be ordered to leave the room if the Sergeant -of -Arms is so directed by the Presiding Officer, and such person may be barred from the audience.

Unauthorized remarks, stamping of feet, whistles, yells and similar demonstrations shall not be permitted by the Presiding Officer, who may direct the Sergeant -of -Arms to remove such offenders from the room. Aggravated cases shall be prosecuted on appropriate complaint signed by the Presiding Officer.

4.5 ENFORCEMENT OF DECORUM
The Chief of the City' s Police Department, or his/ her designee, shall be exofficio Sergeant -of -Arms 'of the Council. He/ She shall carry out all orders and instructions given him/ her by the Presiding Officer for the purpose. of maintaining order and decorum in the Council Chambers. Upon instructions from the Presiding Officer, it shall be the duty of the Sergeant -at -Arms or his/ her designee to eject any person from the Council Chambers or place him/ her under arrest or both.

As set forth in Government Code Section 54957. 9, in the event any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be' restored by the removal of individuals who are willfully interrupting the meeting, the members of the Council may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the Council from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.

4.6 PERSONAL PRIVILEGE
The right of a member to address the Council on a question of personal privilege shall be limited to cases in which his/ her integrity, character, or motives are assailed, questioned or impugned.

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4. 7 CONFLICT OF INTEREST
All Council Members are subject to the provisions of California Law, such as Chapter 7, Title 9, of the California Government Code, relative to conflicts of interest, and to conflict of interest codes adopted by the Council. Any Council Member prevented: from voting because of a conflict of interest shall refrain from debate and voting. Such Council Member may choose to leave the Council Chambers during debate and voting on the issue.

4. 8 LIMITATION OF DEBATE
No Council Member normally should speak more than once upon one subject until every other member choosing to speak thereon has spoken. No Member shall speak for a longer time than five (5) minutes each time he/ she has the floor, without the approval of a majority vote of the Council.

4. 9 DISSENTS, PROTESTS AND COMMENTS
Any member shall have the right to express dissent from or protest to or comment upon any action of the Council and have the reason entered in the minutes. If such dissent, protest or comment is desired to be entered in the minutes, this should be made clear by language such as, " I would like the minutes to show that I am opposed to this action for the following reasons..."

4. 10 RULINGS OF PRESIDING OFFICER FINAL UNLESS OVERRULED In presiding over Council meetings, the Presiding Officer shall decide all questions of interpretation of these rules, points of order or other questions of procedure requiring rulings. Any such decision or ruling shall be final unless overridden or suspended by majority vote of the Council Members present and voting, and shall be binding and legally effective for purposes of the matter under consideration.

5. ADDRESSING THE COUNCIL

5. 1 MANNER OF ADDRESSING THE COUNCIL
a) Any member of the public desiring to address the Council shall proceed to the podium and wait to be recognized by the. Presiding Officer. After being recognized, he/ she shall be asked to state his/ her name and address for the record. b) All remarks and questions shall be addressed to the Presiding Officer and not to any individual Council Member, staff member or other person. During a public hearing all remarks shall be limited to the subject under consideration. No person shall enter into any discussion without being recognized by the Presiding Officer. c) Any memberof the Council who has been recognized bythe Presiding Officer of the Council for such purpose may address or respond to a member of the public who has addressed the Council pursuant hereto. Such address or response shall be exercised only once for each member of the public, shall not exceed three ( 3) minutes in

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length and shall be deemed to express the individual position or opinion of the Council Member offering the same and shall not be construed to bind the Council or the City in any manner. Unless otherwise directed by the Council, the .restrictions. imposed by. this Subsection ( a) shall apply only to those portions of the Council agenda during which members of the public are permitted to make oral communications to the Council.

5. 2 ' TIME ALLOCATION
Any member of the public desiring to address the Council shall limit his/ her statement to three ( 3) minutes unless further time has been granted by the Presiding Officer in the individual case, or in accordance with Section 2. 5.

5. 3 ADDRESSING THE COUNCIL AFTER MOTION IS MADE
After a motion has been made, or after a public hearing has been closed, no member of the public shall address the Council without first securing permission by a majority vote of the Council.

5. 4 LIMITATIONS REGARDING PUBLIC COMMENTS AND REPORTS
The making of oral communications to the Council by any member of the public during the "Community Input" portion of the agenda shall be subject to the following limitations:

5.4. 1 At anytime, before or after the oral communication is commenced, the Presiding Officer may if he/ she deems it preferable, direct the communication be made instead either to the City Manager or other appropriate staff member during regular business hours, or in writing for subsequent submittal to Council Members, pursuant to Section 5. 5.

5. 4: 2 No speaker shall be permitted to address the Council on a topic which is currently before or about to be submitted for consideration by a City Commission, Board or other agency before which the speaker should make his/ her presentation, until that latter body has completed its deliberations and taken its final action. In case the speaker should have followed an otherwise available appeal procedure, the Presiding Officer shall not allow oral communications to the Council outside that procedure.

5.4.3 The Presiding Officer may limit the number of speakers heard on non - agenda topics at any single meeting. Those whose presentations are postponed shall be given priority at the next meeting during the "Community Input" portion of the agenda.

5. 4. 4
If it appears that several speakers desire to speak regarding a -single topic, the Presiding Officer may reasonably limit the number speaking as to each side of an issue. In this regard, preference may be given to speakers who represent groups of persons who have designated a spokesperson.

5. 4. 5 No oral communications shall be allowed to. include charges or complaints against any employee of the City, regardless of whether such employee is identified in the presentation by name or by any other reference which tends to identify him/her. All charges or complaints against employees shall be submitted to the City Pagel 1 of 18
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Manager for appropriate action, and may also be submitted to members of the Council by written communication.

5. 5 WRITTEN CORRESPONDENCE
The City Manager is authorized to receive and open all mail addressed to the Council as a whole and give it immediate attention to the end that all administrative business referred to in said communications, and not necessarily requiring Council action, may be disposed of between Council meetings. A copy of such communication shall be provided to each Council Member marked " Information Only".

Any communication relating to a matter pending, or to be brought before the City Council shall be included in the agenda packet for the meeting at which such item is to be considered.

Letters of appeal from administrative or commission decisions shall be processed under applicable provisions of the Municipal Code or other Ordinances.

Copies of all other communications sent to the Council will be transmitted to them.

5. 6 PERSONS AUTHORIZED TO BE WITHIN PLATFORM
No person except City officials shall be permitted within the platform area in front of the Council table without the invitation or consent of the Presiding Officer..

6. MOTIONS

6. 1 PROCESSING OF MOTIONS
When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. A motion so stated shall not be withdrawn by the mover without the consent of the person seconding it.

6. 2 MOTIONS OUT OF ORDER
The Presiding Officer may at any time, by majority consent of the Council, permit 'a member to introduce an Ordinance, Resolution, or motion out of the regular agenda order.

6. 3 DIVISION OF QUESTION
If the question contains two or more divisionable propositions, the Presiding Officer may, and upon request of a member shall, divide same.

6. 4 PRECEDENCE OF MOTIONS
When a. motion is before the Council, no motion shall be entertained except the following, which shall have precedence in the following order:

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1) Adjourn
2) Fix Hour of Adjournment
3) Table
4) Limit or Terminate Discussion
5) Amend
6) Postpone

6. 5 MOTION TO ADJOURN ( Not Debatable)
A motion to adjourn shall be in order at any time, except as follows:
1) When repeated without intervening business or discussion; 2) When made as an interruption of a member while speaking; 3) When discussion has been ended, and vote and motion is pending; and
4) While a vote is being taken.

A motion to adjourn " to another time" shall be debatable only as to the time to which the meeting is adjourned.

6. 6 MOTION TO FIX HOUR OF ADJOURNMENT
Such a motion shall be to set a definite time at which to adjourn and shall be undebatable and shall be unamendable except by unanimous vote.

6. 7 MOTION TO TABLE
A motion to table shall be used to temporarily by-pass the subject. A motion to table shall be undebatable and shall preclude all amendments or debate of the subject under consideration. If the motion prevails, the matter may be "taken from the table" at any time prior to the end of the next regular meeting.

6. 8 MOTION TO LIMIT OR TERMINATE DISCUSSION
Such a motion shall be used to limit or close debate on, or further amendment to, the main motion and shall be undebatable. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion.

6. 9 MOTION TO AMEND
A motion to amend shall be debatable only as to the amendment. A motion to amend an amendment shall be in order, but a motion to amend an amendment to an amendment shall not be in order. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order. A substitute motion on the same subject shall be acceptable, and voted on before a vote on the amendment. Amendments shall be voted first, them the main motion as amended.

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6. 10 MOTION TO CONTINUE
Motions to continue to a definite time shall be amendable and debatable as to propriety of postponement and time set.

7. VOTING PROCEDURE

7. 1 VOTING PROCEDURE
In acting upon every motion, the vote shall be taken by voice or roll call or any other method by which the vote of each Council Member present can be clearly ascertained. The vote on each motion shall then be entered in full upon the record. The order of voting shall be alphabetical with the Mayor voting last. The City Clerk shall call the names of members seated when a roll call vote is ordered or required. Members shall respond " aye", " no" or " abstain", provided that when a vote is collectively taken by voice or when a method of voting other than by voice or roll call is used, any Council Member not audibly and clearly responding " no" or "abstain" or otherwise registering an objection shall have his/ her vote recorded as " aye".

7. 2 ROLL CALL VOTING
Every Ordinance ( other than urgency Ordinances) and any Resolutions or orders for franchises or payments of money require three ( 3) affirmative votes. Urgency Ordinances require four ( 4) affirmative votes. A roll call vote shall be used for:
1) Urgency Ordinances;
2) Other action requiring a 4/ 5 vote ( some franchise -type actions, override on a protest, etc.)' or
3) Consent calendar.

Any other question before the Council shall not require a roll call vote unless demanded by any member. It shall not be in order for members to explain theirvote during roll call. Any member may change his/ her vote before the next order of business.

7. 3 FAILURE TO VOTE
Every Council Member should vote unless disqualified for cause. A Council Member who abstains shall, for purpose of the item under consideration, be considered as if absent.

7. 4 RECONSIDERATION
Any Council Member who voted with the majority may move a reconsideration of any action at the same meeting. After a motion for reconsideration has once been acted upon, no other motion for a reconsideration thereof shall be made without unanimous consent of the Council.

Page 14 of 18 ends

-37-

7. 5 TIE VOTES
Tie votes shall be lost motions. When all Council Members are present, a tie vote on whether to grant an appeal from official action shall be considered a denial of such appeal unless the Council takes other action to further consider the matter. If a tie vote results at a time when less than all members of the Council are present, the matter shall automatically be continued to the agenda of the next regular meeting of the Council, unless otherwise ordered by the Council.

8. RESOLUTIONS

8. 1 DEFINITIONS
As a rule of thumb, it can be said legislative acts of the City Council ( usually a rule of public conduct for long- term application) are taken by Ordinance, whereas more routine business and administrative matters ( usually more temporary and transitory in nature) are accomplished by Resolutions. The term " Resolution" in its general sense will denote any action taken affirmatively via a vote of the Council, other than one taken by Ordinance. As used in this City, however, three terms are in general use to denote such non -Ordinance) actions: " Resolution", " minute order", and " motion" ( thereafter recorded by minute entry). Technically, all three are equally as legally effective and binding; they vary in the formality of respective memorial ization. The most formal is referred to locally as a " Resolution". This, in addition to being referenced in the minutes, will be recorded by a separate document, numbered in sequence and preserved in a separate set of books.

Such " Resolutions" are used in this City for various reasons, such as when specifically required by law, when needed as a separate identiary document to be transmitted to another governmental agency, or where the frequency of future reference back to its contents warrants a separate document ( with the additional " whereas" explanatory material it often recites) to facilitate such future reference and research.

A "minute order" as used locally denotes a separate document which is also maintained in a separate set of books, under a system of sequential numbering, and is referenced in the minutes; however the " minute order" is drafted far more briefly than a Resolution" and is distinguished from a mere minute entry only by the need, in general, to have a separate document to facilitate certain administrative process to which it pertains.

A "motion" ( assuming it was one which passed) is a Council action which is recorded simply by- an item entry in the minutes of the meeting at. which it was accomplished, and no separate document is made to memorialize it.

8. 2 RESOLUTIONS PREPARED IN ADVANCE
Where a Resolution has been prepared in advance, the procedure shall be:
t motion, second, discussion, vote pursuant to methods prescribed in Section 7. 1, and result declared. It shall not be necessary to read a Resolution in full or by title except to identify it. Any member may require the Resolution be read in full.

Page 15 of 18 ends

-38-

8. 3 RESOLUTIONS NOT PREPARED IN ADVANCE
Where a Resolution has not been prepared in advance, the procedure shall be to instruct the City Manager or the City Attorney to prepare a Resolution for presentation at the next Council meeting.

8. 4 URGENCY RESOLUTIONS
In matters of urgency, a Resolution maybe presented verbally in motion form together with instructions for written preparation for later execution. After the Resolution has been verbally stated, the voting procedure in 8. 2 above shall be followed.

Urgency Resolutions shall be avoided except when absolutely necessary; and shall be avoided entirely when Resolutions are required by law, in improvement acts, zoning matters, or force account work on public projects. Where the Resolution has been drafted in written form, either before or during the meeting, this paragraph shall not be deemed applicable.

9. ORDINANCES

9. 1 - INTRODUCTION AND ADOPTION OF ORDINANCES
Ordinances shall not be passed within five days of their introduction, or at other than a regular meeting or at an adjourned regular meeting. However; an urgency Ordinance may be passed immediately upon introduction and either at a regular or special meeting. Except when, after reading the title, further reading is waived by regular motion adopted by unanimous vote of the Council Members present, all Ordinances shall be read in full either at the time of introduction or passage. When Ordinances, other than urgency Ordinances, are altered after introduction, they shall be passed only at a regular or at an adjourned meeting held at least five days after alteration.

Corrections of typographical or clerical errors are not alterations within the meaning of this section.

9. 2 EFFECTIVE DATE
All ordinances, except as provided in Section 36937 of the Government Code, shall take effect 30 days after adoption, but may be made operative at such later date as may be designated in the Ordinance.

9. 3 PUBLISHING
It shall be the duty of the City Clerk to post or publish all Ordinances in accordance with Section 36933 of the Government Code within 15 days after adoption.

9. 4 URGENCY ORDINANCES
All urgency Ordinances must receive four (4) affirmative votes to be adopted and to become effective immediately. If such an Ordinance fails to receive 4/ 5ths majority, it may thereafter be considered and passed in the same manner as regular Ordinances.

Page 16 of 18 ends

-39-

10. STUDY SESSIONS

10. 1 SCHEDULE OF STUDY SESSIONS
Council Members able to attend scheduled study sessions will meet for the purpose of. discussion of special subjects of immediate concern and meeting and conferring with City Commission, Civic Organizations and City Officials relative to pending City business.

The time for sessions will be as specified by the Council or by the Mayor on individual occasions when appropriate to the convenience of the Council Members, provided when this occurs, written notice shall be provided in accordance with the Government Code.

10. 2 OPEN TO THE PUBLIC
Study Sessions shall at all times be open to the public and the news media, except for the following:
1) Closed sessions held at such times pursuant to Government Code Section. 54947. 6 whereas the Council meets with its designated representatives of employee organizations;
2) Closedsessions toconsider possible or pending litigation in which the City is or could be a party; 3)
Closed sessions toconsider the purchase, lease, or sale of property; or 4)
Closed session as permitted by law. 10.
3 PURPOSE Study
Sessions are not intended toconstitute a meeting ofthe City Council and they shall be carried on regardless ofthe number of Council Members inattendance. At such Study Sessions, no formal action shall be taken, no motions shall be offered, no arguments entered into; the sole purpose of said meetings being to provide background information to members ofthe Council and to allow Council Members toask questions and to express personal opinions. If
an items is presented at a study session by a Council member for the purpose of placing it on the agenda of a regular Council meeting, if the majority of the Council Members concur, the item should be placed on the agenda of a Council meeting on a future date. 10.
4 AGENDA The
City Manager shall be responsible for preparing an agenda, along with any available supporting information, of items for discussion at each study session. Any Council Member may request a matter be placed on the agenda for either astudy session or Council meeting. Except inurgent situations, Council Members should submit, on the appropriate form, such requestthree (3)working days before astudy Page 17 of 18
-40-
session, along with any available supporting information.

11. CALL UP OF ITEMS FOR CITY COUNCIL CONSIDERATION
The City Council may call up any item of any Board, Commission or Committee of the City where said item does not normally require consideration and action by the Council, for the purpose of requesting that said item be placed on the next available City Council agenda by serving written request of any two ( 2) Council Members to the City Manager.

Such written request must be served within ten ( 10) calendar days of the action taken by the Board, Commission or Committee of the City.

12. USE OF CITY LETTERHEAD STATIONERY
A. Copies of all correspondence sent by individual Council Members on City letterhead stationery shall be prepared by City staff as designated by the City Manager, with copies of all such correspondence maintained at City Hall.

B. City Council Members may be provided and may use City notecards, which are not imprinted with the names or offices of any City official, for personal, informal notes involving City business.

SECTION 2
The City Council hereby repeals Resolution Nos. 94- 59, 96- 81, 98- 47 and 00- 56.

PASSED, APPROVED AND ADOPTED this 24th day of April, 2001.

APPROVED AS TO FORM:

Marguerite P. Battersby
City Attorney
ATTEST:

Debbie A. Lee, CMC
City Clerk

Page 18 of 18 ends

-41-

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO)

CITY OF HIGHLAND
I, DEBBIE A. LEE, City Clerk of the City of Highland, California, do hereby certify Resolution No. 2001 - 012 was duly and regularly adopted by the City Council of the City of Highland, California, at a regular meeting thereof held on the 24th day of April, 2001, by the following vote:

AYES: Rucker, Sundquist, Timmer, Mayor Pro Tern Brown
NOES: None
ABSTAIN: None
ABSENT: Mayor Starbuck
DEBBIE A. LEE, CITY CLERK
-42-
Attachment 3
December 14, 2021 Staff Report
-43-

STAFF REPORT

TO THE CITY COUNCIL
DATE: December 14, 2021
FROM: Betty Hughes, MMC, City Clerk
PREPARED BY: Joseph Hughes, City Manager
SUBJECT: Frequency of City Council Meetings
RECOMMENDATION: The Council Meeting Frequency Ad Hoc Committee Recommends the City Council Consider Switching from Two Council Meetings per Month to One Council Meeting Per Month and Conduct a First Reading of an Ordinance Designating the Location of Regular Meetings of the City Council and Rescinding Ordinance No. 236 FISCAL IMPACT: None
PUBLIC NOTICE: The agenda for this item was posted at the three locations per Resolution No. 2011- 047 and on the City' s website.

BACKGROUND: The Council Meeting Frequency Ad Hoc Committee met on November 17, 2021, to discuss the pros and cons of switching from two regular City Council meetings per month to one regular City Council meeting per month and recommended the item be brought forward to the City Council for consideration.

Currently, Loma Linda is the only city in San Bernardino County that meets once a month. There are four cities in Riverside County that meet once a month; Blythe, Canyon Lake, Indian Wells and Wildomar.

Approved Motion
Denied Ayes
Continued Noes
Tabled Abstain
Absent
Second Agenda Item No.

File No.

City Clerk City Manager
-44-
Some Items to Consider
If the City Council were to hold only one regular meeting a month, the following are some items to consider and the last two bullet points are items that staff would request further direction on.

There will be a cost savings with reduced comp/ overtime for hourly staff.

Additionally, there will be a cost savings for contract staff and consultants.

There will be a time savings for staff for only having to prepare one agenda per month.

Highland Municipal Code Section 8. 32. 210 requires that appeals be heard within 45 days of the Clerk receiving the written notice of appeal. This would likely not present a problem as staff believes there would be sufficient time to schedule appeals at the one regular meeting a month.

It would take longer for ordinances to go into effect as second reading would occur one month after first reading. The timeframe for fees to be adopted through ordinances is 30- 60 days after second reading.

There would be less opportunity to hear directly from the public if meetings occur once a month; however, emails are encouraged and can be accepted at any time up until one hour prior to the meeting. For public hearing items, emails are accepted up through to the end of the public hearing item.

Meetings would likely be longer as there would be more items on the agenda If urgent matters come up, we will need a quorum to hold a special meeting.

If the Council were to hold one meeting a month, which day should the meeting be held:
the second Tuesday or fourth Tuesday? Staff recommends that the regular meeting be held on the second Tuesday of the month because this would allow the Council to hold a special meeting, if necessary, if an item comes up by month' s end that cannot wait until the next regularly scheduled meeting.

Should the Council continue to go dark in July? The Ad Hoc Committee is recommending one meeting in July.

Items that Cannot Be Considered at a Special Meeting
Items regarding salaries, salary schedules, or compensation paid in the form of fringe benefits, of a local agency executive staff (Government Code § 54956( b)).

An ordinance may not be adopted at a special meeting. City Council could introduce the ordinance ( i. e., conduct the first reading) at a special meeting, but would have to wait until a regular meeting to adopt the ordinance. There must be at least five days between the introduction and adoption of an ordinance ( Government Code § 36934).

Alternatively, the City Council could introduce an ordinance at a regular meeting, and then adjourn that meeting to a specific date and time. That adjourned meeting would be considered a regular adjourned meeting and an ordinance could be adopted at that meeting.

Order a report regarding an initiative petition or adopt an initiative without alteration Elections Code § 9215).

Some bonds and new tax related items must be considered at a regular meeting.

The public can only speak on an item on the agenda at a special meeting. They cannot speak on items not on the agenda.
-45-
Persons Speaking Under Public Comment at the Beginning of the Meeting 2016 — 27
2017 — 34
2018 — 57
2019 — 54
2020 — 32
2021 — 16 ( as of 11 / 09/ 21)
If City Council moves forward and conducts a first reading of the proposed ordinance, the second reading would occur at the January 11, 2022 City Council meeting. The ordinance would take effect on February 11, 2022 ( 30 days after passage). Accordingly, if the City Council decides to hold only one regular meeting a month, staff recommends the change begin March 1, 2022, after the ordinance goes into effect.

A resolution would also be brought forward at the January 11, 2022 meeting, specifying the day and time of the City Council meeting.
-46-
Public Comment
2016 2017 2018 2019 2020 2021
January 2 4 10 3 5 0
February 7 4 4 21 2 2
March 2 2 0 8 1 1
April 0 3 9 2 2 0
May 2 2 1 8 0 5
June 3 9 18 3 3 3
July 2 0 0 0 0 0
August 1 1 6 0 13 1
September 4 2 3 4 1 0
October 3 1 1 3 0 2
November 1 2 2 2 5 2
December 0 4 3 0 0 Pending
Total 27 34 57 54 32 16
-47-
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HIGHLAND,

CALIFORNIA, DESIGNATING THE LOCATION OF REGULAR MEETINGS

OF THE CITY COUNCIL OF THE CITY OF HIGHLAND AND
RESCINDING ORDINANCE NO. 236
WHEREAS, in 1998 the City Council adopted Ordinance No. 236 establishing the days, time and location of the regular meetings of the City Council; and WHEREAS, Government Code Section 36805 states the City Council shall hold regular meetings at least once a month at times fixed by ordinance or resolutions. It may adjourn any regular meeting or adjourned meeting to a date specified in the order of the adjournment. When so adjourned, the adjourned meeting is a regular meeting for all purposes.

THE CITY COUNCIL OF THE CITY OF HIGHLAND DOES HEREBY ORDAINS AS FOLLOWS:

Section 1. The City Council hereby rescinds Ordinance No. 236.

Section 2. Section 2. 04. 040 ( Venue and time for meetings) of Chapter 2. 04 City Council) of Title 2 ( Administration and Personnel) of the Highland Municipal Code is hereby amended to read as follows:

The regular meetings of the City Council of the City of Highland shall be held at the Donahue Council Chambers, 27215 Base Line, Highland, California 92346, at 6 p. m. on Tuesdays based on a schedule set forth by Resolution No. of the City Council."
Section 3. This Ordinance shall take effect thirty ( 30) days after adoption Section 4. Prior to the expiration of fifteen ( 15) days after its passage, this Ordinance shall be published and/ or posted in at least three ( 3) public places designated by Resolution of the City Council of the City of Highland.

Section 5. The City Clerk shall certify to the adoption of this Ordinance.

Ordinance No.

Page 1 of 2 ends

-48-
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Highland this day of , 2022.

Penny Lilburn
Mayor
ATTEST:

Betty Hughes, MMC
City Clerk
Ordinance No.

Page 2 of 2 ends

-49-

STAFF REPORT

TO THE CITY COUNCIL
DATE: January 11, 2022
FROM: Joseph A. Hughes, City Manager
PREPARED BY: Chuck Dantuono, Director of Administrative Services/ City Treasurer Sean Landavazo, Battalion Chief ( Cal Fire)
SUBJECT: Purchase and installation of Plymovent clean air exchange system at all three Highland fire stations from Air Exchange, Inc.

RECOMMENDATION: 1. City Council approve the purchase and installation of Plymovent clean air exchange system at all three Highland fire stations from Air Exchange, Inc.

2. City Council make a finding that Air Exchange, Inc. is a sole source provider of this equipment.

FISCAL IMPACT: $ 171, 899. 88 for all three Fire Stations. There are sufficient funds in the budget for this purchase.

PUBLIC NOTICE: The agenda for this item was posted at the three required locations.

BACKGROUND: During the Work Program, staff presented to the City Council this item for the purchase of an exhaust removal system for Fire Station No. 1, Fire Station No. 2 & Fire Station No. 3.

This item received an HP- rating from the City Council. Installing the Plymovent clean air exchange systems in each of our fire station' s apparatus bays will provide our firefighters with a healthier clean work environment, not only in our apparatus bays but inside the fire stations living quarters.

The vendor is Air Exchange, Inc., a sole source provider of this equipment. Attached is a letter stating such and staff has confirmed this with Cal Fire. The total for all three fire stations is $ 171, 899. 88 55, 491. 09- FS# 1, $ 59, 365. 96- FS# 2 & $ 57, 042. 83- FS# 3). Attached is the sole source letter and a bid for each Fire Station totaling $ 171, 899. 88. Upon approval, it is expected that this project could be completed by April 2022.

Approved Motion
Denied Ayes
Continued Noes
Tabled Abstain
Absent
Second Agenda Item No. / C
File No.

City Clerk City Ma
-1-

PLYMUVENT
clean air at work
December 6, 2021
To Whom It May Concern,
The purpose of this letter is to confirm that Air Exchange is the exclusive dealer of Plymovent vehicle exhaust extraction systems in the states of Alaska ( fire), Nevada ( vex & fire), Oregon fire), Washington ( fire), for all the zip codes inclusive of 900- 918; 923- 935; 936- 966 in California ( vex & fire), and 835- 838 in Idaho ( fire). As the only Plymovent dealer in these territories, Air Exchange is in good standing and has the exclusive rights to sell, install and service our vehicle exhaust extraction systems.

For over 40 years, Plymovent has created products that provide a safe and healthy work environment. Together with our nationwide dealer network, Plymovent continuously strives to design and engineer products that meet or exceed our customers' expectations and needs.

If you have any questions, please do not hesitate to contact me.

Kindest regards,
PLYMOVENT CORP.

Brad Pitzl
President/ General Manager
-2-
AIR EXCHANGE, INC Date: 12- 6- 2021
495 Edison Ct., Ste. A, Fairfield, CA 94534 CA License # 11a3 E. Philadelphia St., Ontario, CA 91761 NV License # License 008219393C- 61/C-D-21C431C P: 800. 300. 2945 WA License # AirEx* 988DJ
airexchange. com DZR# 1000011166
Submitted
oh,;
BY: John Whitney P LY M U V E N T
90 itneyDairexchange. com
Cell# 909- 238- 7686 Clean air at work
Customer Name: Highland Fire Department
Customer Address: 26974 Base Line St, Hiahland, CA 92346 Fire Station # 541
Customer Contact Name: chief Landacazo Project Name: Plymovent MRP- Now 30 Customer Phone Number: 909- 680- 9526
Proposal Valid: 180 Days
Contact Email: Sean. Landavazo0fire. ca. aov
Scope of Work: Installation of MPR- 30 magnetic system to include, Magnetic grabber ( 3), Upper hose pack ( 3), Mid hose pack ( 3) Lower hose pack ( 3) Tailpipe adapters ( 3) Pressure switches ( 3) Fan SHP ( 1), Silencer ( 1), Filter scrubber box( 1), Misc Duct, Antenna ( 1), Receiver ( 1), Transmitter ( 3) Lift rentals, labor, freight and tax.

DOES NOT INCLUDE, electrical load calculations, structural calculations, Bonds ( can be added if required) Blocking & painting of any kind, Carbon monoxide sensors, Structural or electrical Engineering costs of any kind or any material or labor as the result of any required Structural or electrical Engineering calculations, Any other Engineering fees or drawings of any kind beyond what is supplied with the quote BOM QUOTING TOOL: FIRE / EMS EXHAUST REMOVAL SYSTEMS
QTY OLD NEW 1

PRODUCT NAME DESCRIPTION LIST PRICE TOTAL
ARTICLE # ARTICLE #

MRP RAIL SYSTEMS

STANDARD MRP RAIL SYSTEMS
MINI RAIL SYSTEM 30 INCLUDES:

28. 5' OF EXTRUDED ALUMINUM PROFILE
1- MRP RAIL END CAP FRONT W/
3 00000004943 MRP- 30

HYDRAULIC SHOCK
1- MRP RAIL CONNECTION END
125MM/ 5" DIA CONNECTION ( REAR)
60' FEET OF MRP RUBBER LIP
3- TOP SUSPENSION MOUNT KITS
NEW 1, 851. 50 5, 221. 23

STRA/ MRP MAGNETIC UPPER HOSE PACKS
-3-
MAGNETIC GRABBER ( MG) UPPER, 4 IN.

STANDARD TEMP ( ST) HOSE PACK, 1
DROP, STRA/ MRP INCLUDES:
3 1- UPPER ST HOSE 4 IN. X 4 FT.
2- BRIDGE HOSE CLAMPS
1- METAL HOSE SADDLE 4 IN.
1- BALANCER ASSEMBLY
1- STRA/ MRP INTERNAL CRAB ASSEMBLY
810042 00000116723 MG UP, 4IN ST HSPK, 1 DRP, STR 2, 253. 51 6, 354. 89

MID HOSE PACKS

MID HOSE PACKS FOR SBTA, STRA AND VSRX
3 171. 062- 1
M D, TASNDARD TEMP ( ST) HOSE 4 IN.

MIDST HS 4IN x 10- j PCS, ALL x 10 ft., WITH CLAMPS, 1 PIECE, SETA,

00. 00116411 RAILS STRA, VSRX 457. 61 1, 290. 45

MAGNETIC GRABBER LOWER HOSE PACKS
3 MAGNETIC GlmcRABBER ( MG) 4 IN., HIGH
TEMP ( HT) HOSE 4 IN., SAFETY
MG 4IN, LWR KIT, 4IN HT DISCONNECT HANDLE ( SDCH) LOWER NEW 00000003326 HS, STRA/
CO
VSRX ASSEMBLV, STRA/ VSRX 1 572. 69 4, 434. 97

GRABBER
CO
1 3 TAILPIPE ADAPTER ( TPA) 5 IN., FOR
90360- 1 00. 00112505 TPA SIN, FOR MG SIN MAGNETIC GRABBER( MG) S IN, 267. 25 753. 65

EXHAUST FANS
TEV FAN, 5 HP, 3450 RPM, 208- 230 /
460V, 3 PHASE, 60HZ, TEFC MOTOR,
1 0000102934 00000102934 TEV- 559 536 NEMA UVD CLASS B CENTRIFUGAL FAWSTANDARD

UPBLAST VERTICAL DISCHARGE( UVD)

CONFIGURATION
AC
3 640. 01 t 3, 421. 61

SERIES FAN

SHEET METAL OUTLET TRANSITIONS FOR TEV FANS
1 0000100340 00000100340 TOL- 315
TRANSITION FOR TEV 5 FANS.

TRANSITIONS TO 12" ROUND MALE l

FAN SILENCERS
131. 55 123. 66
12" ID x 20" OD 36" LONG SHEET
1 METAL SILENCER WITH 12" MALE END
COUPLERS. ( FOUR - INCH WALL
708654 00000116292 12 silencer/ 36" THICKNESS). 860. 91 809. 25 -4-
OS- 3 FAN MOTOR CONTROL BOXES
AN OS- 3 CONTROL BOX IS USED TO START STOP A FAN VIA THE PC- 500 PRESSURE SENSOR. OS- 3 CONTROL S- 3 FAN CONTROLLERS
OS- 3 CONTROL BOXES FOR 5 HP FANS
1 3
706040
1704000
00000116126
SENSORS•
100000100716
OS- 3, SHP, 208- 230V, 3PH

COMPONENTS
PC- 500- US
C ONTROOPERATION SYSTEM FOR 5HP, 2O8-
230V, L
3PH,
13 A PRESSURE
SENSOR 1
756. 85 41.
62 1
651. 49 117.
37 22
22 SUB - TOTAL FIRE MATERIAL 24, 178. 52 SUB
TOTAL MISC - DUCT - HARDWARE MATERIAL 4, 955. 72 TOTAL
MATERIAL 29 134. 24 EQUIPMENT/
LIFT RENTALS 1, 450. 00 FREIGHT
2, 000. 00 SALES
TAX 2, 525. 28 INSTALL/
LABOR 120 381.57 TOTAL
55 a91. oe Delivery
of system will be within 12 weeks of proposal acceptance. Payment tobe made as follows: Progressive Invoicing Air
Exchange Authorized
Signature: All
material Is guaranteed to be as specified. All work to be completed Ina workmanlike manner according tostandard practices.

Any alteration or deviation from above specifications Title' Involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. Note: This proposal may be All agreements contingent upon strikes, accidents or delays withdrawn by Air Exchange if not beyond our eontro 1. Owner tocarry fire, tornado, and other accepted within 980 days. sary s
Ins uranee. Our workers are fully covered by Workmen'
compensation Insurance. ACCEPTANCE
OF PROPOSAL and TERMS AND CONDITIONS. (
Pages I and 2, Inclusively.) The above CUSTOMER Prices, specifications and Terms and Conditions are SIGNATURE: satlsfactory and are inaccepted. You are authorized
todo the work as specified. lay signing where
Indicated, you, am agent forthe organization proposed,
hereby authorizedAir Exchange, Inc. to DATE OF perform
the work as specified on Page 1 of 2 of this ACCEPTANCE: proposal and agree and accept the Terms and Conditions (

Page 2 of 2 ends

made as outlined above. TERMS

AND CO/VD/T/O/ VS AIR

EXCHANGE, INC-
-5-
PROJECT NAME:

ADDITIONAL EXCLUSIONS TO THE PROJECT PROPOSED:

1. Electrical components and hookup are not included, unless indicated on Page 1 of 2 of the proposal.

2. Permits and fees of any kind are not included in this proposal; including but not limited to, any pertinent load calculations; technical drawings, submittals, shop drawings and permit drawings of any kind. Should any of these items be required, a separate quote will be required.

3. Outside services, not limited to but including, concrete work, exterior penetrations, fork or scissor lift rentals, etc. are not included, unless indicated on Page 1 of 2 of the proposal.

4. All work to be performed during normal business hours ( M- F, 7: 30 a. m. to 4: 00 p. m.). Work done outside of normal business hours will be subject to additional charges ( I. e., time and one- half, double time, etc.) unless indicated on Page 1 of 2 of the proposal.

S. Payments terms are noted on the proposal. Should you require different terms than noted, an addendum to this contract will need to by fully executed before revised terms will be accepted.

5. Freight is not included, unless indicated on Page 1 of 2 of the proposal. Please provide preferred carrier. If you authorize, Air Exchange, Inc. will pay for freight charges and invoice you, but you must include this provision in your purchase order to Air Exchange, Inc.

7. Any/all materials and labor not listed on this proposal.

8. Any VFD' s, Fans or Interlocks.

9. Remote Control Receiver and Transmitter option.

10. Blocking, Roof Curbs, Roof Jacks.

11. Electrical labor and materials.

12. Air Testing, Air Balancing.

13. Painting.

14. Bonds and permit fees of any kind.

15. Engineering fees of any kind including structural calculations or any labor or materials resulting from any structural calculations.

16. Engineered Drawings
-6-
AIR EXCHANGE, INC Date: 12- 6- 2021
495 Edison Ct., Ste. A, Fairfield, CA 94534 CA License # 664135 C- 43, C- 61/ D- 43 41 E. Philadelphia St., Ontario, CA 91761 NV License # 0082193 C- 21C P: 800. 300. 2945 WA License # AIrEx* 988DJ
airexchange. com DIR# 1000011166
john.

Submitted
whitney@airexchange.

By: John Whitney
com P LY M U VE N T
Cell# 909- 238- 7686 clean air at WOi" k
Customer Name: Highland Fire Deoartment
Customer Address: 29507 Base Line St. Hiahland, CA 92346 Fire Station # 542
Customer Contact Name: Chief Landacazo Project Name• Plymovent MRP- sow 45 mCustoer Phone Number: 909- 680- 9526
Proposal Valid: 180 Days
Contact Email: Sean. Landavazo(6fire. ca. 00v
Scope of Work: Installation of MRP- 45 magnetic system to include, Magnetic grabber ( 3, Upper hose pack ( 3), Mid hose pack ( 3) Lower hose pack ( 2) Tailpipe adapters ( 3) Pressure switches ( 3) Fan 5HP ( 1), Silencer ( 1), Filter scrubber box ( 1), Misc Duct, Antenna ( 1), Receiver ( 3), Transmitter ( 2) Lift rentals, labor, freight and tax,
DOES NOT INCLUDE, electrical load calculations, structural calculations, Bonds ( can be added if required) Blocking & painting of any kind, Carbon monoxide sensors, Structural or electrical Engineering costs of any kind or any material or labor as the result of any required Structural or electrical Engineering calculations, Any other Engineering fees or drawings of any kind beyond what is supplied with the quote BOM QUOTING TOOL: FIRE / EMS EXHAUST REMOVAL SYSTEMS

QTY OLD NEW I

PRODUCT NAME DESCRIPTION LIST PRICE TOTAL
ARTICLE # ARTICLE #

MRP RAIL SYSTEMS

STANDARD MRP RAIL SYSTEMS
MINI RAIL SYSTEM 45 INCLUDES:

42. 75' OF EXTRUDED ALUMINUM

PROFILE
2- MRP RAIL END CAPS
3 00000004946 MRP- 45
1- HYDRAULIC SHOCK
1- RRDC- 125, MIDDLE RAIL DUCT
CONNECTOR, 5" DIAMETER
90' FEET OF MRP RUBBER LIP
4- TOP SUSPENSION MOUNT KITS
NEW 2, 697. 90 7 608. 08

STRA/ MRP MAGNETIC UPPER HOSE PACKS
-7-
MAGNETIC GRABBER ( MG) UPPER, 4 IN.

STANDARD TEMP ( ST) HOSE PACK, 1
DROP, STRA/ MRP INCLUDES:
3 1- UPPER ST HOSE 4 IN. X 4 FT.
2- BRIDGE HOSE CLAMPS
1- METAL HOSE SADDLE 4 IN.
1- BALANCER ASSEMBLY
1- STRA/ MRP INTERNAL CRAB ASSEMBLY
810042 00000116723 MG UP, 4IN ST HSPK, 1 DRP, STR 2, 253. 51 6, 354. 89

MID HOSE PACKS

MID HOSE PACKS FOR SBTA, STRA AND VSRX
3 7110062- 1 1. 000. 116411
MID, STANDARD TEMP ( ST) HOSE 4 IN.

MIDST HS 4IN x lOFT, l PCS, ALL x 10 ft., WITH CLAMPS, 1 PIECE, SBTA, RAILS STRA, VSRX 457. 61 1 290. 45

MAGNETIC GRABBER LOWER HOSE PACKS
3 MAGNETIC GRABBER ( MG) 4 IN., HIGH
TEMP ( HT) HOSE 4 IN., SAFETY
MG 41N, LWR KIT, 4IN HT DISCONNECT HANDLE ( SDCH) LOWER NEW 00000003326 HS, STRA/
CO
VSRX ASSEMBLY, STRA/ VSRX 1 572. 69 4, 434. 97
3 GRABBER
CO
TAILPIPE ADAPTER ( TPA) 5 IN., FOR
90360- 1 00000112505 TPA SIN, FOR MG SIN MAGNETIC GRABBER ( MG) S IN. 267. 25 753. 65

EXHAUST FANS

FANS - FAN HOUSING POWDER C
TEV FAN, 5 HP, 3450 RPM, 208- 230 /
460V, 3 PHASE, 60HZ, TEFC MOTOR,
1 0000102934 00000102934 TEV- 559 536 NEMA UVD CLASS B CENTRIFUGAL FAWSTANDARD

UPBLAST VERTICAL DISCHARGE( UVD)

CONFIGURATION
AC
3 640. 01 3, 421. 61

SERIES FAN

SHEET METAL OUTLET TRANSITIONS FOR TEV FANS
R N
1 0000100340 00000100340 JT. 1- 311
TRANSITION FOR TEV 5 FANS.

TRANSITIONS TO 12" ROUND MALE

FAN SILENCERS
131. 55 123. 66
12" ID x 20" OD 36" LONG SHEET
I
METAL SILENCER WITH 12" MALE END
COUPLERS. ( FOUR - INCH WALL
708654 00000116292 12 silencer/ 36" THICKNESS). 860. 91 809. 25 -8-
OS- 3 FAN MOTOR CONTROL BOXES
AN OS- 3 CONTROL BOX IS USED TO START STOP A FAN VIA THE PC- 500 PRESSURE SENSOR. OS- 3 CONTROL S- 3 FAN CONTROLLERS
OS- 3 CONTROL BOXES FORS HP FANS
1 706040 00000116126 OS- 3, SHP, 208- 230V, 3PH
CONATION SYSTEM FOR SHP, TROL30V, OP3PER
2O8- 2H, 13 A 1 756. 85 1, 651. 44 SENSORS•
704000 0000010Wit, PCCOMPONENTS500- US PRESSURE
3 SENSOR 41. 62 117. 37 SUB
TOTAL MISC - DUCT - HARDWARE MATERIAL 6, 125. 26 TOTAL
MATERIAL 32 690. 63 EQUIPMENT/
LIFT RENTALS 1,
450. 00 FREIGHT
2, 000. 00 SALES
TAX 2, 800. 90 INSTALL/
LABOR 20424.
43 TOTAL
59, 365. 96 Delivery
of system will be within 12 weeks of proposal acceptance. Payment to be made as follows: Progressive Invoicing Air
Exchange: Authorized
Signature: All
material Is guaranteed tobe as specified. All work to be mpleted In a workmanlike manner according to standard practices.

Any alteration or deviation from above specifications Title: Involving extra costs will be executed only upon written orders, and will become aextra charge o and above the estimate. Note: This proposal may be All agreements contingent upon strikes, accidents or delays withdrawn by Air Exchange ifnot beyond our control. Owner tocarry fire, tornado, and other accaptad within 180 days. ces n'
eery Insurance. Our workers are fully covered by Work,. s compensation Insurance. ACCEPTANCE
OF PROPOSAL and TERMS AND CONDITIONS. (
Pages 1and 2, Inclusively.) The above CUSTOMER prices,
specifications and Terms and Conditions are SIGNATURE: satisfactory andera hereby accepted. You are authorized
todo the work as sp ,ciflad. My signing whore
Indicated, you, a agent for the organization proposed,
hereby authorized Air Exchange, Inc. to DATE OF perform the work as specified on Page 1 of 2 cf this ACCEPTANCE: proposal and agraa, and accept the Terms and Conditions (

Page 2 of 2 ends

made as outlined above. TERMS

A/VO CO/ VD/T/ONS AIR
EXCHANGE, INC_ PROJECT
NAME:
-9-
ADDITIONAL EXCLUSIONS TO THE PROJECT PROPOSED:

1. Electrical components and hookup are not included, unless indicated on Page 1 of 2 of the proposal.

2. Permits and fees of any kind are not included in this proposal; including but not limited to, any pertinent load calculations; technical drawings, submittals, shop drawings and permit drawings of any kind. Should any of these items be required, a separate quote will be required.

3. Outside services, not limited to but including, concrete work, exterior penetrations, fork or scissor lift rentals, etc. are not included, unless indicated on Page 1 of 2 of the proposal.

4. All work to be performed during normal business hours ( M- F, 7: 30 a. m. to 4: 00 p. m.). Work done outside of normal business hours will be subject to additional charger, ( i. e., time and one- half, double time, etc.) unless indicated on Page 1 of 2 of the proposal.

5. Payments terms are noted on the proposal. Should you require different terms than noted, an addendum to this contract will need to by fully executed before revised terms will be accepted.

6. Freight is not included, unless indicated on Page 1 of 2 of the proposal. Please provide preferred carrier. If you authorize, Air Exchange, Inc. will pay for freight charges and invoice you, but you must include this provision in your purchase order to Air Exchange, Inc.

7. Any/ all materials and labor not listed on this proposal.

S. Any VFD' s, Fans or Interlocks.

9. Remote Control Receiver and Transmitter option.
1 O. Blocking, Roof Curbs, Roof Jacks.

11. Electrical labor and materials.

12. Air Testing, Air Balancing.

13. Painting.

14. Bonds and permit fees of any kind.

15. Engineering fees of any kind including structural calculations or any labor or materials resulting from any structural calculations.

16. Engineered Drawings
-10-
AIR EXCHANGE, INC Date: 12- 6- 2021
495 Edison Ct., Ste. A, Fairfield, CA 94534 CA License # 664135 C- 43, C- 61/ D- 43 1141 E. Philadelphia St., Ontario, CA 91761 NV License # 0082193 C- 21C P: 800. 300. 2945 WA License # AirEx* 988DJ
w. airexchange. com DIR# 1000011166
Submitted By: John Whitney
john. whitney@airexchange. com

P LY M M V E N T
Cell# 909- 238- 7686 Clean air at work
Customer Name: Hiahland Fire Department
Customer Address: 7649 sterling Ave. San Bernardino. CA 92410 y
Fire Station # 543
Customer Contact Name: Chief Landacazo Project Name: Plymovent MRP70 Customer Phone Number: 909- 680- 9526
Proposal Valid: 180 Days
Contact Email: Sean. Landavazo(afire. ca. aov
Scope of Work: Installation of MRP- 70 magnetic system to include, Magnetic grabber ( 2), Upper hose pack ( 2), Mid hose pack ( 2) Lower hose pack ( 2) Tailpipe adapters ( 2) Pressure switches ( 2) Fan SHP ( 1), Silencer ( 1), Filter scrubber box ( 1), Misc Duct, Antenna ( 1), Receiver ( 1), Transmitter ( 2) Lift rentals, labor, freight and tax.

DOES NOT INCLUDE, electrical load calculations, structural calculations, Bonds ( can be added if required) Blocking & painting of any kind, Carbon monoxide sensors, Structural or electrical Engineering costs of any kind or any material or labor as the result of any required Structural or electrical Engineering calculations, Any other Engineering fees or drawings of any kind beyond what is supplied with the quote BOM QUOTING TOOL: FIRE / EMS EXHAUST REMOVAL SYSTEMS

QTY OLD NEW PRODUCT NAME DESCRIPTION LIST PRICE TOTAL
ARTICLE # ARTICLE #

MRP RAIL SYSTEMS

STANDARD MRP RAIL SYSTEMS
MINI RAIL SYSTEM 70 INCLUDES:

66. 5' OF EXTRUDED ALUMINUM PROFILE
2- MRP RAIL END CAPS
1- HYDRAULIC SHOCK
2 00000006210 MRP- 70 2- RRDC- 125, MIDDLE RAIL DUCT
CONNECTOR, 5" DIAMETER
140' FEET OF MRP RUBBER LIP
7- TOP SUSPENSION MOUNT KITS
NEW 4, 020. 40 7, 558. 35

STRA/ MRP MAGNETIC UPPER HOSE PACKS
-11-
MAGNETIC GRABBER ( MG) UPPER, 4 IN.

STANDARD TEMP ( ST) HOSE PACK, 1
DROP, STRA/ MRP INCLUDES:
2 1- UPPER ST HOSE 4 IN. X 4 FT.
2- BRIDGE HOSE CLAMPS
1- METAL HOSE SADDLE 4 IN.
1- BALANCER ASSEMBLY
1- STRA/ MRP INTERNAL CRAB ASSEMBLY
810041 011010116121 MG UP, 41N ST HSPK, 1 DRP, STR 2, 253. 51 4, 236. 60

MID HOSE PACKS

HOSE PACKS FOR
2 1.01
MID, STANDARD TEMP ( ST) HOSE 4 IN.

MIDST HS 4IN x I. FTJ PCS, ALL x 10 II., WITH CLAMPS, 1 PIECE, SBTA, 710062- 1 RAILS STRA, VSRX 457. 61 860. 30

MAGNETIC GRABBER LOWER HOSE PACKS
2 BER ( MG) 4IN., HIGH
4 IN., SAFETY 7I MG 4INLWR KIT, 4IN HT C N' ECTANDLE SDCH) LOWER NEW 00000003326 HSSTRA/ VSRX VSRX 1 572. 69 2 956. 65

GRABBER CONICALOTAILPIPE ADAPTERS
GALVANIZED .•
2 TAILPIPE ADAPTER ( TPA) 5 IN., FOR
90360- 1 00000112505 TPA 51N, FOR MG 5IN MAGNETIC GRABBER ( MG) 5IN. 267. 25 502. 43

EXHAUST FANS
TEV FAN, 5 HP, 3450 RPM, 208- 230 /
460V, 3 PHASE, 60HZ, TEFC MOTOR,
1 0000102934 00000102934 TEV- 559 536 NEMA UVD CLASS B CENTRIFUGAL FAN. STANDARD

UPBLAST VERTICAL DISCHARGE( UVD)

CONFIGURATION
AC

3. 64 3, 421. 61

SERIES FAN

SHEET METAL OUTLET TRANSITIONS FOR TEV FANS
1 0000101340 00000100340 TOL- 315
TRANSITION FOR TEV 5 FANS.

TRANSITIONS TO 12" ROUND MALE

FANSILENCERS
131. 55 123. 66
12" ID x 20" OD 36" LONG SHEET
1 METAL SILENCER WITH 12" MALE END
COUPLERS. ( FOUR - INCH WALL
708654 00000116292 12 silencer/ 36" THICKNESS). 860. 91 809. 25 -12-
L7474N OS- 3 FAN MOTOR CONTROL BOXES
OS- 3 CONTROL BOX IS USED TO START STOP A FAN VIA THE PC- 500 PRESSURE SENSOR, OS- 3 CONTROL

CONTROLLERS
OS- 3 CONTROL BOXES FOR 5 HP FANS
I
2 706040
1704000
00000116126
SENSORSt
00000100716
OS- 3, SHP, 208- 230V, 3PH

COMPONENTS
PC- 500- US
CONTROL OPERATION SYSTEM FOR 5HP,
2O8- 230V, 3PH, 13 A

IPRESSURE SENSOR
1 756. 85

41. 62
1, 651. 43
moor78. 25
16 16 SUB - TOTAL FIRE MATERIAL 22, 198. 53
SUB TOTAL MISC - DUCT - HARDWARE MATERIAL 6,015. 73
TOTAL MATERIAL 28, 214. 26
EQUIPMENT/ LIFT RENTALS 1, 650. 00
FREIGHT 3, 000. 00
SALES TAX 2, 546. 98
INSTALL/ LABOR 21631. 59
TOTAL 57 042. 83
Delivery of system will be within 12 weeks of proposal acceptance Payment to be made as follows: Progressive Invoicing
Air Exchange
Authorized Sionature:

All material Is guaranteed to be a specified. All work to be completed In a workmanlike manner according to standard practices. Any alteration or deviation from above specifications Title:

Involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate, Note: This proposal may be All agreements contingent upon strikes, accidents or delays withdrawn by Air Exchange if not beyond our control. Owner to carry fire, tornado, and other aooe pted within 180 days.
sary Insurance. Our workers are fully covered by
Workm an' s compensation Insurance.

ACCEPTANCE OF PROPOSAL and TERMS AND
CONDITIONS. ( Pages 1 and 2, Inclusively.) The above
prices, specifications and Terms and Conditions are
satisfactory and are hereby accepted. You are
authorized to do the work as specified. By signing
where indicated, you, an agent for the organization
proposed, hereby authorized Air Exchange, Inc. to
perform the work as specified on Page 1 of 2 of this
proposal and agree and accept the Terms and
Conditions ( Page 2 01 2) of this proposal. Payment will be made as outlined above.

CUSTOMER SIGNATURE:

DATE OF
ACCEPTANCE:

TERMS . 41\ fL> CO/VO/ T/ONS
AIR EXCHANGE, INC_
-13-
PROJECT NAME:

ADDITIONAL EXCLUSIONS TO THE PROJECT PROPOSED:

1. Electrical components and hookup are not included, unless indicated on Page 1 of 2 of the proposal.

2. Permits and fees of any kind are not included in this proposal; including but not limited to, any pertinent load calculations; technical drawings, submittals, shop drawings and permit drawings of any kind. Should any of these items be required, a separate quote will be required.

3. Outside services, not limited to but including, concrete work, exterior penetrations, fork or scissor lift rentals, etc. are not included, unless indicated on Page 1 of 2 of the proposal.

4. All work to be performed during normal business hours ( M- F, 7: 30 a. m. to 4: 00 p.m.). Work done outside of normal business hours will be subject to additional charges (I. e., time and one-half, double time, etc.) unless indicated on Page 1 of 2 of the proposal.

5. Payments terms are noted on the proposal. Should you require different terms than noted, an addendum to this contract will need to by fully executed before revised terms will be accepted.

6. Freight is not included, unless indicated on Page 1 of 2 of the proposal. Please provide preferred carrier. If you authorize, Air Exchange, Inc. will pay for freight charges and invoice you, but you must include this provision in your purchase order to Air Exchange, Inc.

7. Any/ all materials and labor not listed on this proposal.

8. Any VFD' s, Fans or Interlocks.

9. Remote Control Receiver and Transmitter option.

10. Blocking, Roof Curbs, Roof Jacks.

11. Electrical labor and materials.

12. Air Testing, Air Balancing.

13. Painting.

14. Bonds and permit fees of any kind.

15. Engineering fees of any kind including structural calculations or any labor or materials resulting from any structural calculations.

16. Engineered Drawings
-14-

STAFF REPORT

TO THE CITY COUNCIL
DATE: January 11, 2022
FROM: Joseph Hughes, City Manager
REVIEWED BY: Carlos Zamano, Public Works Director/ City Engineer C i PREPARED BY: Matt Bennett, Assistant Public Works Director SUBJECT: All -way Stop Designation at Highland Avenue and Cloverhill Drive RECOMMENDATION: Public Safety Subcommittee recommends approval of Resolution No. 2022 - designating an all -way stop at Highland Avenue and Cloverhill Drive.

FISCAL IMPACT: The cost to the City will be approximately $900 for material costs for 2 stop signs and posts, and crosswalk striping at Highland Avenue and Cloverhill Drive intersection. Labor will be furnished by City forces and contract services.

PUBLIC NOTICE: Notices of the Council Meeting Agenda were posted at the three locations required by resolution.

BACKGROUND: Highland Avenue is an east/ west collector street serving residential neighborhoods located north of Base Line between Church Street and Base Line. The intersection of Highland Avenue with Cloverhill Drive is currently a two-way stop controlled at northbound and southbound Cloverhill Drive and cross traffic on Highland Avenue does not stop. At the time of development around this intersection, anticipated vehicle and pedestrian volumes did not warrant the placement of an all -way stop. Issues of traffic safety in the neighborhood have recently been brought to the City' s attention by residents. As a result, an engineering study was performed to determine if an all -way warrant top warrant would be met.

On October 27th, 2021, traffic and pedestrian volumes for the Highland Avenue and Cloverhill Drive intersection were obtained and analyzed by a consultant traffic engineer. In addition, the consultant traffic engineer visited the site to observe traffic conditions and motorists behavior.

Warrants provided in the Manual of Uniform Traffic Control Devices were used in the analysis.

Approved Motion
Denied Ayes
Continued Noes
Tabled Abstain
Absent
City Clerk
Second
City Ma
Agenda Item No. / /
File No.
-1-
The MUTCD has been adopted for use in California by Caltrans. The analysis revealed that a lack of sight distance is apparent when approaching the intersection from the west and there is expected high pedestrian activity at the intersection. The recommendation of the consultant traffic engineer was that an all -way stop was warranted at Highland Avenue and Cloverhill Drive intersection. It was further recommended that crosswalks be installed on all legs of this intersection.

On December 14, 2021, the Public Safety Subcommittee was presented staff s recommendation that the intersection of Highland Avenue and Cloverhill Drive become an all -way stop controlled intersection. A resident attended the Public Safety Subcommittee meeting to express his support of the all -way stop and crosswalks at Highland Avenue and Cloverhill Drive intersection. Residents have also emailed in support of the Public Safety Subcommittee recommendation to create an all - way stop at this intersection. A copy of the emails are attached. The new stop locations are indicated on the stop sign location map attached.

The Subcommittee' s recommendation is reflected on page 11 in bold letters of the attached resolution.

Attachments: ( 1) New Stop Sign Installation Location Map 2) Resolution No. 2022-
3) Resident Emails
M:\ PUBWRK\Traffic Restrictions\ Intersection Traffic Controls\ all way stop\ Highalnd Avenue Cloverhill Drive - Staff Report.doc -2-
Indicates proposed new stop sign installation.

NEW STOP SIGN INSTALLATION

LOCATION MAP
-3-
RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND

DESIGNATING HIGHLAND AVENUE AND CLOVERHILL DRIVE AS AN ALL -WAY STOP CONTROLLED INTERSECTION AND RESCINDING RESOLUTION NO. 2020- 007
Pursuant to San Bernardino County Code Title 5, Division 2, Chapter 1, adopted by the City of Highland, the City Council finds and determines that traffic conditions, and public safety and convenience, require certain regulations are necessary and shall be established, and the City Engineer is directed to take action as necessary to accomplish the following:

Section One: Designate the following streets as through highways and require all vehicles to stop before entering or crossing the same, except at locations otherwise specified:

WEST/ EAST STREETS - FROM NORTH TO SOUTH

1. Highland Avenue from Boulder Avenue to Church Street; except, a) Boulder Avenue and Church Street intersections.
b) Surrey Lane intersection

2. Highland Avenue from Pleasant View Lane to Base Line; except, a) Base Line intersection.

3. Terrace Drive from Orchard Road to Church Street; except, a) Orchard Road, Orangewood Lane and Church Street intersections.

4. Orangewood Road from Terrace Drive to Church Street; except, a) Terrace Drive and Church Street intersections.

5. Oak Ridge Road west of Church Street; except,
a) Church Street intersection.

6. Atlantic Avenue from La Praix Street to Boulder Avenue, except, a) Boulder Avenue intersection.

7. Pacific Avenue from Del Rosa Drive to Grove Avenue, except, a) that portion outside Highland City limits; and
b) Del Rosa Drive, Del Rosa Avenue, Sterling Avenue, Victoria Avenue, Orange Street, Palm Avenue, Boulder Avenue, and Grove Avenue intersections; and c) that portion within Caltrans right- of-way.
1 -4-

8. Burns Avenue from Tiara Avenue to Browning Road; except, a) Browning Road intersection.

9. Fourteenth Street from Victoria Avenue to Orange Street; except, a) Victoria Avenue, Olive Street, and Central Avenue intersections.

10. Base Line from Del Rosa Drive to east of Brookwood Lane; except, a) that portion outside Highland City limits; and
b) Del Rosa Drive, Del Rosa Avenue, Sterling Avenue, Victoria Avenue, Central Avenue, Palm Avenue, Church Avenue, Boulder Avenue, Church Street and Weaver Street intersections.

11. Pluto Street from west of Dunkirk Avenue to Stoney Creek Drive; except, a) Seine Avenue intersection

12. Southwood Lane from west of Fairwood Lane to Brookwood Lane; except, a) Aplin Street intersection

13. Saguaro Way from Peach Blossom Court to Webster Street; except, a) Webster Street intersection.

14. Cherokee Rose Drive from Apple Blossom Court to Webster Street; except, a) Webster Street intersection.

15. Sycamore Drive from Webster Street to Autumn Chase Drive; except, a) Webster Street and Streater Drive intersections.

16. Norwood Street from Palm Avenue to Church Avenue; except, a) Palm Avenue and Church Avenue intersections.

17. Norwood Street from Seine Ave. to Stoneycreek Dr.; except, a) Seine Ave. and Stoneycreek Dr. intersections.

18. Canyon Springs Road from Weaver Street to east of West Wind Court; except, a) Weaver Street intersection.

19. Water Street from Church Street to easterly terminus; except, a) Church Street, Weaver Street, Aplin Street, and North Fork Road intersections.

20. Lochinvar Road from Chanticleer Street to north of Carro Amano Lane; except, a) Chanticleer Street and Weaver Street intersections.

21. Brightspot Lane from Weaver Street to Carro Amano Lane; except, a) Weaver Street and Carro Amano Lane intersections.
2 -5-

22. Highland Grove Lane from Chanticleer Road to Weaver Street; except, a) Chanticleer Road and Weaver Street intersections.

23. Gold Buckle Road from Greenspot Road to Unicorn Way; except, a) Greenspot Road and Weaver Street intersections.

24. 10th Street from Central Avenue to Drummond Avenue; except, a) Central Avenue and Drummond Avenue intersections.

25. Temple Street from Valaria Street to Victoria Avenue; except, a) Valaria Street and Victoria Avenue intersections.

26. Temple Street from Church Ave. to easterly terminus; except, a) Church Avenue intersection.

27. Flamingo Road from west of Bonnie St. to Golondrina Dr.; except, a) Golondrina Dr. intersection.

28. Ninth Street from Tippecanoe Avenue to Palm Avenue; except, a) that portion outside Highland City limits; and
b) Tippecanoe Avenue, Del Rosa Drive, Del Rosa Avenue, Sterling Avenue, Lankershim Avenue, Victoria Avenue, Central Avenue, and Palm Avenue intersections.

29. Canyon Oak Drive/ Sunny Ridge Loop east of Streater Street; except, a) Streater Street intersection.

30. Cypress Street from McKinley Street to Palm Avenue; except, a) Lankershim Avenue, Victoria Avenue, Cunningham St., and Palm Avenue intersections.

31. River Run Lane from Mountain Side Lane to Club View Drive; except, a) Mountain Side Lane and Club View Drive intersections.

32. Kane Court from west of Mr. McDuffs Way to Webster Street; except, a) Webster Street intersection.

33. Eucalyptus Street from Webster Street to Orange Street; except, a) Webster Street and Orange Street intersections.

34. Santa Ana Canyon Road from Club View Drive to east of Merlin Way; except, a) Club View Drive, Weaver Street, Aplin Street and Alta Vista intersections.

35. Park Crest Lane from Sommerset Lane to Morningside Lane; except, a) Sommerset Lane and Morningside Lane intersections.
3 -6-

36. Sixth Street from Tippecanoe Avenue to Central Avenue; except, a) that portion outside Highland City limits; and
b) Tippecanoe Avenue, Del Rosa Drive, Sterling Avenue, Victoria Avenue, Cunningham Street, and Central Avenue intersections.

37. Polo Street from Gold Buckle Road to east of Aranci Way; except, a) Gold Buckle Road intersection.

38. Polo Street from Club View Dr. to Morningside Ln.; except, a) Club View Dr., Garden Grove North and South, and Morningside Ln. intersections.

39. Garden Crescent from Palm View Ln. to Palm View Ln.; except, a) Palm View Ln. intersections.

40. Palm View Lane from Park View Lane to Club View Drive; except, a) Park View Ln. and Club View Dr. intersections.

41. Greenspot Road from Church Street to east City limits; except, a) Church Street intersection.

42. Merris Street from Church Street to Merris Street (north/ south section), except, a) Church Street at Merris Street; and
b) Merris Street at Merris Street

43. Garden Lane from Rose Ct. to Church St.; except,
a) Rose Ct. and Church St. intersections.

44. Garden Circle North from Garden Circle South to Rose Ct; except, a) Rose Ct. intersection.

45. Garden Circle South from Garden Circle North to Rose Ct.; except, a) Rose Ct. intersection.

46. Fifth Street from Tippecanoe Avenue to Church Street; except, a) that portion outside Highland City limits; and
b) State Route 30 between Tennessee Street and Boulder Avenue; and c) Tippecanoe Avenue, Del Rosa Drive, Victoria Avenue, Palm Avenue, Tennessee Street, Boulder Avenue, and Church Street intersections.

47. Fourth Street from Marilyn Avenue to Del Rosa Drive; except, a) Del Rosa Drive intersection

48. Third Street from Tippecanoe Avenue to Palm Avenue; except, a) that portion outside Highland City limits; and
b) Tippecanoe Avenue, Del Rosa Drive, Victoria Avenue, and Palm Avenue intersections.
0!
-7-
48a. Crest Street from Cole Avenue to Palm Avenue; except, a) Cole Avenue and Palm Avenue intersections.

NORTH/ SOUTH STREETS - FROM WEST TO EAST

49. Tippecanoe Avenue from 9th Street to 3rd Street; except, a) that portion outside Highland City limits; and
b) 9th Street, 6th Street, 5th Street, and 3rd Street intersections.

50. Marilyn Avenue from 3rd Street to 4th Street; except, a) 3rd Street and 4th Street intersections

51. Del Rosa Drive from Pacific Street to 3rd Street; except, a) that portion outside Highland City limits, and
b) Pacific Street, Base Line, 9th Street, 6th Street, 5th Street, and 3rd Street intersections.

52. Elmwood Road from Pacific Street to Base Line; except, a) Pacific Street and Base Line intersections.

53. Del Rosa Avenue from Pacific Street to 6th Street; except, a) that portion outside Highland City limits; and
b) Pacific Street, Base Line, 9th Street, and 6th Street intersections.

54. Osbun Road from Pacific Street to Base Line; except, a) Base Line and Pacific Street intersections.

55. Golondrina Drive from Base Line to 9th Street and 9th Street to Fleming Street; except,
a) Base Line and 9th Street intersections; and
b) 9th Street and Fleming Street intersections

56. Sterling Avenue from Pacific Street to 5th Street; except, a) that portion outside Highland City limits; and
b) Pacific Street, Base Line, 9th Street, 6th Street, and 5th Street intersections.

57. Rogers Lane from Base Line to 9th Street: except,
a) Base Line and 9th Street intersections.

58. Guthrie Street from Base Line to 9th Street, except, a) Base Line and 9th Street intersections.

59. McKinley Street from Base Line to Cypress Street; except, a) Base Line and 9th Street intersections.
5 -8-

60. Lankershim Avenue from 9th Street to McKinley Street; except, a) 9th Street intersection.

61. Valaria Street from Base Line and 9th Street; except, a) Base Line and 9th Street intersections.

62. Robinson Road from Highland Avenue to its southerly terminus; except, a) Highland Avenue intersection

63. Victoria Avenue from Highland Avenue to 3rd Street; except, a) that portion outside Highland City limits; and
b) Highland Avenue, Pacific Street, Base Line, 9th Street, 5th Street, and 3rd Street intersections.

64. San Francisco Street from 14th Street to Base Line; except, a) 14th Street and Base Line intersections.

65. Cunningham Street from Base Line to 5th Street; except, a) Base Line, 9th Street, Cypress Street, and 5th Street intersections.

66. Olive Street from Pacific Street to Base Line; except, a) Pacific Street and Base Line intersections.
b) 14th Street intersection

67. Central Avenue from Mansfield Street to 6th Street; except, a) 14th Street, Base Line, 9th Street, and Cypress Street intersections.

68. Olive Tree Lane from 10th Street to Base Line; except, a) 10th Street and Base Line intersections.

69. Lillian Lane from 10th Street to Base Line; except, a) 10th Street and Base Line intersections.

70. Orange Street from Millar Avenue to 14th Street; except, a) that portion outside Highland City limits; and
b) Pacific Street and 14th Street intersections.

71. Cole Avenue from 10th Street to Base Line; except,
a) 10th Street and Base Line intersections.

72. Cole Avenue from 13th Street to Base Line; except,
a) Base Line intersection.

73. Reedy Avenue from Base Line to 13th Street; except , a) Base Line intersection
b) 13th Street intersection
NO
-9-

74. Palm Avenue from Atlantic Avenue to south Highland City limits; except, a) that portion outside Highland City limits; and
b) Atlantic Avenue, Pacific Street, Base Line, 5th Street, and 3rd Street intersections.

75. Church Avenue from Pacific Street to 5th Street; except, a) Base Line and 5th Street intersections.

76. Buckeye Street from Stratford Street to Base Line; except, a) Base Line intersection.

77. Nye Drive from Temple Street to northerly terminus; except, a). Temple Street intersection.

78. La Praix Street from Messina Street to Pacific Street; except, a) that portion outside Highland City limits; and
b) Pacific Street intersection.

79. Dunkirk Avenue from Pluto St. to Stoney Creek Dr.;

80. Seine Ave. from Stratford Ave. to Stoney Creek Dr.; except, a) Stratford Ave., Base Line, Norwood St. and Stoney Creek Dr. intersections.

81. Stoney Creek Dr. from Base Line to Dunkirk Ave.; except, a) Base Line intersection.

82. Yarnell Road from Manchet Way to Base Line; except, a) Base Line intersection.

83. Tiara Avenue from Summer Trail Place to Manchet Way; except, a) Burns Avenue intersection.
b) Summer Trail Place intersection

84. Country Oaks Drive from Summer Trail Place to Saffron Avenue; except, a) Saffron Avenue intersection

85. Webster Street from Base Line to Boulder Avenue; except, a) Base Line and Boulder Avenue intersections.
b) Eucalyptus Avenue intersection

86. Browning Road from Saffron Avenue to Base Line; except, a) Base Line intersection.

87. Orchard Road from Highland Avenue to Arroyo Vista Drive; except, a) Highland Avenue intersection.
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88. Orange Street from Sycamore Drive to 5th Street; except, a) Sycamore Drive, Eucalyptus Avenue and 5th Street intersections.

89. Marigold Avenue from Base Line to Lemon Street;

90. Applewood Street from north of Orange Blossom to Terrace Drive; except, a) Terrace Drive intersection.

91. Rose Court from north of Garden Circle North to south of Garden Circle south; except,
a) Garden Circle south and Garden Circle north intersection.

92. Church Street from Orange Blossom Drive to 5th Street; except, a) Highland Avenue, Base Line and 5th Street intersections.

93. Clover Hill Drive from Highland Avenue to Water Street; except, a) Highland Avenue, Base Line, and Water Street intersections.

94. Fire Oak Drive from north of Red Tail Court to Water Street; except, a) Water Street intersection.

95. Mountain Side Lane from Water Street to River Run Canyon; except, a) Water Street intersection.

96. Oak Court from north of Pepper Tree Ct. to Garden Crescent; except, a) Garden Crescent intersection.

97. Club View Drive from Base Line to Greenspot Road; except, a) Base Line, Water Street and Greenspot Road intersections.

98. Sommerset Lane from north terminus to Santa Ana Canyon Road; except, a) Santa Ana Canyon Road intersection.

99. Morningside Lane from north terminus to south of Polo St.; except, a) Santa Ana Canyon Road intersection.
100. Chanticleer Road from north of Lochinvar Road to Gold Buckle Road; except, a) Gold Buckle Road intersection.
101. Weaver Street from Base Line to Greenspot Road; except, a) Base Line, Water Street, and Greenspot Road intersections. 102. Glen Oaks Road from Chandler Road to Canyon Springs Road; except, a) Canyon Springs Road intersection.

Rl
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103. Aplin Street from Base Line to Santa Ana Canyon Road; except, a) Base Line intersection.
b) Southwood Lane intersection.
c) Water Street intersection.
d) Santa Ana Canyon Road.
104. North Fork Road from Santa Ana Canyon Road to Cornelius Court; except, a) Water Street, Santa Ana Canyon Road, and Cornelius Court intersections. 105. Drummond Avenue from 9th Street to Crest Street; except, a) Crest Street and 9th Street intersections.

Section Two
signals:

Designate the following intersections to be controlled by official traffic

1. Base Line at Boulder Avenue

2. Base Line at Browning Road/ Streater Avenue

3. Base Line at Central Avenue

4. Base Line at Church Avenue

5. Base Line at Church Street

6. Base Line at Cunningham/ Olive

7. Base Line at Del Rosa Avenue

8. Base Line at Del Rosa Drive

9. Base Line at McKinley Street

10. Base Line at Palm Avenue

11. Base Line at Seine Avenue

12. Base Line at Sterling Avenue

13. Base Line at Victoria Avenue

14. Base Line at Walgreens

15. Base Line at Webster Street

16. Boulder Ave. Albertsons

17. Boulder Avenue at Beaver Medical Clinic

18. Boulder Avenue at Greenspot Road

19. Boulder Avenue at San Manuel Village

20. Boulder Avenue at Webster Street

21. Central Avenue at 5th Street

22. Church Avenue at 5th Street

23. Church Street at Greenspot Road

24. Del Rosa Avenue at 9th Street

25. Del Rosa Drive at 3rd Street

26. Del Rosa Drive at 5th Street

27. Del Rosa Drive at 6th Street

28. Del Rosa Drive at 9th Street

29. Del Rosa Drive at Pacific Street

30. Greenspot Road at Access A ( Staples)

31. Greenspot Road at Lowes Center
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32. Greenspot Road at Orange Street

33. Greenspot Road at Village of East Highland

34. Greenspot Road at Weaver Street

35. Highland Avenue at Real Journey Charter School

36. Highland Avenue at Boulder Avenue

37. Highland Avenue at Piedmont Drive

38. Highland Avenue at San Manuel Village

39. Highland Avenue at Victoria Avenue

40. Lankershim Avenue at 9th Street

41. Leland Norton Way at 3rd Street

42. Palm Avenue at 3rd Street

43. Palm Avenue at 5th Street
44, Palm Avenue at Cypress Street

45. SR- 210 at 5th Street ( northbound ramps)

46. SR- 210 at 5th Street ( southbound ramps)

47. SR- 210 at Base Line ( northbound ramps)

48. SR- 210 at Base Line ( southbound ramps)

49. SR-330 at Highland Avenue ( northbound ramps)

50. SR- 330 at Highland Avenue ( southbound ramps)

51. Sterling Avenue at 5th Street

52. Sterling Avenue at 9th Street

53. Sterling Avenue at Pacific Street

54. Tippecanoe Avenue at 3rd Street

55. Tippecanoe Avenue at 5th Street

56. Tippecanoe Avenue at 6th Street

57. Tippecanoe Avenue at 9th Street

58. Victoria Avenue at 3rd Street

59. Victoria Avenue at 5th Street

60. Victoria Avenue at 9th Street

61. Victoria Avenue at 14th Street

62. Victoria Avenue at Pacific Street
Section Three: Designate the following intersections to be controlled by multi -way stop controls:

1. 6th Street and Del Rosa Drive

2. Central Avenue and 14th Street

3. Central Avenue and Cypress Avenue

4. Orangewood Lane and Terrace Drive

5. Pacific Street and Del Rosa Avenue

6. Pacific Street and Orange Street

7. Pacific Street and Palm Avenue

8. Base Line and Weaver Street

9. Cypress Street and Cunningham Street

10. Aplin Street and Southwood Lane

11. Aplin Street and Water Street
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12. Seine Avenue and Norwood Street

13. Weaver Street and Water Street

14. 9th Street and Central Avenue
15, Water Street and North Fork Road

16. Church Street and Highland Avenue

17. Highland Avenue and Surrey Lane

18. Eucalyptus Avenue and Orange Street

19. Webster Street and Eucalyptus Avenue

20. Olive Street and 14th Street

21. Highland Avenue and Cloverhill Drive
Section Four: This resolution incorporates the contents of Resolution No. 2020- 007 which is hereby rescinded in its entirety.

PASSED, ADOPTED AND APPROVED this 11th day of January, 2022 Larry McCallon, Mayor
Attest:

Betty Hughes, City Clerk
11 -14-
Betty Hughes
From:

Sent: Tuesday, December 28, 2021 3: 13 PM
To: Public Comment
Subject: Cloverhill and Highland Ave
EXTERNAL EMAIL: Do not click on links or open attachments unless you know the content is safe.

Good Afternoon,
I am a resident of East Highland and live very close to the intersection of Cloverhill and Highland Ave. 1 am a frequent runner and walker and have to cross this intersection often on my run route. This is a very difficult street to cross, especially with the way the street curves. I am very much in support of a 4- way stop and crosswalks at this intersection.

This will slow cars down and create a safe crossing for my family. This area is full of walkers, bike riders and runners and this would make our neighborhood much safer.

Thank you for your consideration.

Jenny Doll
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Betty Hughes
From: Mark Strain
Sent: Tuesday, December 28, 2021 5: 41 PM
To: Public Comment
Subject: Re: Traffic Engineering Study, Intersection of Cloverhill Drive at Highland Avenue EXTERNAL EMAIL: Do not click on links or open attachments unless you know the .content is safe.

My name is S. Mark Strain. My residence address is , Highland, CA.

I am submitting a comment in support of the recommendation to change the subject intersection from a two- way stop for Cloverhill traffic to a four-way stop, complete with marked pedestrian crossing zones.

The stretch of Highland Avenue between Church Avenue (to the west) and Baseline Avenue (to the.east and south) is approximately

1. 1 miles long.

There is NO stop for Highland Avenue traffic (in either direction) between Church and Baseline.

The roadway design of this stretch of Highland Avenue that creates such a lovely and fun -to -drive, " long and winding road" ( to borrow a famous Beatles lyric, yes, I' m that old) also presents some subtle, yet both substantial and significant, traffic hazards.

This open stretch of Highland is neither straight nor flat, but a series of undulating " S" curves with changing elevations that create substantial sightline challenges for drivers on Cloverhill attempting to turn left or right onto Highland.

Further, the sightline challenges increase as speeds of vehicles traveling on Highland increase beyond the posted 35 mph limit.

This is problematic because the subject intersection is placed on a rise in the surface of Highland Ave, such that Highland Avenue traffic west of Cloverhill is below the visual horizon line of drivers on Cloverhill.

Drivers on Cloverhill approaching Highland from the south, face a gamble turning onto Highland, both left and right, from eastbound Highland traffic.

Drivers on Cloverhill approaching Highland from, the north, face the same gamble, when turning left onto Highland, from eastbound Highland traffic.

In short, what looks like a clear roadway immediately before entering the intersection, rarely is when you actually enter it from Cloverhill and begin your turn onto Highland Avenue.

I travel on these roadways and use this intersection at least twice a day, every day, occasionally more often.

This intersection is the primary access point for traveling to and from my home. It' s a bit of a " gauntlet" at times.

I support the recommendation in order to improve traffic safety. -16-
Relying upon the same sightline analysis, I further support this recommendation in order to support pedestrian crossing safety as this intersection is often used a school bus stop.

Thank you for your consideration of my comments.

Please feel free to contact me directly with any questions or concerns. s/
S. Mark Strain
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Betty Hughes
From: robert patterson
Sent: Thursday, December 30, 2021 9: 40 AM
To: Public Comment
Subject: Much needed 4way stop and cross walks
EXTERNAL EMAIL: Do not click on links or open attachments unless you know the content is safe.

Thank you for finally making it safer to walk and riding bicycles in east Highland.

We also need to add more designated cross walks on Baseline between Church and Webster. -18-
Betty Hughes
From: robert patterson
Sent: Thursday, December 30, 2021 9: 50 AM
To: Public Comment
Subject: Sorry didn' t provide addres
EXTERNAL EMAIL: Do not click on links or open attachments unless you know the content is safe.

I just sent the email thanking the work to add stop signs and crosswalks on Highland.

But also we need to add designated cross walks on Baseline between Church and Webster.

My address is Highland, CA 92346.

Thank you!
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Betty Hughes
From: Tiffany Micheals
Sent: Thursday, December 30, 2021 12: 33 PM
To: Public Comment
Subject: Stop sign at Highland and Cloverhill
EXTERNAL EMAIL: Do not click on links or open attachments unless you know the content is safe.

To whom it may concern.

My name is Tiffany Micheals. I reside with my husband and son at iighland, CA 92346.

I am writing to express that we are absolutely in favor of a stop sign and cross walk being placed at the very dangerous intersection of Highland and Cloverhill.

We have lived here for 15 years and often take our son and dog to the lake and play area. Crossing the street without a cross walk or stop sign is very dangerous and there have been multiple occasions where cars have sped past us and not even attempted to stop. I also believe it will aid in reducing the fast speed in which drivers travel on Highland, which will hopefully reduce the amount of accidents that take place there.

I would like to commend my neighbor, Dave Saran, for his tireless efforts to keep our community safe and a wonderful place to live. Every community would benefit with more members like him.

You may contact me at should you require any further information.

Warm regards,
Tiffany Micheals
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Be ty Hughes
From: Elaine Mesa
Sent: Saturday, January 1, 2022 5:41 PM
To: Public Comment
Cc:

Subject: Cloverhill & Highland/ January 11th meeting
EXTERNAL EMAIL: Do not click on links or open attachments unless you know the content is safe.

City of Highland,
We are residents in the East Highland Ranch Community and are in support of the proposed 2- Way STOP to a 4-Way STOP with marked crosswalks and signage in all directions on the intersection of Cloverhill and Highland Avenue. This would allow for a safer crossing for the many residents who frequently walk and ride bikes in our active community.

Thank you,
Elaine & Tony Mesa
Highland, CA 92346
I
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STAFF REPORT

TO THE CITY COUNCIL
DATE: January 11, 2022
FROM: Joseph A. Hughes, City Manager
PREPARED BY: Lawrence A. Mainez, Community Development Director SUBJECT: Memorandum of Understanding ( MOU) referencing Planning and Funding of the Santa Ana Wash Wildland Trails
between the City of Highland, the City of Redlands, and the San Bernardino Valley Water Conservation District.

RECOMMENDATION: Staff recommends the City Council authorize the Mayor to execute the Santa Ana Wash Plan Wildland Trails MOU
upon the City Attorney' s final review and approval, and after consideration of any non -substantive changes that may be made by the City of Redlands.

FISCAL IMPACT: There are no General Fund resources contemplated for the construction or operations of trails within the Upper Santa Ana River Wash Plan. The subject MOU specifies funding contributions from the San Bernardino Valley Water Conservation District and from the mining operators through their respective Conditional Use Permits for areas permitted for mining under the Wash Plan ( Robertson' s Ready - Mix CUP- 007- 004, Condition No. 26, and CEMEX CUP- 007- 005, Condition No. 25). The trails infrastructure improvement costs are estimated to be $ 200, 000. 00, and the annual operating and maintenance costs is estimated to be $ 84, 000. 00.

BACKGROUND: As City Council is aware, since the mid- 1990s the City of Highland has been working with the San Bernardino Valley Water Conservation District Conservation District") on the Upper Santa Ana River Wash Habitat Conservation Plan Wash Plan HCP).

Motion
Ayes
Noes
Abstain
Absent
City Clerk
Second
City
Agenda Item No. Z_
File No.
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City Council Meeting of
January 11, 2022
Wash Plan Wildland Trails - MOU
The Wash Plan HCP is a regional land use concept that permits and relocates a series of sand and gravel mining lease areas to locations adjacent to existing mining, and creates a habitat preserve per the requirement of these permits for a number of regional land use projects, called " Covered Activities". The Wash Plan HCP has received federal approval and is in process for permits from the California Department of Fish and Wildlife. The Conservation District is implementing the Wash Plan HCP to allow development, expansion, and maintenance of facilities for both municipal and commercial entities within the Wash, including those of the City, while providing protected habitat for multiple Federal and State protected species that are found within the Wash.

The 4, 500- acre Santa Ana River Wash, including the approximately 1, 600 acres of preserve lands, provides a large, unique open space area supporting both natural habitat and recreational opportunities to residents of the rapidly urbanizing East Valley.

One of the Wash Plan HCP " Covered Activities" is the development of a wildland trails system for pedestrians, and cyclists within the Wash Plan Preserve located north of the Santa Ana River, on lands primarily owned by the District, within the Cities of Highland and Redlands. Additionally, the Cities of Highland and Redlands have Covered Activities which provide paved trails in the Wash Plan area along existing roadways.

Towards that end, the Conservation District in November 2016 approved the Wash Plan Trails Master Plan (" Trails Plan"), which describes a network of expanded trails and recreational opportunities, including:

The addition of approximately twenty- three ( 23) miles of trails, including Class 1, 1- B, 2 and 4 segments, joining the existing trail networks in Highland and Redlands, and further defined in the following manner.
a. Seven ( 7) miles of wildland trails on existing, unpaved access roads.
b. Thirteen ( 13) miles of paved trails, to be developed by Highland, Redlands, the Conservation District, and perhaps other entities within existing or future public rights of way.
c. Approximately two and one half (2. 5) miles of trails on existing and legally accessible public ROW ( e. g., bike lanes on paved roadways).
d. A potential trail segment across the Santa Ana river.

Up to this date, both the Cities of Highland and Redlands have supported development of the wildland trail system described in the Trails Plan to augment existing trail systems for residents and visitors.
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City Council Meeting of
January 11, 2022
Wash Plan Wildland Trails - MOU
The District' s implementation of the Wash Plan HCP is now proceeding to a point where trails development can begin. Towards that end, the District has prepared, and City staff and City Attorney have reviewed, a " Memorandum of Understanding Regarding Planning and Funding for the Santa Ana Wash Wildland Trails" ("Trails MOU"), which is now submitted to City Council for its review and approval. The same Trails MOU document will be considered and is expected to be approved by the City of Redlands City Council in February.

The subject Trails MOU focuses on the wildland trails portion of the Trails Plan Facilities which fall on District property, and is proposed with a twenty ( 20) year term, and defines the respective parties' roles in permitting and allowing public access to the wildland trails over time. It designates the Conservation District as the lead agency for any environmental review or permitting that may be required apart from that already completed for the Wash Plan HCP, as well as the lead implementing and operating agency for the wildland trails. As noted in the Fiscal Impact section above, the MOU specifies funding contributions, including a one-third share contribution from the District and one-third each contributions from each City through enforcement of their approved CUPs for areas permitted for mining under the Wash Plan HCP. The following is the mining operators Conditional Use Permit Condition/ CEQA Mitigation Measure related to their responsibility to fund the maintenance of trails within the Wash Plan ( Robertson' s Ready -Mix CUP- 007- 004, Condition No. 26, and CEMEX CUP- 007- 005, Condition No. 25).

MMP REC- 01, REC-02, and REC- 03) Prior to any grading, RRM/CEMEX, as part of the Wash Task Force, shall participate in the implementation of a trail program within the Planning Area in the following manner. a. RRM/CEMEX, as part of the Wash Task Force, shall submit its fair share amount at a time agreed upon by the Wash Task Force, and the City, to the City of Highland for the maintenance of trails within the Planning Area as set forth in the Trails Master Plan to be developed as part of implementation of a Habitat Conservation Plan for the Planning Area.

The amount of the cash deposit will be determined by an implementation program outlined with the Trails Master Plan for the Planning Area. b. RRM/ CEMEX, as part of the Wash Task Force, shall submit its fair share amount at the time agreed upon by the Wash Task Force and the City, to the City of Highland for the exclusive use of trails education and outreach programs for the Planning Area. The education outreach program shall focus on litter and pet waste and include, but not be limited to the following elements: advertising, community outreach, strategic partnerships, media, youth education, and business and stakeholder outreach. "
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City Council Meeting of
January 11, 2022
Wash Plan Wildland Trails - MOU
In other words, there will be no City General Funds used for the construction or maintenance of the wildland trails within the Upper Santa Ana River Wash Habitat Conservation Plan.

The subject MOU also creates a three -member Trails Oversight Committee, consisting of one representative from each of the parties, to guide maintenance and operations issues, and to help coordinate potential future integration of trails with other regional public recreational facilities, as those develop over time.

City staff has reviewed and commented upon the draft MOU, and its suggestions have been incorporated into the document for approval. Comments from City staff and the City Attorney focused on ensuring the City of Highland was not responsible for on -going funding, and to re-emphasize that the District and mining operators ( CEMEX and Robertson' s Ready Mix) are the parties responsible for the establishment and long-term maintenance funding of applicable trails in the Wash Plan HCP.

Representatives from the Conservation District will be available at the meeting to answer any questions.

ATTACHMENT 1: Memorandum of Understanding Regarding Planning of Santa Ana Wash Wildland Trails by and between the City of Highland and the City of Redlands, and the San Bernardino Valley Water District. 4 -4-
ATTACHMENT 1
Memorandum of Understanding referencing Planning and Funding of Santa Ana Wash Wildland Trails by and between the City of Highland, the City of Redlands, and the San Bernardino Valley Water Conservation District
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Memorandum of Understanding Regarding Planning and Funding of Santa Ana Wash Wildland Trails
by and between the City of Highland, the City of Redlands, and the San Bernardino Valley Water Conservation District

RECITALS
This " MEMORANDUM OF UNDERSTANDING REGARDING PLANNING AND FUNDING OF SANTA ANA WASH WILDLAND TRAILS" (" MOU") is entered into this day of 2022, by and between the CITY OF HIGHLAND, (" Highland"), the CITY OF REDLANDS Redlands"), and the SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT District"). Highland and Redlands are sometimes referred to collectively hereunder as " Cities" and Highland, Redlands and District are referred to collectively as " the Parties." This MOU is entered into in consideration of all the following:

RECITALS:

WHEREAS, Cities are both municipal corporations, and general law cities in the State of California. As such, Cities have the statutory authority to set aside, improve, operate, and maintain property for public recreational purposes, including trails. This authority draws from, inter alia, Government code section 66477, and common law municipal powers.

WHEREAS, District is a California Water Conservation District duly formed and existing under Water Code sections 74000 et seq. District has as its primary purpose the capture, spread, and recharge of water, both native and imported, over groundwater recharge facilities it owns, operates, and leases, and the stewardship of lands for compatible water supply and quality, mineral production, and the preservation of sensitive habitats.

WHEREAS, District owns substantial holdings of land within the Santa Ana River Wash. The 4, 500- acre Santa Ana River Wash provides a large, unique open space area supporting both natural habitat and recreational opportunities to residents of the rapidly urbanizing East Valley. The District has initiated, and is now implementing, the Upper Santa Ana River Wash Habitat Conservation Plan (" Wash Plan") to allow development, expansion, and maintenance of facilities for both municipal and commercial entities within the Wash, including those of the District and Cities, while providing protected habitat for multiple Federal and State protected species that are found within the Wash. District has obtained an Incidental Take Permit for the Wash Plan, which includes as one of the covered activities the establishment of trails.

WHEREAS, The Trust for Public Lands (" TFPL") recommends that parks, trails, and other outdoor recreational amenities be sited to maximize the number of community members living ten minutes or less away, by foot. With currently available trails, TFPL shows that 26% of Highland residents are within a ten- minute walk while 51 % of Redlands residents are within a 10- minute walk.
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WHEREAS, the Parties, in collaboration with each other, formulated the Wash Plan Trails Master Plan ( November 2016) ( which was approved by the City of Highland Community Trails Committee) (" Trails Plan") to combine the Cities' legal authority to establish trails, with the District' s land and conservation area management authority and existing permits, in order to expand public recreational trails as part of the long-term land uses for the Santa Ana River Wash.

The Trails Plan is incorporated into, and was reviewed with the same EIR/ EIS, as the Wash Plan.

The Trails Plan describes a paved and unpaved trail system for pedestrians, street cyclists, mountain bikers and equestrian users within and adjacent to the Wash Plan Preserve located north ofthe Santa Ana River, within the jurisdictional boundaries ofthe Cities.

WHEREAS, implementation of the Trails Master Plan would substantially expand and improve the scope and range of recreational opportunities available in the Wash Plan area, and extend to all residents of the region the economic, educational, health, heritage, transportation, community involvement, and quality of life benefits that such trail systems can provide. Specifically, the Trails Master Plan proposes an interconnected system of 23. 1 miles of trails, including Class 1, 1- B, 2 and 4 segments, to the existing trail networks in Highlands and Redlands.

A map of such proposed trails from the Trails Plan is attached as Exhibit "A." These trails would provide legal access for pedestrians, street cyclists, mountain bikers and equestrian users within and adjacent to the Wash Plan Preserve. Approximately 2. 5 miles of trails are already built and legally accessible via public rights of way ( e. g. bike lanes on paved roadways), 7 miles of trails would be opened along existing, unpaved access roads, and an additional 13 miles of paved trails would be developed by Highland, Redlands, San Bernardino County Transportation Authority, or other entities within existing or future public rights of way.

WHEREAS, some funding for the realization of the Trails Plan is already in place, and some is the subject of existing funding commitments, that have come from issuance of conditional use permits for mining activities under the Wash Plan, or from conditions of approval from other discretionary permits previously issued by the Cities, or others. However, such funding is not currently expected to be sufficient to cover all expected right of way, construction, and maintenance and operation costs of the trails network, as envisioned in the Trails Plan.

WHEREAS, the Parties therefore now wish to collaborate on the final design, implementation, funding, and operation and maintenance of that portion of the trails system proposed in the Trails Plan located upon property owned by the District, or owned by the BLM but over which the District has rights including trail establishment and maintenance. These trails include Borrow Pit South, Cone Camp Road, Old Rail Line, Pole Line, and Weaver, as identified in the Trails Plan (" MOU Trails"). Such MOU Trails consist of 7. 3 miles of trails, and are depicted on Exhibit `B." The Parties therefore enter this MOU to define their respective roles and responsibilities, and assure the cooperative development of a regional recreational resource for trails activity in the Santa Ana River Wash area.

NOW, THEREFORE, in consideration of all the foregoing, it is agreed among the Parties as follows:
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1. Recitals.

The recitals set forth above are true and correct and incorporated herein.

2. Term.

This MOU shall have a term of twenty (20) years from the date on which the last party executes this MOU, unless earlier terminated as set forth herein. This MOU may be extended by the Parties for up to two ( 2) subsequent five (5) year periods, pursuant to written amendment signed by all parties. Any party may terminate its participation in this MOU by providing the other Parties with one hundred eighty ( 180) days' written notice, provided, however, that termination of this MOU shall not terminate any trail funding or operating agreements the Parties, or any of them, may have entered into as of the date this MOU itself is terminated, and any such agreements shall be governed by their own termination provisions, ifany. To clarify, a party' s termination ofthe MOU shall terminate that party' s funding agreement set forth in this MOU, but shall not automatically terminate any separately executed trail funding or operating agreements that the party entered into.

3. Trails Master Plan Implementation.

3. 1 Role of the Parties in Trails Plan Implementation, and Trails Establishment.

The Parties intend to proceed immediately with implementation ofthe MOU Trails portion of the Trails Plan. This will require the establishment of trails by the respective Cities within their own jurisdictional boundaries, in part on property that will be made available for such purposes by the District. Cities shall be solely responsible for planning, permitting, construction, and implementation of the trail segments located on existing public right of way, with the exception of permits associated with Wash Plan Covered Activities, which are being pursued by the District on behalf of the Wash Plan Task Force. For MOU Trails, District will ( 1) contribute land and appropriate public access rights, ( 2) provide the permitting from any third -party agency not a party to this Agreement required for the establishment and operation of MOU Trails, (3) assist with funding for the establishment ofMOU Trails, and ( 4) assist in MOU Trails operations and maintenance oversight. District will develop, update, and make available to Cities a GIS-based trail mapping system, with appropriate parcel information, so Cities can integrate such MOU Trails mapping with their own property and parcel map information, and so Cities can assess any third -party rights of way, or additional permitting, that may be needed for trails or MOU Trails implementation.

3. 2 Funding. Two thirds of the implementation costs for the MOU Trails will be provided by the Cities, and one third will come from the District. The Parties will, as needed, provide additional design of the trails and any appurtenances or attendant improvements, and shall update cost estimates as may be appropriate for the costs listed in the Trails Plan for the contemplated trails 159/ 015042-0001
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facilities, from which the Parties will establish a budget and work plan for the MOU Trails implementation. Unless the Cities obtain grant funds or endowments to fund the MOU Trails, the Cities' contribution will be solely funded from those payments and deposits the Cities required be paid by holders of conditional use permits for mining activities, which funds were made a condition of approval for the purpose of development, implementation, and maintenance of trails or other public recreational activities. For the City of Highland, this was done by way of Conditional Use Permit CUP- 007- 004 (Robertson' s Ready Mix) and CUP- 007-005 Cemex). The Cities shall provide an accounting of all such funds, and the District will identify funding it has available to contribute to establishment of MOU Trails and appropriate MOU Trails appurtenances and improvements. The Parties may consider potential pooling of such funds into a single account for ease of coordination and administration of the MOU Trails.

3. 3 CEQA and Other Environmental Review. The Parties understand and expect that the MOU Trails contemplated by the Trails Plan have been environmentally reviewed and approved in connection with the Incidental Take Permit obtained by the Wash Plan, and apart from certification that no additional environmental review is required under 14 CCR section 15162, and do not anticipate that additional environmental review will be necessary for MOU Trails implementation. To the extent that additional review or permitting may become necessary, however, the District shall undertake lead agency responsibilities for any such additional CEQA or other environmental review for MOU Trails, unless one of the Cities requests to do so, based upon the location of the MOU Trail within their respective jurisdictions. To the extent such additional environmental processing is undertaken by the District, the Cities shall each reimburse the District for one third of such costs, either through direct invoicing, or as Issuance Costs under the Wash Plan MOU in connection with the development of the MOU Trails as a Covered Activity under the Wash Plan, provided that Highland' s MOU Trials costs shall not exceed the funds it collects from Cemex and Robertson' s Ready Mix pursuant to the conditional use permits referenced above. For any required future permits, the Parties presently contemplate that District will be the lead agency in connection with preparing, presenting, and procuring of such permits to completion, but agree that they will prospectively determine, on a case -by -case basis, which party is most appropriate for any given specific MOU Trails implementing project, based on its scope, timing, and staffing and budgetary matters. To the extent either of the Cities is the permitting authority for such permits, the applicable municipality shall be the applicant, and shall not charge District application, hearing, or process fees in connection with pursuit or issuance ofthe permit.

4. Individual Trails Project Approval Procedures.
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Prior to construction of any of the MOU Trails included in the Trails Plan, to the extent any such construction is required, and to the extent not already approved by the Cities' approval ofthe Trails Plan, all MOU Trail and appurtenant facilities must be approved by Redlands or Highland, depending upon whose jurisdictional boundaries the proposed project lies within. For projects that lie within both, the approval of both Cites shall be required. Such approvals shall be presented to the City Council of each of the respective Cities for consideration as a City -initiated application, and District shall not be responsible for payment of any application fees, hearing costs, or other costs ordinarily incidental to whatever form such approval usually takes under the procedures of the applicable municipality.

5. Trail Operation and Maintenance Responsibilities.

For those Trails Plan trails located within existing streets or other dedicated public rights of way e.g., the Alabama Street Trail, Greenspot Road Trail, and Boulder Avenue/Orange Street Trail) the municipality having jurisdiction over the portion of the public right of way in which the trail is situated shall assume all costs and responsibility for trail operation, monitoring, oversight, signage, and maintenance. Such activity will be performed by the municipality in conjunction with its other street or public right of way responsibilities, with such eligible funding as the Cities may have to devote to such purposes, including potentially grants or endowment funds. For the MOU Trails, the Cities hereby contract with District as their agent for trail operation, monitoring, oversight, signage, and maintenance, and District shall assume responsibility therefor. The District shall pay for one third of the annual cost of MOU Trail maintenance activities, provided that the remaining two thirds is paid to the District by Robertson' s Ready Mix and CEMEX under the terms of their existing Conditional Use Permits for mining, or paid by the Cities from deposits previously made by such parties. The District shall prepare an annual budget in accordance with the Wash Plan Wildland Trails Masterplan for review by all Parties, and such budget shall be invoiced by the District to the Mining entities unless any party objects or requests modification.

Such changes may be moderated by the Oversight Committee ( as defined in Section 6). The District will be responsible for patrol and monitoring of all MOU Trails located on District -owned or operated lands, and will establish a procedure to coordinate enforcement activity on trails with the public safety or police/fire services of the Cities, to ensure safety, and to enforce applicable laws and ordinances on District - owned and operated lands.

6. Trails Oversight Committee.

Each ofthe Parties shall appoint one staff member representative to a Trails Oversight Committee.

The Trails Oversight Committee shall coordinate, promulgate rules and regulations for trails usage, and shall review the proposed annual budget for trails maintenance and operation if an objection is raised. It shall also address operational issues or coordination among the Parties. The Oversight Committee will coordinate on efforts needed to establish new trail facilities, make recommendations for public outreach or educational opportunities in connection with trails, promote trail use and safety, seek additional grant or other funding for trail maintenance and operation, consistent with the Trails Plan. The Trails Oversight Committee shall meet at least 159/ 015042-0001
15125770.3 a01/ 04/ 22 5 of 9
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annually, and the notices for such meetings, calendaring, preparation of agenda topics, and meeting venue shall be provided by the District. The Trails Oversight Committee shall have decision - making authority for trails maintenance and operational issues, and may make recommendations to the legislative bodies of any or all parties, and shall serve as a discussion forum among the Parties for trails establishment, management and use. Notwithstanding the foregoing, the final decision -making authority as to how each party funds its share of costs, shall rest with the governing body of that party. The Trails Oversight Committee shall not commit any party to expend any additional funds than what is set forth in this MOU.

7. Expansion of Trails Amenities.

The Parties intend that the Trails Plan serve as a foundational network for recreational trails in the Wash Plan area. The Parties shall jointly, and overtime, pursue a strategy for exploring expansion of trail amenities supporting the Trails Plan trail network to include trailhead, parking and other amenities, provided that no such amenity shall harm or threaten the Wash Plan Preserve, or the Wash Plan Conservation Strategy, under the Wash Plan HCP and its implementing permits and agreements. The Parties, through the Trails Oversight Committee will explore partnership opportunities for trails with other public and private agencies, assess the supporting facilities necessary or convenient to support the active and safe use of all regional trails, and generate cost estimates and feasibility analyses for project to expand the scope, geographic extent, and level of use of trails. The Committee shall also assess the funding sources available for, or able to be committed to, implementation of such new trails or other facilities, and formulate plans for pursuing such grant or other funding that may be available for such uses.

8. Indemnification.

Each party shall, at is sole cost and expense, defend, hold harmless, and indemnify the others and their elected officials, officers, agents, employees, volunteers, successors, assigns and those agents serving as independent contractors in the role ofpublic officials ( collectively " Indemnitees"), from and against any and all claims, demands, damages, costs, expenses, or liability, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all foreseeable consequential damages ( collectively " Liabilities) in law or equity, whether actual, alleged or threatened, which are determined to arise out of, pertain to, or relate to the acts or omissions of indemnifying party, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees ( or any entity or individual that indemnifying party shall bear the legal liability thereof) in the performance of this Agreement. Indemnifying party shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel approved by the Indemnitee, and shall pay, proportionate to the indemnifying party' s liability, all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. The indemnifying party shall reimburse the Indemnitees for such proportionate share of any and all legal expenses and costs incurred by Indemnitees in connection therewith.
159 015042- 0001
15125770. 3 a01/ 04/ 22 6 of 9
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9. No Implied Covenants.

The Parties acknowledge and agree that except as specifically agreed in this MOU, no implied covenants attach to this MOU. Nothing set forth herein shall be deemed to bind any party' s legislative body to approve any specific trail facility or implementing agreement. Each party retains the sole discretion to authorize the use of its own funding or other resources in connection with the planning, construction, and maintenance and operation ofpublic recreational trails.

10. Assignment.

This MOU may not be assigned by any party without the written consent of the other Parties.

11. Jurisdiction.

This MOU shall be governed by the laws of the State of California. If a court of competent jurisdiction declares any portion of this MOU invalid, illegal, or otherwise unenforceable, the remaining provisions shall continue in full force and effect, to the extent possible consistent with the finding of invalidity. Any dispute or action to enforce any obligation under this MOU shall be filed and resolved in a Superior Court in San Bernardino County, California. In the event of litigation arising from this MOU, each party to the MOU shall bear its own costs, including attorneys' fees.

12. Signatures.

This MOU may be signed in counterparts, each of which shall constitute an original, and such counterparts shall together constitute one and the same agreement. The Parties shall be entitled to sign and transmit an electronic signature of this MOU (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein.

Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed MOU upon request.

13. Amendments; Entire Agreement.

Any amendment to this MOU shall be set forth in a writing signed by all Parties. This MOU contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all other prior negotiations, understandings or contracts.

IN WITNESS WHEREOF, the Parties have caused this MOU to be executed by their duly authorized officers or representatives as ofthe day and year first written above. 159/015042- 0001
15125770.3 a01! 04i22 7 of 9
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CITY OF HIGHLAND (" HIGHLAND")
By:

Mayor
APPROVED AS TO LEGAL FORM:

By:

City Attorney
CITY OF REDLANDS (" REDLANDS")
By:

Mayor
APPROVED AS TO LEGAL FORM:

By:

City Attorney

SAN BERNARDINO VALLEY WATER
CONSERVATION DISTRICT (" DISTRICT")
By:

President, Board of Directors
159/ 015042- 0001
15125770. 3 a0l/ 04/ 22 8 of 9
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APPROVED AS TO LEGAL FORM:

By:

General Counsel
159/ 015042- 0001
15125770. 3 a01/ 04/ 22 9 of 9
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STAFF REPORT

TO THE CITY COUNCIL
DATE: January 11, 2022
FROM: Joseph A. Hughes, City Manager
REVIEWED BY: Lawrence A. Mainez, Community Development Director & Kim Stater, Assistant Community Development Director
PREPARED BY: Ash Syed, Associate PlaannY—
SUBJECT: General Plan Amendment ( GPA 21- 002) to delete General Plan Town Center Policy No. 2. 10. 10, thereby removing a prohibition of freestanding drive-thru commercial structures and convenience uses in the Policy Area.

LOCATION: Town Center Community Policy Area generally located along Base Line, between Cole Avenue and the 210 Freeway, and adjacent portions of Palm and Church Avenues. Assessor's Parcel Numbers:
1191- 501- 06, - 57, - 78 - 83, - 84,
1192- 421- 23, - 01, - 02, - 03, - 04, - 05, - 06, - 07, 1200- 381- 05, - 40, - 41, - 42, - 43,
1200- 421- 33, - 02, - 03
1201- 011- 24, - 01, - 08, - 23,
1201- 051- 14, - 16, - 17,
APPLICANT: Woodcrest Real Estate Ventures
RECOMMENDATION: The Planning Commission recommends the City Council

1. Adopt City Council Resolution No. 2022 — , approving General Plan Amendment ( GPA 21- 002), and certifying
the associated Mitigated Negative Declaration ( ENV 21- 003), and direct staff to file a Notice of Determination with the County Clerk of the Board.

Approved Motion Second Agenda
Item No. 13
Denied Ayes
Noes File No.

Continue Abstain
Absent
City Clerk City Manage
-1-
City Council Meeting of January 11, 2022
FISCAL IMPACT: The Applicant submitted the required deposit fee for processing the General Plan Amendment. Staff time spent working on the application will be charged to this deposit.

PUBLIC NOTICE: As required by City Council Resolution, notice of the public hearing was posted at the City' s three designated posting locations. The notice was posted on the City' s website, mailed to property owners within 300 feet of the project site and to parties requesting notice. The notice was published in the Highland Community News on December 31, 2021. Notices were also mailed to all properties located within the Town Center Area, informing the property owners of the General Plan Amendment.

DESCRIPTION OF THE SITE: The Town Center Area is a section of Base Line that spans from the 210 freeway to Cole Avenue. It includes a variety of parcels that are zoned primarily for Mixed -Use developments, with a few parcels zoned for Public/Quasi-Public uses (Exhibit A — Town Center Area Map).

Surrounding Land Uses
North: Residential uses
South: Residential uses
East: Commercial uses
West: Commercial uses
BACKGROUND:

On May 17, 2021, the Applicant, Woodcrest Real Estate Ventures, submitted entitlement applications, which included a Conditional Use Permit ( CUP 21- 006), Design Review Application ( DRA 21- 004), and Tentative Parcel Map ( TPM 21- 001) for a Mixed -Use development consisting of three ( 3) commercial tenant buildings, two ( 2) restaurant buildings, and a multi -family residential use on approximately 9. 06 acres at the northwest corner of Base Line and Church Avenue. The Applicant also applied for a General Plan Amendment, proposing the removal of the restriction on drive-thru uses within the General Plan Land Use Element, Town Center Community Policy Area.

On December 7, 2021, the Planning Commission reviewed the proposed project and adopted Resolution No. 2021- 022, approving: A) Tentative Parcel Map (TPM 21- 001), to subdivide the two ( 2) existing parcels into seven ( 7) new parcels, B) Conditional Use Permit ( CUP 21- 006), to entitle the development for three ( 3) commercial tenant buildings, two ( 2) restaurant buildings, and a multi -family residential use, and C) Design Review Application ( DRA 21- 004) for the construction and design elements pertaining to a Tractor Supply Company store, the primary tenant on the site, all contingent upon the City Council' s approval of General Plan Amendment ( GPA 21- 002) to allow drive- thru facilities within the Towne Center Policy Area.
-2-
City Council Meeting of January 11, 2022
RELATED ENTITLEMENTS:

The Planning Commission approved the Project's Conditional Use Permit (CUP 21- 006), Design Review Application ( DRA 21- 004), and Tentative Parcel Map ( TPM 21- 001). A description of the Project has been provided below for background information only.

The layout of the site will feature the 18, 800 square foot Tractor Supply Company building toward the center of the site with a designated parking area along the building frontage.

At the southeast corner of the site are two (2) proposed drive-thru restaurants and a 3, 175 square foot retail commercial building, each with designated spaces within a shared parking field that is accessible from the internal drive aisle to -be constructed off Church Avenue. The northeast corner for the site features a 27, 000 square foot commercial building for retail users with a designated parking field along the eastern and southern frontage. The residential portion of this Mixed Use development is toward the northwest corner and features an apartment complex with communal parking along the northern boundary of the site. Each building within the proposed development, both residential and commercial, is in compliance with the Highland Municipal Code ( Chapter 16. 22, Mixed Use District) with regard to front, interior side, street side, and rear setback requirements Exhibit B — Project Plans).

As aforementioned, the development of this site will occur in four (4) separate phases: 1) Tractor Supply Company, 2) Parcel R1, 3) Parcel C2, 4) Parcels C3, C4 and C5. The first phase of the project is regarding the construction of an 18, 800 sq ft one- story commercial retail building, Tractor Supply Company. Adjacent to the west side of the building will be approximately 19, 800 sq ft of ancillary space to be utilized for gardening supplies and additional outdoor displays. This outdoor area will be divided into a 12, 100 sq ft fenced - in general storage area, a 3, 300 sq ft animal feed and storage enclosure, and a 4, 400 sq ft fenced in greenhouse. Located outside the Tractor Supply Company building and between the store entrance and parking lot will be an additional 7, 300 sq ft outdoor display area. This space features 4, 300 sq ft of permanent sidewalk display area that include plants, ATV' s, pedal cars, paddle boats, potting soil, and various seasonal items on sale.

The remaining 3, 000 sq ft will be used for the display of various flatbed utility trailers.

The Tractor Supply Company building is visible to the general public from all directions.

The Planning Commission had several directives to improve the elevation, however the plans attached to this report have not been updated ( Exhibit C — Building Elevations).

GENERAL PLAN AMENDMENT APPLICATION:

The General Plan ( Land Use Element, Goal 2. 10, Town Center Policy No. 10) prohibits the approval of commercial uses with drive- thru facilities and drive- thru style restaurants as the vision for this portion of the City is aimed toward walk-in style stores and sit down restaurants. However, as times evolve and faster pace curbside pick-up services and to - go style eateries have become the norm, the Applicant has proposed a General Plan Amendment to remove this Policy. Currently, Policy No. 10 states that within the Town Center Area, the City shall "prohibit freestanding drive -through commercial structures and -3-
City Council Meeting of January 11, 2022
convenience commercial uses, except at the major intersection of Palm Avenue and Base Line". By removing the policy entirely, the number of potential eateries and restaurants chains willing to expand and open locations along Base Line will greatly increase, in addition to allowing the two drive-thru restaurants proposed as part of this Mixed -Use project.

Removal of the policy will affect all properties in the Policy Area, including those fronting Base Line between Cole Avenue and the 210 freeway ( as illustrated in Exhibit A).

Approving this Amendment will also create a General Plan Consistency for the existing Popeye' s, Starbucks, and 76 Gas Station also located within the Policy Area.

ENVIRONMENTAL REVIEW: The General Plan Town Center Area' s restriction on DriveThru Restaurants is not for the purpose of mitigating an environmental effect, but to support the vision for this portion of the City to be aimed toward walk-in style stores and sit down restaurants. Thus, the General Plan Amendment will not trigger any detrimental environmental effect. Aside from this amendment, the other proposed uses are consistent with the General Plan Town Center Area. No additional mitigation is required beyond the applicable processing, entitlement, and possible conditions associated with the General Plan Amendment.

PUBLIC COMMENT: At the time of preparing this staff report, Staff received two ( 2) comment letters from surrounding property owners in response to the Project Notice.

Exhibit C — Comment Letters). Both comment letters expressed general concern regarding privacy, noise, and traffic. A thorough analysis of the impacts was completed during the preparation of the Mitigated Negative Declaration for this project. The City included specific mitigation measures in the Mitigation Monitoring and Reporting Program to address these concerns such as the constructing six ( 6) foot tall block walls along the northern and western property boundaries to maintain the privacy of adjacent neighbors and reducing excessive sound production from the commercial properties and internal roadways. Additionally, concerns regarding increased vehicular traffic on Church Avenue and Foster Avenue will be mitigated with the dedication of specific right/thru and left turn lanes along both roadways, as discussed. No environmental impact will be created as a result of the City Council amending the General Plan Policy.

CONCLUSION: The Planning Commission recommends the City Council approve General Plan Amendment ( GPA 21- 002), removing Land Use Element, Goal 2. 10, Town Center Policy No. 10, " prohibit freestanding drive -through commercial structures and convenience commercial uses, except at the major intersection of Palm Avenue and Base Line", thus permitting drive-thru uses within the General Plan Town Center Policy Area.

EXHIBITS:

A) Town Center Area Map
B) Project Plans ( Conditional Approval by the Planning Commission on December 7, 2021)
C) Comment Letters
-4-
City Council Meeting of January 11, 2022
ATTACHMENTS:
1) Initial Study / Mitigated Negative Declaration
2) Mitigation Monitoring & Reporting Program ( ENV 21- 003) 3) Draft Planning Commission Minutes from December 7, 2021 Meeting 4) Planning Commission Resolution No. 2021- 022 ( Approved December 7, 2021)
5) City Council Resolution No. 2022 - for General Plan Amendment GPA 21- 002)
Exhibit 1: Proposed General Plan Amendment
-5-
Exhibit A:

Town Center Area Map
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Exhibit B:

Project Plans
Conditional Approval by the Planning
Commission on December 7, 2021)
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Exhibit C:

Comment Letters
-12-
City of Highland
27215 Base Line, Highland, CA. 92346
Phone: ( 909) 864- 8732, x 259 Fax: ( 909) 862- 3180
Contact: Salvador Quintanilla, Associate Planner, squintanilla( d_citvofhiahland. org Kim Stater, Assistant Community Development Director, kstater( acityofhighland. ora 1- 1 PROJECT NOTICE The
proposal listed below hag beenfiled with the City of Highland Planning Department. You are invited tocomment because you may own property or have aregulatory interest indevelopment inthe area. FILE/ INDEX: Design Review Application (DRA) No. 21- 004, General Plan Amendment ( GPA) No. 21- 002, Conditional Use Permit (CUP) No. 21- 006, Tentative Parcel Map No. (TPM) No. 21- 001 and Accessory Sign Review ( ASR) No. 21- 006 ( Sign Program) for Tractor Supply Shopping Center. APPLICANT:

Woodcrest Real Estate Ventures, Wade Wylie LOCATION:

NWC of Base Line and Church Avenue, Highland, CA. (APNs: 1200- 381- 05 & 1200- 341-08) PROPOSAL:

The Applicant isrequesting toestablish a Mixed - Use Development withinthe General Plan, Town Center Policy Area. The proposal includes theconstruction oftwo (2) retail buildings (one being a Tractor Supply), two (2) drive- thru restaurants, two (2) single homes, and a 21- unit multi -family residential complex.

The proposal also includes the subdivision oftwo (2) parcels into four (4) commercial parcels and three ( 3) residential parcels. Finally, the Applicant will establish a Sign Program forthe commercial shopping center.

The project site is located within two (2) vacant parcels of approximately9.06- acres. The project site is located north of Base Line and west of Church Avenue. COMMENTS
REGARDING DESIGN REVIEW NO.21- 004 ( TRACTOR SUPPLY SHOPPING CENTER): Your comments must be received by this office no later than August 4, 2021. Comments received after that date may not be considered inthe decision. If you have no comment, no reply is necessary. / 1 e Vr; Y b i oY 6 - 1 l
rti ail i vL ( 1 .I 1r G A u ' I ) V' V1-( / I i L' 1 J t ) lov- r / l Ki iI`. Vt SIGNATURE ( Location Map onreverse.) CITY OF

HIGHLAND
City of Highland - 71+
27215 Base Line, Highland, CA. 92346
Phone: ( 909) 864- 8732, x 259 Fax: ( 909) 862- 3180
Contact: Salvador Quintanilla, Associate Planner, sguintanilla(ccitvofhighland orp Kim Stater, Assistant Community Development Director, kstater0) citvofhighland. org

PROJECT NOTICE
The proposal listed below has been filed with the City of Highland Planning Department. You are invited to comment because you may own property or have a regulatory interest in development in the area.

FILE/ INDEX: Design Review Application (DRA) No. 21- 004, General Plan Amendment (GPA) No. 21- 002, Conditional Use Permit ( CUP) No. 21- 006, Tentative Parcel Map No. ( TPM) No. 21- 001 and Accessory Sign Review ( ASR) No. 21- 006 ( Sign Program) for Tractor Supply Shopping Center.

APPLICANT: Woodcrest Real Estate Ventures, Wade Wylie
LOCATION: NWC of Base Line and Church Avenue, Highland, CA. ( APNs: 1200- 381- 05 & 1200- 341- 08) PROPOSAL: The Applicant is requesting to establish a Mixed -Use Development within the General Plan, Town Center Policy Area. The proposal includes the construction of two (2) retail buildings (one being a Tractor Supply), two (2) drive-thru restaurants, two (2) single homes, and a 21- unit multi -family residential complex. The proposal also includes the subdivision of two (2) parcels into four (4) commercial parcels and three ( 3) residential parcels. Finally, the Applicant will establish a Sign Program for the commercial shopping center. The project site is located within two (2) vacant parcels of approximately 9.06-acres. The project site is located north of Base Line and west of Church Avenue.

COMMENTS REGARDING DESIGN REVIEW NO. 21- 004 ( TRACTOR SUPPLY SHOPPING CENTER):

Your comments must be received by this office no later than August 4, 2021. Comments received after that date may not be considered in the decision. If you have no comment, no reply is necessary.

PLEASE SEE ATTACHED

PRINTED NAME DATE
SIGNATURE ( Location Map on reverse.)
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Smart&Final
600 Citadel Drive I Commerce CA 90040
Casey Lynch
Director of Construction
0: 323- 869- 7923
C: 323- 793- 2514
Casey, Lynch@smartandfinal. com
July 23, 2021
City of Highland
Planning Department
27215 Base Line
Highland, CA 92346
909- 864- 8732 ext. 259
suintanilla@cityofhighland. org
Salvador Quintanilla, Associate Planner
RE: SMART & FINAL — COMMENTS OF ADJACENT DEVELOPMENT
741 HIGHLAND
27550 BASE LINE ST.

HIGHLAND, CA 92346
Mr. Quintanilla
I am sending you this letter in response to the attached project notice that was received by our office concerning Design Review 21- 004 ( Tractor Supply Shopping Center).

While we are excited to welcome new neighbors and the proposed development, we have concern for the safety and convenience for our customers and associates that will be utilizing Church Avenue to access our parking lot as well as the cascading affects to Baseline Street. Church Avenue is the premier intersection for both Smart & Final and the proposed development as it is the only signalized access to make a left turn. The proposed ingress/egress on Church Avenue is directly across from the ingress/ egress to Smart & Final, which is going to create a battle for our customers attempting to get into the southbound left turn lane to allow them to travel east on Baseline Avenue. This prevents a sizable portion of our customer base from conveniently driving east to their home, place of business, or accessing the freeway.

In reviewing the provided traffic study, there are recommendations to increase the number of left turn lanes on southbound Church Avenue to accommodate more traffic. While we agree that something needs to be done along Church Avenue, we are not in agreement that the proposed widening can be achieved nor are we in agreement that having an additional left turn lane will solve the issue. There is real concern the cars attempting to make a left onto Baseline Street will create gridlock for the new shopping center patrons attempting enter from Church Avenue and for our customers attempting to exit. It will also create a backup for northbound traffic on Church Avenue for that section has less than 200' feet from the intersection to be able to navigate, preventing access to either property.

Compounding this issue will be the proposed two drive thru buildings, which are assumed quick serve restaurants QSRs). Westbound traffic along Baseline Street will most likely see the highly visible buildings and signage for these establishments, turn into their first opportunity to access them along Church Avenue, and create more traffic to the -15-
aforementioned left turns to Church Avenue from Baseline Street. There is also risk associated with the singular vehicular access bottleneck to the drive thru area whereas any congestion attempting to access those restaurants could back up onto Church Avenue.

We implore the City to review alternative traffic ideas and site plans design, including but not limited to requiring an additional ingresslegress further north along the proposed development to offer patrons an alternative way to access the property and take pressure off the single entrance, requiring the proposed ingress/egress intersection along Church Avenue to be painted with a "KEEP CLEAR" designation, painting a turn median along Church Avenue to allow for stacking of left turn customers into the new development, modifying the access for the drive thru buildings, and so forth.

Thank you for taking our comments into consideration when reviewing the proposed development. I would appreciate that I be added to any future communication that is distributed regarding this development. I would appreciate a confirmation of this letter and comments at your earliest convenience.

Sincerely,
Casey Lynch
Director of Construction
Smart & Final Stores LLC
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Attachment 1:

Initial Study / Mitigated Negative Declaration
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CITY OF HIGHLAND
27215 Base Line, Highland, CA 92346
Telephone ( 909) 864- 6861 FAX: ( 909) 862- 3180

INITIAL STUDY

1. Case No: Conditional Use Permit ( CUP 21- 006), Design Review Application ( DRA 21- 004), Tentative Parcel Map ( TPM 21- 001), & Accessory Sign Review ( ASR 21- 006)
Project title: Tractor Supply Mixed Use Development

2. Lead agency: City of Highland, 27215 Base Line, Highland, CA 92346

3. Contact person: Ash Syed, Associate Planner
City of Highland, Community Development Department
27215 Base Line, Highland, CA 92346
Tel: ( 909) 864- 6861 Ext. 210

4. Project location: Northwest corner of Base Line and Church Avenue APN: 1200- 381- 05 and - 43)

5. Project applicant: Woodcrest Real Estate Ventures, Lauren Schulte

6. Description of project: See attached " Appendix A — Project Description

7. Present Land Use: Vacant Land

8. General Plan designation: Mixed Use / Low Density

9. Zoning: Mixed Use / R- 1

10. Is the proposed action a " project" as defined by CEQA? ( See Yes Z No Section 2. 6 of State CEQA Guidelines. If more than one project is present in the same area, cumulative impact
should be considered)

11. If "yes" on 10, does the project fall into any of the Emergency Yes No Z Projects listed in Section 15269 of the State CEQA
Guidelines?

12. If "no" on 10, does the project fall under any of the Ministerial Yes No Z Acts listed in Section 15268( b) of the State CEQA
Guidelines?
City of Highland - Initial Study 1 of 59 August 31, 2021 CUP 21- 006 DRA 21- 004
TPM 21- 001 ASR 21- 006
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CASE# CUP 21- 006, DRA 21- 004, TPM 21- 001, ASR 21- 006 Initial Study

13. If " no" on 12, does the project fall under any of the Statutory Yes No 0 Exemptions listed in Article 18 of the State CEQA
Guidelines?

14. If " no" on 13, does the project qualify for one of the Yes No 0 Categorical Exemptions listed in Article 19 of the State CEQA Guidelines? ( Where there is a reasonable probability that the activity will have a significant effect due to special circumstances, a categorical exemption does not apply).

15. Surrounding land uses and setting ( briefly describe the project's surroundings):

North: Residential, single- family dwellings
South: School, Church, and single- family residences.

East: Commercial Store ( Smart & Final)
West: Commercial Store ( Family Dollar) and single-family residences at N

16. Surrounding General Plan and Zoning:

North: LD & R- 1
South: P / MU & P/ Q / MU
East: MU & MU
West: MU / LID & MU / R1

17. Is the proposed project consistent with ( if answered " yes" or " n/ a", no explanation is required):

City of Highland General Plan
Applicable Specific Plan
City of Highland Zoning Code
South Coast Air Quality Management Plan
San Bernardino International Airport Master Plan
Other: East Highlands Ranch Planned Unit Development,
Development Standards Report
Yes No Q N/ A
Yes No N/ A Q
Yes ZNo N/ A
Yes No N/ A Q
Yes No N/ A Q
Yes No N/ A Q
City of Highland - Initial Study 2 of 59 August 31, 2021 -19-
CASE# CUP21- 006, DRA 21- 004, TPM21- 001, ASR 21- 006 Initial Study

18. Are any of the following studies required?
Soils Report Yes Z No
Slope Study Yes No Q
Geological Report Yes 0 No
Traffic Study Yes 0 No
Air Quality Study Yes 0 No
Greenhouse Gases Study Yes Q No
Hydrology Yes Z No
Sewer Study Yes No 0
Biological Study Yes Q No
Noise Study Yes Q No
Hazardous Materials Study Yes No Q
Housing Analysis Yes No Q
Archaeological Report Yes Q No
Groundwater Analysis Yes No 0
Water Quality Report Yes Q No
Other Yes No 0

19. Other public agencies whose approval is required ( e.g., permits, financing approval, or participation agreement). Only required at the time of development.

East Valley Water District;
Southern California Edison Company;
SoCal Gas Company;
San Bernardino City Unified School District;
Highland Fire Department;
City of Highland - Initial Study 3 of 59 August 31, 2021 -20-
CASE# CUP 21- 006, DRA 21- 004, TPM21- 001, ASR 21- 006 Initial Study Responses to:

INFORMATION SOURCES CITED: The documents below are cited or incorporated herein by reference and are available for review at the Planning Division' s Public Service Counter at Highland City Hall, located at 27215 Base Line, California.

1. Vehicle Miles Traveled Memorandum — May 3, 2021

2. Parking Memorandum — May 3, 2021

3. Traffic Impact Analysis — October 6, 2021

4. Air Quality Assessment — May 13, 2021

5. Greenhouse Gas Assessment — May 13, 2021

6. Noise Study — May 13, 2021

7. Geotechnical Investigation — January 15, 2021

8. Biological Resource Assessment — January 31, 2021

9. Phase I Cultural Resource assessment — April 30, 2021

10. Preliminary Water Quality Management Plan — April 15, 2021

11. Phase One Environmental Site Assessment — October 5, 2020 City of Highland - Initial Study 4 of 59 August 31, 2021 -21-
CASE# CUP 21- 006, DRA 21- 004, TPM21- 001, ASR 21- 006 Initial Study Attachment 1
Project Site and Vicinity

VICINITY MAP
w
z
w
Q

VILLA AVENUE U
w C
D
z
w
Q
SITE
a

BASE LINE STREET
N. T.S.

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CASE# CUP 21- 006, DRA 21- 004, TPM 21- 001, ASR 21- 006 Initial Study Attachment 2
Proposed Site Plan

ARCHITECTURAL SITE PLAN
A
City of Highland - Initial Study 6 of 59 August 31, 2021 -23-
CASE# CUP 21- 006, DRA 21- 004, TPM21- 001, ASR 21- 006 Initial Study

1. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a " Potentially Significant Impact" as indicated by the checklist on the following pages.

Aesthetics
Biological Resources
Hazards & Hazardous
Materials
Mineral Resources
Public Services
Tribal Cultural
Resources
Agriculture Resources
Cultural Resources
Hydrology / Water
Quality
Noise
Recreation
Utilities / Service
Systems

EVALUATION OF ENVIRONMENTAL IMPACTS

1. AESTHETICS -- Would the project
a) Have a substantial adverse effect on a
scenic vista?
b) Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within
a state scenic highway?
c) Substantially degrade the existing visual
character or quality of the site and its
surroundings?
d) Create a new source of substantial light or
glare, which would adversely affect day or
nighttime views in the area?
Explanation:
1a Less Than Significant Impact:

El Air Quality
El Geology / Soils
Q Land Use / Planning
Q Population / Housing
Q Transportation/ Traffic
Mandatory Findings of
Significance
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact with Mitigation Impact
Incorporated
Q
The proposed project is located within an area of primarily commercial buildings to the east, west, and south, and single- family residential development to the north. According to the City' s General Plan, unique visual features within the City include topographic features, local flora, and historic buildings. There are no scenic resources present at the site. The view into the project site is clear. No City or State designated significant visual resources are located within or adjacent to the project limits. The proposed commercial structures, multi -family apartments would be designed consistent with the area and are subject to a Design Review City of Highland - Initial Study 7 of 59 August 31, 2021 -24-
CASE# CUP 21- 006, DRA 21- 004, TPM 21- 001, ASR 21- 006 Initial Study Permit. The remainder single-family residences would be designed consistent with R- 1 development standards; and thus, would not exceed the heights or general size of surrounding single- family residential development. While the project would change views into the site from surrounding property, it would not significantly obstruct views of the general area Due to the general lack of scenic resources at the project site, the impact is considered less than significant. No mitigation is required.
1 b No Impact
The proposed project is not located along a state scenic highway and there are no state scenic highways located within the project vicinity. The proposed site is currently vacant and does not contain any protected trees, rock outcroppings, historic buildings or features of significance, or other feature that have been identified as a scenic resource; therefore, no impact is expected. No mitigation is required.
1 c Less Than Sianificant Impact:

Views into the Project Site are clear as the site is currently vacant with no significant trees or rock outcroppings. These views would be replaced by a commercial development along Base Line Road and Church Avenue, with Multi -Family Apartments behind and along Foster Ave, and a Single -Family Residence along Villa Avenue. Surrounding development is similar to what is proposed; thus, the new project would be consistent the existing visual character of neighboring properties. The proposed project would be required to comply with development standards for the MU and R- 1 zoning designation. Therefore, the size and scale of the proposed development would be consistent with surrounding properties and the impact would be less than significant. No Mitigation is required.
1 d Less Than Siqnificant Impact:

The existing Project Site is currently vacant and is not a source of substantial light or glare.

Development of Commercial buildings, Multi -Family Apartments, and a Single -Family Residence would create a new source of nighttime lighting from the use of lighting by residents, vehicle lights, as well as parking lot and building lighting. The development is currently surrounded by similar commercial uses and proposes various forms of screening, as well as downward shielding fixtures to prevent any overspill of light that would potentially impact the residential properties to the north, both existing and future. All lighting would comply with applicable City standards related to the installation and operation of lighting features. Because lighting will comply with applicable City design requirements and will be similar to existing lighting in the project vicinity, the project is not expected to generate lighting to the extent that it would substantially alter nighttime views in the area. Therefore, the project would have a less than significant impact associated with lighting and glare. No mitigation is required.

Mitigation Measures: None Required
City of Highland - Initial Study 8 of 59 August 31, 2021 -25-
CASE# CUP 21- 006, DRA 21- 004, TPM21- 001, ASR 21- 006 Initial Study Potentially Less Than Less Than No
Significant Significant Significant Impact

2. AGRICULTURE RESOURCES Impact with Mitigation Impact
Incorporated
In determining whether impacts to agricultural
resources are significant environmental
effects, lead agencies may refer to the
California Agricultural Land Evaluation and
Site Assessment Model ( 1997) prepared by
the California Dept. of Conservation as an
optional model to use in assessing impacts on
agriculture and farmland. Would the project:
a) Convert Prime Farmland, Unique Q
Farmland, or Farmland of Statewide
Importance ( Farmland), as shown on the
maps prepared pursuant to the Farmland
Mapping and Monitoring Program of the
California Resources Agency, to nonagricultural use?
b) Conflict with existing zoning for agricultural Q
use, or a Williamson Act contract?
c) Conflict with existing zoning for, or cause Q
rezoning of, forest land ( as defined in
Public Resource Code section 12220( g)),
timberland ( as defined by Public Resource
Code section 4526), or timberland zoned
Timberland Production ( as defined by
Government Code section 511104( g)?
d) Result in the loss of forest land or Q
conversion of forest land to non -forest
use?
e) Involve other changes in the existing Q
environment, which, due to their location or
nature, could result in conversion of
Farmland, to non- agricultural use?
Explanation:
2a No Impact:

The California Department of Conservation, Farmland Mapping and Monitoring Program FMMP), compiles Important Farmland maps pursuant to the provisions of Section 65570 of the California Government Code. The Project Site is vacant. Based on the California Important Farmland Finder ( https:// maps. conservation. ca. gov/ DLRP/ CIFF/), the project site is designated as " Urban and Built -Up Land" ( metadata source of "San Bernardino County Important Farmland").

City of Highland - Initial Study 9 of 59 August 31, 2021 -26-
CASE# CUP 21- 006, DRA 21- 004, TPM 21- 001, ASR 21- 006 Initial Study The General Plan land use designation for the project site is Mixed Use commercial/ residential). The zoning for the site is MU Mixed Use and R- 1 Residential Single Family. According to the City' s General Plan Conservation and Open Space Element, high demand for housing and high- water costs have made agricultural uses less cost effective.

Thus, there has been a steady loss in agricultural land throughout the City. The General Plan maintains an area for Agriculture/ Equestrian uses in the eastern part of the City. Impacts to Prime Farmland, Unique Farmland, and Farmland of Statewide Importance and general agricultural uses within the City of Highland were identified and mitigated in the City of Highland General Plan EIR. The project will not have new or undisclosed impacts to farmlands. No mitigation is required.
2b No Impact:

The Williamson Act is a procedure authorized under state law to preserve agricultural lands as well as open space. Property owners entering into a Williamson Act contract receive a reduction in property taxes in return for agreeing to protect the land' s open space or agricultural values. The contracts typically limit land use to agriculture, recreation, and open space, unless otherwise stipulated. The property is not in the Williamson Act Conservation Contract database ( Department of Conservation, Division of Land Resource Protection, Williamson Act Program metadata, 2004). Because the project site is not part of a Williamson Act contract database, no impacts associated with this issue will occur with development of the proposed project. No mitigation is required.
2c No Impact:

There are no parcels within the City that are zoned as forest land or timberland. Therefore, the proposed project would have no impact on forest or timberland. No mitigation is required. 2d No Impact:

There is no forest land or any land that is designated for the purposes of conserving forest land within the City of Highland. Therefore, the proposed project would have no impact on forest or timberland. No mitigation is required.
2e No Impact:

The Project Site is currently vacant land located within an urbanized area. The Development is consistent with the General Plan and Zoning of the Project Site. Because the Project Site is not designated as farmland, nor used as such, the project would not result in the conversion of Farmland to a non- agricultural use and no impact would occur with respect to this issue.

The project will not have new or undisclosed impacts to farmlands. No mitigation is required.

Mitigation Measures: Not Required
City of Highland - Initial Study 10 of 59 August 31, 2021 -27-
CASE# CUP 21- 006, DRA 21- 004, TPM 21- 001, ASR 21- 006 Initial Study

3. AIR QUALITY
Where available, the significance criteria
established by the applicable air quality
management or air pollution control district
may be relied upon to make the following
determinations. Would the project:
a) Conflict with or obstruct implementation of
the applicable air quality plan?
b) Violate any air quality standard or
contribute substantially to an existing or
projected air quality violation?
c) Result in a cumulatively considerable net
increase of any criteria pollutant for which
the project region is non -attainment under
an applicable federal or state ambient air
quality standard ( including releasing
emissions, which exceed quantitative
thresholds for ozone precursors)?
d) Expose sensitive receptors to substantial
pollutant concentrations?
e) Create objectionable odors affecting a
substantial number of people?
Explanation:
3a No Impact:

Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact with Mitigation Impact
Incorporated
lQ
Q
Q
Q
Q
The proposed project is located within the South Coast Air Basin ( Basin) and is within the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The Basin is bounded by the Pacific Ocean to the west and the San Gabriel, San Bernardino, and San Jacinto Mountains to the north and east. It includes all of Orange County and the non -desert portions of Los Angeles, Riverside, and San Bernardino Counties.

Under state law, the SCAQMD is required to prepare a plan for air quality improvement for pollutants for which the District is in non- compliance. The SCAQMD updates the plan every three years. Each iteration of the SCAQMD' s Air Quality Management Plan ( AQMP) is an update of the previous plan and has a 20- year horizon. SCAQMD adopted the 2016 AQMP in March 2017. The 2016 AQMP incorporates new scientific data and notable regulatory actions that have occurred since adoption of the 2012 AQMP.

The 2016 AQMP was prepared to ensure continued progress towards clean air and comply with state and federal requirements. This AQMP builds upon the approaches taken in the 2012 AQMP for the South Coast Air Basin for the attainment of State and federal ozone air quality standards. The 2016 AQMP incorporates the 2016 Regional Transportation Plan/Sustainable Communities Strategy and updated emission inventory methodologies for applicable source categories. The 2016 AQMP also includes the new and changing federal requirements, implementation of new technology measures, and the continued development of economically sound, flexible compliance approaches. The 2016 AQMP is available to download at
http:// www. acimd. gov/ home/ library/ clean- air- plans/ air- quality- mqt- plan/ final- 2016- aomP.

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CASE# CUP 21- 006, DRA 21- 004, TPM21- 001, ASR 21- 006 Initial Study The 2016 AQMP assumes that development associated with general plans, specific plans, residential projects, and wastewater facilities will be constructed in accordance with the population growth projections identified by SCAG. The AQMP incorporates local General Plan land use assumptions and regional growth projections developed by SCAG to estimate stationary and mobile source emissions associated with projected population and planned land uses. If a new land use is consistent with the local General Plan and the regional growth projections adopted in the AQMP, then the emissions generated by the new project have been evaluated, are contained in AQMP. Thus, individual projects would not conflict with or obstruct implementation of the regional AQMP. The existing General Plan designates the project site for Mixed Use and low density residential uses, which is consistent with the proposed project. Implementation of the proposed project would not require the rezoning of the project site. A General Plan Amendment ( GPA) is being processed to allow Drive- Thru restaurants located at the corner of Base Line Road and Church Avenue, but the GPA will have no impact on Air Quality implementation. Since the proposed project will be consistent with the General Plan and would follow / implement design features consistent with South Coast Air Quality Management District ( SCAQMD) as outlined in the Air Quality Assessment, no cumulative impact associated with this issue would occur. No mitigation is required. 3b Less Than Significant Impact:

On -site grading and construction activities would result in localized increased levels of shortterm emissions and particulates. After construction, operation of the project would generate increased vehicle trips in the project area leading to increased long-term emissions.

Additionally, the consumption of electricity and natural gas by the proposed on -site uses would also generate long-term air pollutant emissions.

Short -Term. The most recent version of the CaIEEMod model ( Version 2016. 3. 2) ( Appendix A) was used to calculate the construction emissions for the proposed project. Emissions calculated include VOC, NOx, CO, S02, PM1o, and PM2. 5. As shown in Table 4. 1 below, all peak daily construction emissions were determined to be lower than SCAQMD thresholds.

Since no exceedances of any criteria pollutants are expected, no significant impacts would occur for project construction. Construction would be required to comply with regional fugitive dust reduction practices ( SCAQMD Rule 403) that assist in reducing short- term air pollutant emissions. Among the requirements under this rule, fugitive dust must be controlled so that the presence of such dust does not remain visible beyond the property line of the emission source. This is achieved by requiring actions to prevent, reduce, or mitigate dust emissions.

Adherence to Rule 403 is a standard requirement for any construction activity occurring within the Basin. With compliance with Rule 403, short- term emissions are considered less than significant. No mitigation is required.

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CASE# CUP 21- 006, DRA 21- 004, TPM21- 001, ASR 21- 006 Initial Study Table 4. 1: Expected Construction Emissions Summary
Long -Term. Long- term project emissions were also calculated using the CalEEMod model Version 2016. 3. 2). See Appendix A of Air Quality Assessment. Sources include vehicular emissions, architectural coatings, consumer products, and landscaping. Energy sources include natural gas consumption for heating. Long- term emissions were calculated for VOC, NOx, CO, S02, PM, o, and PM2. e. As shown in Table 4. 2 below, no calculated project -related criteria pollutants would exceed the corresponding SCAQMD daily emission thresholds for any criteria pollutants. Therefore, project -related long- term air quality impacts would be less than significant. No mitigation is required.

Table 4.3: Expected Daily Pollutant Generation
ROG NOxCO
Summer Scenario
Area Source Emission Estimates

2. 14 0. 05 1. 45 0. 00 0. 01 0. 01
Lb/ Da
Energy Source Emissions ( Lb/ Day) 0. 07 0. 59 0. 47 0. 00 0. 05 0. 05 Operational Vehicle Emissions
Lb/ Da

6. 95 37. 57 41. 78 0. 16 9. 34 2. 56
Total with Design Features

9. 15 38. 21 43. 70 0. 17 9. 39 2. 61
Lb Da
SCAQMD Thresholds 55 55 550 150 150 55
Significant? No No No No No No
Winter Scenario
Area Source Emission Estimates

2. 14 0. 05 1. 45 0. 00 0. 01 0. 01
Lb/ Da
Energy Source Emissions ( Lb/ Day) 0. 07 0. 59 0. 47 0. 00 0. 05 0. 05 Operational Vehicle Emissions

5. 84 36. 87 40. 70 0. 15 9. 34 2. 56
Lb/ Da
Total with Design Features

8. 04 37. 51 42. 62 0. 15 9. 39 2. 61
Lb/ Day)
Significant? No No No No No No
Daily pollutant generation assurnes trip distances within CALLEEMOD 2016. 3. 2 City of Highland - Initial Study 13 of 59 August 31, 2021 -30-
CASE# CUP 21- 006, DRA 21- 004, TPM21- 001, ASR 21- 006 Initial Study 3c Less Than Sianificant Impact:

The cumulative area for air quality impacts is the South Coast Air Basin. The South Coast Air Basin is in nonattainment for PM, o, PM2.5, and ozone. As stated in Checklist Response 3b), the project' s short- term air quality impacts would be less than significant. In evaluating the cumulative effects of the project, Section 21100(e) of CEQA states that "previously approved land use documents including, but not limited to, general plans, specific plans, and local coastal plans, may be used in cumulative impact analysis." In addressing cumulative effects for air quality, the AQMP utilizes approved general plans and therefore, is the most appropriate document to use to evaluate cumulative impacts of the project. This is because the AQMP evaluated air quality for the entire South Coast Air Basin using a future development scenario based on population projections and set forth a comprehensive program that would facility compliance with all Federal and State air quality standards. Since the project is in compliance with the AQMP and with adherence to Rule 403, both short-term and long- term air quality impacts are less than significant, the project' s cumulative impact to air quality is considered less than significant. No mitigation is required. 3d No Impact:

Sensitive receptors are defined as populations that are more susceptible to the effects of pollution than the population at large. The SCAQMD identifies the following as sensitive receptors: long- term healthcare facilities, rehabilitation centers, convalescent centers, retirement homes, residences, schools, playgrounds, childcare centers, and athletic facilities.

The proposed project is bordered by residential and commercial receptors to the north, west, south, and east. Additionally, there is a school and church located across Base Line Road to the south.

The SCAQMD has published a " Fact Sheet for Applying CalEEMod to Localized Significance Thresholds" ( South Coast Air Quality Management District 2011). CalEEMod calculates construction emissions based on the number of equipment hours and the maximum daily disturbance activity possible for each piece of equipment. Construction - related emissions reported by CalEEMod are compared to the localized significance threshold lookup tables.

The CaIEEMod output in Appendix A shows the equipment assumed for this analysis.

Construction operations would be considered short term events and would not be considered an impact. the proposed Project would not be expected to generate offensive odors and would therefore not impact any sensitive receptors. No impact is expected to sensitive receptors. No mitigation is required. 3e Less Than Sianificant Impact:

During construction, temporary odors may be generated through the various diesel -powered vehicles and equipment in use on the site as well as the installation of asphalt. However, these odors are not considered long term and likely not noticeable beyond the project boundary. The proposed project is constructing a new commercial and multi -residential development, which is not anticipated to generate long- term objectionable odors. Therefore, impacts related to creation of objectionable odors affecting substantial numbers of people would to be less than significant. No mitigation is required.

Mitigation Measures: Not Required
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CASE# CUP 21- 006, DRA 21- 004, TPM 21- 001, ASR 21- 006 Initial Study

4. BIOLOGICAL RESOURCES
Would the project:
a) Have a substantial adverse effect, either
directly or through habitat modifications, on
any species identified as a candidate,
sensitive, or special status species in local
or regional plans, policies, or regulations,
or by the California Department of Fish and
Game or U. S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies, and regulations or by the
California Department of Fish and Game or
US Fish and Wildlife Service?
c) Have a substantial adverse effect on
federally protected wetlands as defined by
Section 404 of the Clean Water Act
including, but not limited to, marsh, vernal
pool, coastal, etc.) through direct removal,
filling, hydrological interruption, or other
means?
d) Interfere substantially with the movement
of any native resident or migratory fish or
wildlife species or with established native
resident or migratory wildlife corridors, or
impede the use of native wildlife nursery
sites?
e) Conflict with any local policies or
ordinances protecting biological
resources, such as a tree preservation
policy or ordinance?
f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
approved local, regional, or state habitat
conservation plan?
Explanation:

Potentially Less Than
Significant Significant
Impact with Mitigation
Incorporated
Q
Less Than No
Significant Impact
Impact
Q
Information presented herein is quoted and/ or summarized from the Biological Resource Assessment prepared by Kidd Biological, Inc. ( January 31, 2021) and provided for reference in Appendix B.
4a Less than Significant with Mitigation:

The construction of a new shopping center and residential structures will result in the loss of approximately 9 acres of non- native grassland habitat and the loss of a single coast live oak tree. Only one sensitive species has a potential to be impacted by the project: the horned lark.

This bird is vulnerable to harm as it forages and nests on the ground in grasslands. This and other bird species are protected under State and Federal laws protecting nesting birds, specifically Section 3500 and 3503 of the CDFW game code and the Migratory Bird Treaty Act. Impacts to the horned lark and other nesting birds can be reduced by conducting clearing City of Highland - Initial Study 15 of 59 August 31, 2021 -32-
CASE# CUP 21- 006, DRA 21- 004, TPM21- 001, ASR 21- 006 Initial Study and grubbing of the site outside of the bird nesting season, which is generally considered February 1- September 15, with a peak between March and June.

Because potential habitat is present within the proposed area of potential effect and project construction may occur within the nesting cycle, potentially significant impacts to migratory bird species may occur. Implementation of BIO- 1 will reduce the potential for significant adverse impacts to those below a level of significance. Impacts for this issue are considered less than significant with mitigation incorporated.
4b Less than Significant Impact:

There are no drainage features, streams, wetlands, vernal pools, waters of the U. S. or Riparian vegetation within the project site; however, there is an unnamed blue line stream that appears to have possibly run through or near the site in the past. Presently, this feature has been moved to an underground culvert that runs south under Church Street and west under Baseline. These features' locations can be seen in Figure 5. They are classified as RSUBFx by the USFWS.

Classification code: RSUBFx. The descriptions are below:

System Riverine ( R) : The Riverine System includes all wetlands and deepwater habitats contained within a channel, with two exceptions: ( 1) wetlands dominated by trees, shrubs, persistent emergents, emergent mosses, or lichens, and ( 2) habitats with water containing ocean -derived salts of 0. 5 ppt or greater. A channel is an open conduit either naturally or artificially created which periodically or continuously contains moving water, or which forms a connecting link between two bodies of standing water.

Subsystem Unknown Perennial ( 5) : This Subsystem designation was created specifically for use when the distinction between lower perennial, upper perennial, and tidal cannot be made from aerial photography and no data is available.

Class Unconsolidated Bottom ( UB) : Includes all wetlands and deepwater habitats with at least 25% cover of particles smaller than stones (less than 6- 7 cm), and a vegetative cover less than 30%.

Water Regime Semipermanently Flooded ( F) : Surface water persists throughout the growing season in most years. When surface water is absent, the water table is usually at or very near the land surface.

Special Modifier Excavated ( x) : This Modifier is used to identify wetland basins or channels that were excavated by humans.

Impacts to these features are not anticipated from this project; however, Best Management Practices ( BMPs) are recommended to ensure compliance with local authorities who ensure compliance with the Clean Water Act." Impacts are considered less than significant for this issue.

No mitigation is required.
4c No Impact:

No jurisdictional water features occur within the subject parcel, however there are modified drainage features just off site and additional BMPs or avoidance measures will be imposed by the City.

Therefore, development of the project site, with site specific BMP additions and / or avoidance measures, will not result in impacts to Corps, Regional Board, or CDFW jurisdiction and regulatory approvals will not be required.

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CASE# CUP 21- 006, DRA 21- 004, TPM21- 001, ASR 21- 006 Initial Study 4d Less than Significant with Mitigation:

Habitat linkages provide links between larger undeveloped habitat areas that are separated by development. Wildlife corridors are similar to linkages but provide specific opportunities for animals to disperse or migrate between areas. A corridor can be defined as a linear landscape feature of sufficient width to allow animal movement between two comparatively undisturbed habitat fragments. Adequate cover is essential for a corridor to function as a wildlife movement area. It is possible for a habitat corridor to be adequate for one species yet inadequate for others. Wildlife corridors are significant features for dispersal, seasonal migration, breeding, and foraging. Additionally, open space can provide a buffer against both human disturbance and natural fluctuations in resources.

The project site has not been identified as a wildlife corridor or linkage. The proposed development will be confined to existing areas that have been heavily disturbed by existing commercial and residential development activities.

No impacts to wildlife movement corridors or critical habitat are expected. It is not expected that this project will conflict with any local ordinances or policies protecting biological resources and the site dies not fall within a Natural Community Conservation Plan or Habitat Conservation Plan.

Only one sensitive species has a potential to be impacted by the project: the horned lark. This bird is vulnerable to harm as it forages and nests on the ground in grasslands. This and other bird species are protected under State and Federal laws protecting nesting birds, specifically Section 3500 and 3503 of the CDFW game code and the Migratory Bird Treaty Act. Impacts to the horned lark and other nesting birds can be reduced by conducting clearing and grubbing of the site outside of the bird nesting season, which is generally considered February 1- September 15, with a peak between March and June.

Because potential habitat is present within the proposed area of potential effect and project construction may occur within the nesting cycle, potentially significant impacts to migratory bird species may occur. Implementation of 13I0- 1 will reduce the potential for significant adverse impacts to those below a level of significance. Impacts for this issue are considered less than significant with mitigation incorporated.
4e Less Than Significant Impact:

The Highland Municipal Code defines a " Heritage tree" as any live tree, shrub or plant which meets at least one of the following criteria:

A. All woody plants in excess of 15 feet in height and having a single trunk circumference of 24 inches or more, as measured four and one- half feet above ground level; or B. Multitrunk tree( s) having a total circumference of 30 inches or more, measured four and one- half feet from ground level; or
C. A stand of trees, the nature of which makes each dependent upon the others for survival; or
D. Any other tree as may be deemed historically or culturally significant by the community development director or designee because of size, condition, location, or aesthetic qualities.

A single coast live oak (Quercus agrifolia) was identified onsite during the field survey. This oak is approximately 15- feet in height, is in poor health, and does not meet the definition of a City of Highland - Initial Study 17 of 59 August 31, 2021 -34-
CASE# CUP 21- 006, DRA 21- 004, TPM21- 001, ASR 21- 006 Initial Study Heritage Tree. The removal of this oak would not have any impact under this threshold as the disturbed nature of the site does not warrant a healthy environment for sustainable growth. As such, the impact would be considered less than significant for this issue. No mitigation is required.
4f No Impact:

The proposed project site is not affected by a Multiple Species Habitat Conservation Plan MSHCP) or Natural Community Conservation Plan ( NCCP). This threshold does not apply to the project site. No impact would occur. No mitigation is required.

Mitigation Measures:
113I0- 1: Nesting Birds. All native breeding birds, ( except game birds) regardless of their listing status, are protected under the Migratory Bird Treaty Act ( MBTA). Potential impacts to the breeding birds are considered significant under the California Environmental Quality Act CEQA). The MBTA and the California Department of Fish and Wildlife ( CDFW) Code Regulations 3500 and 3503 which protect nesting birds. In order to comply with these regulations all future clearing, grubbing, tree trimming, and tree removals should be conducted outside the bird nesting season. The typical nesting season is often considered February 15th to August 31 st however these dates are not a legal definition. A nest is protected during any time of the year when eggs or young are present. If grading/grubbing/tree trimming must occur during the nesting bird season, a pre -construction nesting bird survey should be conducted by a qualified biologist. If an active nest is encountered outside the breeding season, avoidance of the nest is required."

5. CULTURAL RESOURCES
Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource as
defined in § 15064. 5?
b) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to § 15064. 5?
c) Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature?
d) Disturb any human remains, including
those interred outside of formal
cemeteries?
Explanation:

Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact with Mitigation Impact
Incorporated
0 Z
0 Q
Information presented herein is quoted and/ or summarized from the Phase I Cultural Resource Assessment, prepared by Heritage Resources ( April 30, 2021) and provided for reference in Appendix C.

City of Highland - Initial Study 18 of 59 August 31, 2021 -35-
CASE# CUP 21- 006, DRA 21- 004, TPM21- 001, ASR 21- 006 Initial Study 5a No Impact:

The property is currently vacant land that has been previously graded and contains no natural topography or vegetation. In compliance with the California Environmental Quality Act CEQA), Section 21083. 2 and 15064. 5 of the Guidelines, a Phase I cultural resource assessment was completed by Sue A. Wade who meets Secretary of the Interior Professional Qualification standards for Archaeology and for History. The tasks completed consisted of a

0. 25- mile radius record search conducted by the South -Central Coastal Information Center EIC), a Sacred Lands File search conducted by the Native American Heritage Commission NAHC) and " project scoping" with tribes recommended by the Commission, a field survey, and preparation of a report documenting the negative survey findings.

The record search revealed that no cultural resources have been recorded on the Project property and only historic structures have been recorded within the 0. 25- mile record search area. Historic map and aerial photographs indicated that structures and an orchard existed on the Project property as early as 1938, but they were demolished by 1980 and the property is currently graded vacant land. The field survey encountered no prehistoric or historic archaeological resources.

The Cultural Resource Assessment concluded that there will be no adverse change in the significance of a historical or archaeological resource ( per CEQA § 15064.5). Due to the negative results, no mitigation measures are recommended or warranted.

Based on this information, this threshold does not apply to the project site and no impact would occur. Should a previously unidentified historical resource be encountered during ground -disturbing activities, implementation of recommendations from the Phase I Cultural Resource Assessment would apply.
5b No Impact:

As a result of the Sacred Lands File search, the NAHC stated that the search was negative. In summary, as of April 30, 2021, three responses to the mailed letters and follow- up emails were received. The Agua Caliente Band of Cahuilla Indians and Quechan Tribe of the Fort Yuma Reservation responded stating that they defer to other tribes in the area. The San Manuel Band of Mission Indians ( SMBMI) responded stating that the Project is at least one mile from known sacred land files/ known cultural resources.

There will be no adverse change in the significance of a historical or archaeological resource per CEQA §15064. 5). Due to the negative results, no mitigation measures are recommended or warranted. Given the extensive disturbance to the property through the 20th century, no archaeological monitoring is recommended."
As noted in item 5a, this threshold does not apply to the project site and no impact would occur.

Should a previously unidentified archaeological resource be encountered during ground - disturbing activities, implementation of recommendations from the Phase I Cultural Resource Assessment should apply.
5c No Impact:

The Project property is flat vacant land bounded by subdivision residences to the north and northwest, commercial to the southwest and east, and a church complex to the southeast.

City of Highland - Initial Study 19 of 59 August 31, 2021 -36-
CASE# CUP 21- 006, DRA 21- 004, TPM21- 001, ASR 21- 006 Initial Study The lot has been graded and disked and otherwise disturbed by mechanical equipment.

There was very limited visibility due to weed cover although there were occasional open areas where it appears soils test pits had been excavated. There were also occasional large pieces of concrete and building debris on the surface as well as several boulders dumped in the northeast corner. Given the extensive disturbance and occasional opportunities to view the surface, the survey was deemed adequate to conclude that there is no intact evidence of previously existing structures. No prehistoric cultural materials were located. Although the visibility was limited, the extensive disturbance from the early 20th- century structure and orchard development and their subsequent demolition and clearing makes it highly unlikely that any intact prehistoric resources would be present.

The project area is not identified by the City of Highland as containing unique paleontological resources or geologic features. Soils with characteristics favorable for supporting paleontological ( Pleistocene deposits) are not known to occur on the site and therefore this threshold does not apply to the project site and no impact would occur. No mitigation is warranted or recommended.
5d No Impact:

The potential for encountering human remains at the project site is low due to the disturbed nature of the proposed project site as well as the proximity to the nearest sacred land as indicated by the notified tribes within the area. No known burial sites have been identified on the site or in the vicinity. Therefore, the threshold does not apply, and no impact would occur.

Should human remains be identified during ground -disturbing activities, procedures outlined in the State of California Health and Safety Code ( 7050. 5) and Public Resources Code ( 5097. 98) mandate procedures to be followed as defined in Mitigation Measure CUL- 1. In such a case, compliance with Mitigation Measure CUL- 1 would reduce potential impacts to less than significant.

Mitigation Measures: Not Required unless human remains are found during ground -disturbing activities.

CUL-5. Should any human remains be encountered during project implementation, ground disturbing activities shall be suspended 100 feet around the resource(s) and an Environmentally Sensitive Area ( ESA) physical demarcation/ barrier constructed. The Lead Agency and the landowner shall immediately contact the San Bernardino County Coroner and the SMBMI Cultural Resources Department. If the Coroner recognizes the human remains to be those of a Native American or has reason to believe that they are those of a Native American, the Coroner shall ensure that notification is provided to the NAHC within twenty-four 24) hours of the determination, as required by California Health and Safety Code § 7050. 5 ( c).

The NAHC- identified Most Likely Descendant ( MLD), shall be allowed, under California Public Resources Code § 5097.98 ( a), to ( 1) inspect the site of the discovery and ( 2) make determinations as to how the human remains and funerary objects shall be treated and disposed of with appropriate dignity. The MLD shall complete its inspection and make recommendations within forty- eight ( 48) hours of receiving notification from the landowner or the NAHC, as required by California Public Resources Code § 5097. 98. The MLD, Lead Agency, and landowner agree to discuss in good faith what constitutes " appropriate dignity", as that term is used in the applicable statutes, and the MLD shall make the final discretionary determination regarding the appropriate disposition and treatment of human remains and funerary objects.

City of Highland - Initial Study 20 of 59 August 31, 2021 -37-
CASE# CUP 21- 006, DRA 21- 004, TPM21- 001, ASR 21- 006 Initial Study Reburial of human remains and/ or funerary objects shall be accomplished in compliance with the California Public Resources Code § 5097. 98 ( a) and ( b). All parties are aware that the MLD may wish to rebury the human remains and associated funerary objects, as well as ceremonial and cultural items ( artifacts) on or near, the site of their discovery, in an area that shall not be subject to future subsurface disturbances. The landowner should accommodate on -site reburial in a location mutually agreed upon by the Parties.

The term " human remains" encompasses more than human bones because some local Tribes' traditions periodically necessitated the ceremonial burning of human remains and funerary objects. Funerary objects are those artifacts associated with any human remains or funerary rites. These items, and other funerary remnants and their ashes, are to be treated in the same manner as human bone fragments or bones that remain intact.

It is understood by all Parties that unless otherwise required by law, the site of any reburial of Native American human remains or cultural artifacts shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The Coroner, affected parties, and Lead Agencies will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code § 6254 ( r).

Potentially Less Than Less Than No

6. GEOLOGY AND SOILS -- Would the Significant Significant with Significant Impact project: Impact Mitigation Impact
Incorporated
a) Expose people or structures to potential
substantial adverse effects, including the
risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, Q
as delineated on the most recent
Alquist- Priolo Earthquake Fault
Zoning Map issued by the State
Geologist for the area or based on
other substantial evidence of a known
fault? Refer to Division of Mines and
Geology Special Publication 42.
ii) Strong seismic ground shaking? Q
iii) Seismic -related ground failure, Q
including liquefaction?
iv) Landslides? Q
b) Result in substantial soil erosion or the Q
loss of topsoil?
c) Be located on a geologic unit or soil that is Q
unstable, or that would become unstable
as a result of the project, and potentially
result in on -site or off -site landslide, lateral
spreading, subsidence, liquefaction or
collapse?
d) Be located on expansive soil, as defined in Q
Table 18- 1- B of the Uniform Building Code
2001), creating substantial risks to life or
property?
City of Highland - Initial Study 21 of 59 August 31, 2021 -38-
CASE# CUP 21- 006, DRA 21- 004, TPM21- 001, ASR 21- 006 e) Have soils incapable
supporting the use of
alternative wastewater
where sewers are not
disposal of wastewater?
Explanation:
of adequately
septic tanks or
disposal systems
available for the
0 Initial Study
Q
Information presented herein is quoted and/ or summarized from the Geotechnical Investigation, prepared by Southern California Geotechnical ( January 15, 2021) and provided for reference in Appendix D.
6a) i No Impact:

Research of available maps indicates that the subject site is not located within an Alquist- Priolo Earthquake Fault Zone. Furthermore, SCG did not identify any evidence of faulting during the geotechnical investigation. Therefore, the possibility of significant fault rupture on the site is considered to be low. No impact would be expected in regards to this issue. No mitigation is required.
6a) ii Less Than Significant Impact:

The subject site is located in an area which is subject to strong ground motions due to earthquakes. The performance of a site -specific seismic hazards analysis was beyond the scope of this investigation. However, numerous faults capable of producing significant ground motions are located near the subject site. Due to economic considerations, it is not generally considered reasonable to design a structure that is not susceptible to earthquake damage.

Therefore, significant damage to structures may be unavoidable during large earthquakes.

The proposed structures should, however, be designed to resist structural collapse and thereby provide reasonable protection from serious injury, catastrophic property damage and loss of life.

The 2019 California Building Code ( CBC) provides procedures for earthquake resistant structural design that include considerations for on -site soil conditions, occupancy, and the configuration of the structure including the structural system and height. The seismic design parameters presented within the Geotechnical Investigation are based on the soil profile and the proximity of known faults with respect to the subject site.

Based on standards in place at the time of this report, the proposed development is expected to be designed in accordance with the requirements of the 2019 edition of the California Building Code ( CBC), which was adopted on January 1, 2020.

Adherence to these existing Uniform Building Code and the California Building Code standards would ensure potential ground shaking impacts are reduced to a less than significant level. No mitigation is required.
6a) iii No Impact:

Liquefaction is the loss of strength in generally cohesionless, saturated soils when the pore - water pressure induced in the soil by a seismic event becomes equal to or exceeds the overburden pressure. The primary factors which influence the potential for liquefaction include City of Highland - Initial Study 22 of 59 August 31, 2021 -39-
CASE# CUP 21- 006, DRA 21- 004, TPM21- 001, ASR 21- 006 Initial Study groundwater table elevation, soil type and plasticity characteristics, relative density of the soil, initial confining pressure, and intensity and duration of ground shaking. The depth within which the occurrence of liquefaction may impact surface improvements is generally identified as the upper 50 feet below the existing ground surface.

The California Geological Survey ( CGS) has not yet conducted seismic hazard mapping in the area of the subject site. The San Bernardino County Land Use Plan, Geologic Hazard Overlays, Redlands Quadrangle, FH31 C, indicates that the subject site is not located within a zone of liquefaction susceptibility. In addition, the subsurface conditions at the boring locations are not considered to be conducive to liquefaction. These conditions generally consist of medium dense to very dense, well graded, granular soils, and no evidence of a long- term groundwater table within the depths explored by the borings. Based on these considerations, liquefaction is not considered to be a design concern for this project.

Based on this investigation, the project would not be subject to potential soil liquefaction hazard. No impact is expected in regards to this issue. No mitigation is necessary. 6a) iv No Impact:

The proposed project is within an area developed with urban uses and is not located adjacent to or near any geographical feature identified by the City that would be susceptible to landslides. Because the proposed project is not located within proximity to any geographical feature that would be susceptible to producing landslides, the occurrence of a landslide on or near project site is low. Therefore, no impact is expected in regards to this issue as a result of the development. No mitigation is required.
6b Less Than Sianificant Impact:

Soils are classified by the United States Natural Resource Conservation Service into four hydrologic soils groups based on the soil' s runoff potential. " Hydrologic soil group" is a term that represents a group of soils having similar runoff potential under similar storm and cover conditions. Soil properties that influence runoff potential are those that influence the minimum rate of infiltration for bare soil after prolonged wetting. Per the soils report, surface soils are comprised of alluvial soils at the ground surface at all of the boring locations, extending to at least the maximum depth explored of 19± feet below ground surface. The near surface alluvial soils, within the upper 7 to 9'/ 2± feet, generally consist of silty fine sands, well -graded sands, and silty well -graded sands with varying gravel and cobble content. These soils are considered to have moderate infiltration and runoff erosion potential.

Although the project site soils have a low runoff or erosion potential, the proposed project would require the excavation and movement of on -site soils, which could result in runoff or erosion issues. However, construction projects resulting in the disturbance of 1. 0 acre, or more are required to obtain a National Pollutant Discharge Elimination System ( NPDES) permit issued by the Regional Water Quality Control Board ( RWQCB).

The project' s developer would be required to prepare a Storm Water Pollution Prevention Plan SWPPP) that identifies Best Management Practices (BMPs) to limit the soil erosion during project construction. Adherence during construction to provisions of the NPDES permit and applicable BMPs contained in the SWPPP would ensure that potential impacts related to this issue are less than significant. No mitigation is required.

City of Highland - Initial Study 23 of 59 August 31, 2021 -40-
CASE# CUP 21- 006, DRA 21- 004, TPM21- 001, ASR 21- 006 Initial Study 6c Less Than Sianificant Impact:

Subsidence is the sudden sinking or gradual downward settling of the earth' s surface with little or no horizontal motion. Subsidence is caused by a variety of activities, which include ( but are not limited to) withdrawal of groundwater, pumping of oil and gas from underground, the collapse of underground mines, liquefaction, and hydro -compaction. The project does not require use of groundwater. Based on the soil composition, minor ground subsidence is expected to occur in the soils due to the removal of on -site soils and replacement with compacted fill. The actual amount of subsidence is expected to be low with implementation of recommendations contained in the soils report.

The San Bernardino County Land Use Plan, Geologic Hazard Overlays, Redlands Quadrangle, FH31 C, indicates that the subject site is not located within a zone of liquefaction susceptibility.

In addition, the subsurface conditions at the boring locations are not considered to be conducive to liquefaction. These conditions generally consist of medium dense to very dense, well graded, granular soils, and no evidence of a long-term groundwater table within the depths explored by the borings. Based on these considerations, liquefaction is not considered to be a design concern for this project.

The potential for other geologic hazards such as seismically induced settlement, lateral spreading, tsunamis, inundation, seiches, flooding, and subsidence affecting the site is considered low.

The recommended remedial grading will remove the near -surface alluvial soils from the proposed building areas. The excavated soils will be replaced as compacted structural fill. The native soils that will remain in place below the recommended depth of over -excavation will not be subject to significant load increases from the foundations of the new structures and possess higher strengths and more favorable consolidation characteristics. Provided that the recommended remedial grading is completed, the post -construction static settlements of the proposed structure are expected to be within tolerable limits." Adherence to City and engineering requirements and standards would reduce potential impacts associated with this issue to a less than significant level. No mitigation is required. 6d Less Than Significant Impact:

Expansive soils generally have a significant amount of clay particles which can expel water shrink) or absorb water ( swell). The change in volume exerts stress on buildings and other loads placed on these soils. The extent of shrink/ swell is influenced by the amount and kind of clay in the soil. The occurrence of these soils is often associated with geologic units having marginal stability. The distribution of expansive soils can be widely dispersed and they can occur in hillside areas as well as low-lying alluvial basins.

According Geotechnical/ Soils Report the near -surface soils generally consist of sands and silty sands with gravel. Based on their composition and lack of any appreciable plasticity, these soils are considered to be non -expansive. Therefore, no design considerations related to expansive soils are considered warranted for this site. All imported fill soils should also possess very low expansive characteristics."
Development of the proposed project site will be required to adhere to City design and engineering standards and impacts associated with this issue are considered less than City of Highland - Initial Study 24 of 59 August 31, 2021 -41-
CASE# CUP 21- 006, DRA 21- 004, TPM21- 001, ASR 21- 006 Initial Study significant. No mitigation is required.
6e No Impact:

The proposed commercial and residential project are utilizing the connection to the existing sewer system. Therefore, the project will not include septic tanks or alternative wastewater disposal systems. No impact is expected in regards to this issue. No mitigation is required.

Mitigation Measures: Not Required.

Potentially Less Than Less Than No

7. GREENHOUSE GAS EMISSIONS — Significant Significant Significant Impact Would the project: Impact with Mitigation Impact
Incorporated
a) Generate greenhouse gas emissions, Q
either directly or indirectly, that may have
a significant impact on the environment?
b) Conflict with an applicable plan, policy, or Q
regulation adopted for the purpose of
reducing the emissions of greenhouse
gases?
Explanation:

Information presented herein is quoted and/ or summarized in the Greenhouse Gas Assessment, prepared by LDN Consulting, Inc. ( May 13, 2021) and provided for reference in Appendix E.
7a- b Less Than Significant Impact:

The City of Highland does not have specific City defined GHG thresholds of significance however, the City does suggest that GHG thresholds recommended by SCAQMD should be followed. The SCAQMD threshold, which was adopted in December 2008, considers emissions of over 10, 000 metric tons CO2E /year to be significant. However, the SCAQMD' s threshold applies only to stationary sources and is expressly intended to apply only when the SCAQMD is the CEQA lead agency. Note that lead agencies retain the responsibility to determine significance on a case -by - case basis for each specific project.

Although not formally adopted, the SCAQMD has developed a draft quantitative threshold for all land use types of, following Tier 3 screening standards. Under this methodology, Tier 3 screening values are established at 3, 000 MT/ year CO2E for residential/ commercial mixed uses ( South Coast Air Quality Management District, 2013).

The proposed project will emit GHGs directly through burning of carbon -based fuels such as gasoline and natural gas as well as indirectly through usage of electricity, water and from the anaerobic bacterial breakdown of organic solid waste. On -site grading and construction activities would generate greenhouse gas ( GHG) emissions. After construction, operation of the project would generate increased vehicle trips in the project area, leading to generation of GHG emissions. Additionally, the consumption of electricity and natural gas by the proposed on -site City of Highland - Initial Study 25 of 59 August 31, 2021 -42-
CASE# CUP 21- 006, DRA 21- 004, TPM21- 001, ASR 21- 006 Initial Study uses would generate GHG emissions. However, as shown in Table 5. 1, short-term ( construction) GHG emissions were determined to be less than the threshold and as shown in Table 5. 2, longterm ( operational) GHG emissions were also determined to be less than the threshold.

Table 5. 1: Expected Annual Construction CO2e Emissions Summary MT/ Year Year • 2 NBio- 0O2 Total CO2•
2022 0. 00 481. 86 481. 86 0. 09 0. 00
CO2e
484. 00
2023 0. 00 25. 20 25. 20 0. 01 0. 00 25. 36
Total 509. 37
Yearly Average Construction Emissions ( Metric Tons/ year over 30 years) 16. 98 Expected Construction emissions are based upon CalEEMod modeling assumptions for equipment and durations listed in Table 4. 1 above.

Table 5. 2: Expected Operational Emissions Summary MT/ Year Area 0. 00 0. 78 0. 78 0.00 0. 00 0. 79
Energy 0. 00 303. 82 303. 82 0.01 0. 00 305. 24
Mobile 0. 00 2589. 74 2589. 74 0. 19 0. 00 2594. 49
Waste 27. 71 0. 00 27. 71 1. 64 0. 00 68. 64
Water 2. 04 23. 66 25. 70 0. 21 0. 01 32. 52
Amortized Construction Emissions ( Table 5. 1 above) 16. 98 KW Solar L--- 51 27.- 1
8 EV Charging Stations 149. 69--
Total Operations 2, 841. 26
Expected Construction emissions are based upon CalEEMod modeling assumptions for equipment and durations listed in Table 1 above. Data is presented in decimal format and may have rounding errors.

The proposed project would implement Project Design Features ( PDFs) specifically chosen to reduce both greenhouse gas and air quality emissions. These PDFs would promote sustainability through site design that would conserve energy, water, open space, and other natural resources, and would become specific Conditions of Approval (COA) by the City of Highland:

1. In accordance with SCAQMDs Rule 403. All soil will be wetted twice daily during earthwork activities.

2. The project would install low flow water fixtures in all residential units and retail areas.

3. All lighting within the project will be designed using LED technology for both indoor and outdoor areas.

4. The project would provide separate waste containers to allow for simpler material separations, or the project would pay for a waste collection service that recycles the materials in accordance with AB 341 to achieve a 75% waste diversion for both retail and residential uses. 100% of all green waste will be diverted from landfills and recycled as City of Highland - Initial Study 26 of 59 August 31, 2021 -43-
CASE# CUP 21- 006, DRA 21- 004, TPM21- 001, ASR 21- 006 Initial Study mulch and used onsite.

5. The project would not install hearth ( fireplace) options within multi -family residential units.

6. The project would install Natural Gas hearth units within the single- family residential units.

7. The project shall install water efficient/ drought tolerant and/ or native landscape, use smart evapotranspiration controllers and would limit conventional turf.

8. The project would meet all solar development requirements for solar and would offset residential electrical energy usage. The project would install 51 kilowatts ( kW) of solar or roughly 162 ( 315 Watt) solar panels.

9. The project would install eight (8) Electric Vehicle ( EV) Charging Stations within the retail areas of the project.

Based on the analysis, the proposed project buildout with included PDFs 1- 9 would generate fewer emissions than the requisite 3, 000 MT CO2e per year screening threshold and would have a less than significant GHG impact under CEQA. In addition, because the project generates fewer emissions than the applicable screening threshold, the project would not conflict with any local or state plans, policies, or regulations and would be consistent with SCAQMD' s requirements. Impacts are considered less than significant for this issue. No mitigation required.

Mitigation Measures: Not Required

8. HAZARDS AND HAZARDOUS
MATERIALS — Would the project:
a) Create a significant hazard to the public or
the environment through the routine
transport, use, or disposal of hazardous
materials?
b) Create a significant hazard to the public or
the environment through reasonably
foreseeable upset and accident conditions
involving the release of hazardous
materials into the environment?
c) Emit hazardous emissions or handle
hazardous or acutely hazardous
materials, substances, or waste within
one -quarter mile of an existing or
proposed school?
d) Be located on a site which is included on
a list of hazardous materials sites
compiled pursuant to Government Code
Section 65962. 5 and, as a result, would it
create a significant hazard to the public or
the environment?
e) For a project located within an airport land
use plan or, where such a plan has not
been adopted, within two miles of a public
airport or public use airport, would the
project result in a safety hazard for people
residing or working in the project area?
Potentially Less Than Less Than
Significant Significant Significant
Impact with Mitigation Impact
Incorporated
0 No
Impact
El
11 9
City of Highland - Initial Study 27 of 59 August 31, 2021 -44-
CASE# CUP 21- 006, DRA 21- 004, TPM 21- 001, ASR 21- 006 Initial Study f) For a project within the vicinity of a private 2
airstrip, would the project result in a safety
hazard for people residing or working in
the project area?
g) Impair implementation of or physically Q
interfere with an adopted emergency
response plan or emergency evacuation
plan?
h) Expose people or structures to a 0
significant risk of loss, injury or death
involving wildland fires, including where
wildlands are adjacent to urbanized areas
or where residences are intermixed with
wildlands?
Explanation:
8a Less Than Significant Impact:

The proposed project would result in the construction of a Mixed -Use development consisting of five commercial tenant buildings, three multi -family residential buildings, and a single-family residence, along with associated driveways, parking lots, trash enclosures, and landscape areas. Potentially hazardous materials such as fuel, paint products, lubricants, solvents, and cleaning products may be used and/ or stored on site during the construction of the proposed project. One of the Commercial Stores proposed will be a Tractor Supply Company store, which typically involves the sale of bulk propane. In addition, the only hazardous waste expected after construction of the buildings maybe small amounts of domestic chemicals such as lawn products or household cleaning products for landscape and building maintenance. The transport, use, storage, and sale of hazardous materials during the construction and operation of the site would be conducted in accordance with all applicable State and Federal laws.

Compliance with all applicable laws and regulations would reduce the potential impact associated with the routine transport, use, storage, or disposal of hazardous materials to a less than significant level. No mitigation is required.
8b Less Than Significant Impact:

The project applicant completed a Phase I Environmental Site Assessment on October 5, 2020, and concluded that "there are no areas of concern regarding the current or former operations on -site" and that " there are no recommended areas of action currently".

Furthermore, " this assessment has revealed no evidence of Recognized Environmental Conditions ( REC) or Historical Recognized Environmental Conditions ( HREC) in connection with the property". Although potentially hazardous materials such as fuel, paint products, lubricants, solvents, and cleaning products may be used and/ or stored on site during the construction of the proposed project, and potentially hazardous materials such as propane, cleaning solutions and lawn products will be either for sale or used for maintenance throughout the life of the project, the transport, use, storage, and sale of hazardous materials during the construction and operation of the site would be conducted in accordance with all applicable State and Federal laws. Compliance with all applicable laws and regulations would reduce the potential impact associated with the routine transport, use, storage, or disposal of hazardous materials to a less than significant level. No mitigation is required.

City of Highland - Initial Study 28 of 59 August 31, 2021 -45-
CASE# CUP 21- 006, DRA 21- 004, TPM21- 001, ASR 21- 006 Initial Study 8c Less Than Significant Impact:

St Adelaide School is the nearest school to the Project Site , located to the south at the southwest corner of Base Line Road and Church Avenue. While the proposed mixed -use project will inevitably produce mild fumes and residual materials ( i. e. cleaning agents, solvents, propane, etc.) due to daily living and services rendered, the transport, use, storage, and sale of hazardous materials during the construction and operation of the site would be conducted in accordance with all applicable State and Federal laws. Compliance with all applicable laws and regulations would ensure the proposed project will not emit a significant hazardous affect or influence the schools within proximity, reducing the potential impacts to less than significant. No mitigation is required.
8d No Impact:

An " EPA ID Number" identifies a facility to the State and Federal governments as a hazardous waste generator. The project site has never had any uses requiring an EPA RCRA generator number for the subject property and none for this report according to the Phase I Environmental Site Assessment. A hazardous waste manifest file is maintained when hazardous materials are transported and disposed of from a site and there are no regulated materials currently being generated or disposed of from the Project Site. In addition, no hazardous sites are located in the immediate vicinity of the project site. Therefore, no impact would be expected in regards to this issue. No mitigation is required.
8e Less Than Significant Impact:

The closest airport to the project site is San Bernardino International Airport ( SBIA) located to the southwest. The SBIA is located in the City of San Bernardino, adjacent to the southwestern boundary of the City of Highland and approximately 1. 5 miles southwest of the project site. The project site is within the Airport Overlay Zone " E — Airport Influence Zone — Negligible Risk Level' for SBIA. Safety Zone E has no density limit in people per acre and no maximum lot coverage ( 100) as set forth in Table 16. 40.410.A of the Highland Municipal Code. Additionally, the proposed commercial, multi -family, and single- family uses are denoted as " SR" within Table 16. 40. 410.A. Where the symbol " SR" appears in the column beneath an airport safety zone, the use is compatible. Use is acceptable without safety - related conditions ( noise, airspace protection, and/ or overflight limitations may apply).

Therefore, the project would not result in a safety hazard for people residing or working in the project area and the impact would be considered less than significant. No mitigation is required.
8f No Impact:

The project is not located within the vicinity of a private airstrip or heliport. Resultantly, no impacts associated with this issue would occur. No mitigation is required. 8g Less Than Significant Impact:

The proposed project would be designed, constructed, and maintained in accordance with applicable standards associated with vehicular access, resulting in adequate emergency access and evacuation. As the offsite construction is restricted to restriping and driveway entrances and not considered significant, any road closures would have adequate monitoring City of Highland - Initial Study 29 of 59 August 31, 2021 -46-
CASE# CUP 21- 006, DRA 21- 004, TPM 21- 001, ASR 21- 006 Initial Study and directional guides to help facilitate the flow of traffic. Adherence to these measures would reduce potential impacts related to this issue to a level of less than significant. No mitigation is required.
8h No Impact:

Due to the lack of vegetation and extensive development in close proximity of the project site, the area surrounding the proposed project does not support wildfire habitat. Implementation of the most recent California Building Code standards further defend the proposed development from fire and minimize the likelihood of susceptibility. Additionally, the Project Site is located in a Non- VHFHSZ ( Non -Very High Fire Hazard Severity Zone) and is not located within a Wildland Urban Interface ( WUI) Intermix, Interface, or Influence Zone according to CalFire maps ( https:// osfm. fire. ca. gov/ media/ 5946/ highland. l) df and htti) s:// frap.fire. ca.gov/media/ l0300/wui 19 ada. pdf). Thus, proposed project would result in no impact in respect to this issue. No mitigation is required.

Mitigation Measures: Not Required

9. HYDROLOGY AND WATER QUALITY --
Would the project:
a) Violate any water quality standards or waste
discharge requirements?
b) Substantially deplete groundwater supplies
or interfere substantially with groundwater
recharge such that there would be a net
deficit in aquifer volume or a lowering of the
local groundwater table level ( e. g., the
production rate of pre- existing nearby wells
would drop to a level which would not
support existing land uses or planned uses
for which permits have been granted)?
c) Substantially alter the existing drainage
pattern of the site or area, including through
the alteration of the course of a stream or
river, in a manner, which would result in
substantial erosion or siltation on- or off -
site?
d) Substantially alter the existing drainage
pattern of the site or area, including through
the alteration of the course of a stream or
river, or substantially increase the rate or
amount of surface runoff in a manner, which
would result in flooding on- or off -site?
e) Create or contribute runoff water which would
exceed the capacity of existing or planned
stormwater drainage systems or provide
substantial additional sources of polluted
runoff?
f) Otherwise substantially degrade water
quality?
Potentially Less Than Less Than No
Significant Significant with Significant Impact
Impact Mitigation Impact
Incorporated
Q
Q
0 Q
Q
City of Highland - Initial Study 30 of 59 August 31, 2021 -47-
CASE# CUP 21- 006, DRA 21- 004, TPM 21- 001, ASR 21- 006 Initial Study g) Place housing within a 100- year flood hazard
area as mapped on a federal Flood Hazard
Boundary or Flood Insurance Rate Map or
other flood hazard delineation map?
h) Place within a 100- year flood hazard area
structures, which would impede or redirect
flood flows?
i) Expose people or structures to a significant
risk of loss, injury or death involving flooding,
including flooding as a result of the failure of
a levee or dam?
j) Inundation by seiche, tsunami, or mudflow?
Explanation:
9a — f Less than Significant Impact:

Q
Q
Q
Construction projects resulting in the disturbance of 1. 0 acre or more require a National Pollutant Discharge Elimination System ( NPDES) permit. The project proponent is required to file a Notice of Intent ( NOI) to comply with the NPDES Construction Activity General Permit. A component of the NPDES permit is the preparation of a Storm Water Pollution Prevention Plan SWPPP). The purpose of an SWPPP is to identify and implement Best Management Practices BMPs) to reduce impacts to surface water from contaminated stormwater discharges.

Compliance with the project specific SWPPP would reduce construction impacts related to this issue to less than significant.

Once the proposed project is completed, operation or ongoing activities of the project may contribute to long- term water quality impacts. To prevent such impacts, the project must implement a Water Quality Management Plan ( WQMP). New development is required to meet or exceed pre -project conditions for storm water discharge, and the proposed project would be required to retain any additional runoff on site and discharge it to the storm drain system at rates that do not exceed pre -project conditions. An approved Preliminary WQMP, prepared by SiteTech, Inc. ( February 11, 2021) is provided as Appendix F.

The WQMP identifies BMPs ( including design criteria for treatment control) that should be implemented to minimize adverse water quality impacts during construction and post - construction. The project specific WQMP addresses management of urban runoff with respect to the quantity and quality of water leaving the project site. The primary objective of the WQMP, by addressing site design, source control, and treatment control BMPs applied on a project -specific and/ or sub -regional or regional basis, is to ensure that the land use approval and permitting process of each City would minimize the cumulative regional impact of urban runoff. The WQMP would be required to be incorporated by reference or attached to the project' s SWPPP as the Post -Construction Management Plan.

Because adherence to the requirements of the NPDES permit, the SWPPP, and WQMP would be required by the City prior to, during, and after construction, the project' s potential water quality impacts would be reduced to less than significant. No mitigation is required.

City of Highland - Initial Study 31 of 59 August 31, 2021 -48-
CASE# CUP 21- 006, DRA 21- 004, TPM21- 001, ASR 21- 006 Initial Study 9g — j No Impact:

The proposed project is not within 100- year flood hazard areas as identified in Federal Emergency Management Agency Flood Insurance Rate Map 06071 C8707J ( September 2, 2016). Therefore, the project would not place housing within a 100-year flood hazard area. No impact related to this issue is anticipated to occur and no mitigation is required.

The proposed project is not within the inundation area associated with the Seven Oaks Dam located roughly 5. 7 miles away and therefore would not expose people or structures to any risks associated with a dam failure. No impact is anticipated in relation to this, and no mitigation is required.

The proposed project site is not located adjacent to any enclosed bodies of water, no seicherelated flooding is anticipated to occur on site; resultantly the probability for a mudslide is very unlikely. The Geotechnical Investigation concluded that the potential for other geologic hazards such as seismically induced settlement, lateral spreading, tsunamis, inundation, seiches, flooding, and subsidence affecting the site is considered low. Additionally, the distance from any mapped landslide areas, as well as the flat nature of the parcel, makes the likelihood of a landslide or mudflow affecting the property very low. No impact is anticipated as a result of the project in regards to this issue and no mitigation is required.

Mitigation Measures: Not Required
Potentially Less Than Less Than No

10. LAND USE AND PLANNING - Would the Significant Significant Significant Impact project: Impact with Mitigation Impact
Incorporated
a) Physically divide an established
community?
b) Conflict with any applicable land use plan, Q
policy, or regulation of an agency with
jurisdiction over the project ( including, but
not limited to the general plan, specific
plan, local coastal program, or zoning
ordinance) adopted for the purpose of
avoiding or mitigating an environmental
effect?
c) Conflict with any applicable habitat 0
conservation plan or natural community
conservation plan?
Explanation:
10a Less Than Significant Impact:

The project site is surrounded by residential to the north and commercial to the east, west, and south. Construction of a residential and commercial project is consistent with the existing uses and would not divide an established community, but rather enhance the fluidity of the community by connecting various uses and creating the missing piece between existing and planned development. Any impacts in relation to the existing community for this issue would be City of Highland - Initial Study 32 of 59 August 31, 2021 -49-
CASE# CUP 21- 006, DRA 21- 004, TPM21- 001, ASR 21- 006 Initial Study considered less than significant. No mitigation is required. 10b Less Than Significant Impact:

Implementation of a portion of the commercial aspect of the project will require an amendment to the General Plan to allow any Drive- Thru Restaurants located at the proposed site. The General Plan limitation of Drive-Thru Restaurants is not for the purpose of mitigating an environmental effect, and therefore the GPA is not considered in conflict in regards to this issue.

The project applicant proposes to process a General Plan Amendment to allow drive- thru ( Quick Serve Restaurants [ QSRs]) within Parcel - 05. Aside from this amendment, the remaining proposed uses are consistent with the General Plan designations. Because the project is not consistent with the General Plan, in terms of the allowability of QSRs, but the GPA is not considered in conflict, the impact is deemed less than significant. No mitigation is required beyond the applicable processing, entitlement, and possible conditions associated with the General Plan Amendment.
10c No Impact:

There is no adopted habitat conservation plan, natural community conservation plan, or other approved local, regional, or State habitat conservation plan applicable to the project site. The project site is not subject to any adopted habitat conservation plan or natural community conservation plan and therefore no impact would result from the project. No mitigation is required.

Mitigation Measures: None required.

Potentially
Significant

11. MINERAL RESOURCES -- Would the Impact
project:
a) Result in the loss of availability of a known
mineral resource that would be of value to
the region and the residents of the state?
b) Result in the loss of availability of a locally
important mineral resource recovery site
delineated on a local general plan, specific
plan or other land use plan?
Explanation:
11a Less Than Significant Impact
Less Than Less Than
Significant Significant
with Mitigation Impact
Incorporated
No
Impact
I
Mineral resources present in the City of Highland include iron, decorative rocks, clay, limestone, sand, and gravel construction aggregate. Based on the City of Highland General Plan, the project site is identified as being within Mineral Resource Zone 3 ( MRZ-3). Per the Phase I Cultural Resource Assessment, "... extensive disturbance from the early 20th century structure and orchard development and their subsequent demolition and clearing makes it highly unlikely that any intact prehistoric resources would be present." Impacts related to this issue would be less than significant impact for the proposed project. No mitigation is required.

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CASE# CUP 21- 006, DRA 21- 004, TPM21- 001, ASR 21- 006 Initial Study 11 b No Impact
The proposed project site is not classified as an area of locally important mineral resource recovery. No impact related to this issue will occur and no mitigation is required.

Mitigation Measures: Not Required
Potentially Less Than Less Than No

12. NOISE Significant Significant Significant Impact
Impact with Mitigation Impact
Would the project result in:

Incorporated
a) Exposure of persons to or generation of Q
noise levels in excess of standards
established in the local general plan or
noise ordinance, or applicable standards
of other agencies?
b) Exposure of persons to or generation of Q
excessive groundborne vibration or
groundborne noise levels?
c) A substantial permanent increase in Q
ambient noise levels in the project vicinity
above levels existing without the project?
d) A substantial temporary or periodic Cl Q
increase in ambient noise levels in the
project vicinity above levels existing
without the project?
e) For a project located within an airport land Q
use plan or, where such a plan has not
been adopted, within two miles of a public
airport or public use airport, would the
project expose people residing or working
in the project area to excessive noise
levels?
f) For a project within the vicinity of a private Q
airstrip, would the project expose people
residing or working in the project area to
excessive noise levels?
Explanation:

Information presented herein is quoted and/ or summarized from the Noise Study, prepared by LDN Consulting, Inc. ( May 13, 2021) and provided for reference in Appendix G. 12a- d No Impact:

Noise is defined as unwanted or annoying sound which interferes with or disrupts normal activities. Exposure to high noise levels has been demonstrated to cause hearing loss. The individual human response to environmental noise is based on the sensitivity of that individual, the type of noise that occurs and when the noise occurs.

City of Highland - Initial Study 34 of 59 August 31, 2021 -51-
CASE# CUP 21- 006, DRA 21- 004, TPM21- 001, ASR 21- 006 Initial Study Sound is measured on a logarithmic scale consisting of sound pressure levels known as a decibel ( dB). The sounds heard by humans typically do not consist of a single frequency but of a broadband of frequencies having different sound pressure levels. The method for evaluating all the frequencies of the sound is to apply an A -weighting to reflect how the human ear responds to the different sound levels at different frequencies. The A -weighted sound level adequately describes the instantaneous noise whereas the equivalent sound level depicted as Leq represents a steady sound level containing the same total acoustical energy as the actual fluctuating sound level over a given time interval.

The Community Noise Equivalent Level ( CNEL) is the 24- hour A -weighted average for sound, with corrections for evening and nighttime hours. The corrections require an addition of 5 decibels to sound levels in the evening hours between 7 p. m. and 10 p. m. and an addition of 10 decibels to sound levels at nighttime hours between 10 p. m. and 7 a. m. These additions are made to account for the increased sensitivity during the evening and nighttime hours when sound appears louder.

A vehicles noise level is from a combination of the noise produced by the engine, exhaust and tires. The cumulative traffic noise levels along a roadway segment are based on three primary factors: the amount of traffic, the travel speed of the traffic, and the vehicle mix ratio or number of medium and heavy trucks. The intensity of traffic noise is increased by higher traffic volumes, greater speeds and increased number of trucks.

Because mobile/traffic noise levels are calculated on a logarithmic scale, a doubling of the traffic noise or acoustical energy results in a noise level increase of 3 dBA. Therefore, the doubling of the traffic volume, without changing the vehicle speeds or mix ratio, results in a noise increase of 3 dBA. Mobile noise levels radiant in an almost oblique fashion from the source and drop off at a rate of 3 dBA for each doubling of distance under hard site conditions and at a rate of 4. 5 dBA for soft site conditions. Hard site conditions consist of concrete, asphalt and hard pack dirt while soft site conditions exist in areas having slight grade changes, landscaped areas and vegetation. On the other hand, fixed/ point sources radiate outward uniformly as it travels away from the source. Their sound levels attenuate or drop off at a rate of 6 dBA for each doubling of distance.

The most effective noise reduction methods consist of controlling the noise at the source, blocking the noise transmission with barriers or relocating the receiver. Any or all of these methods may be required to reduce noise levels to an acceptable level.

The Noise Element of the City of Highland General Plan provides exterior noise standards for the indicated land uses as laid out in Table 3- 1 below. Although the metric indicated for exterior noise standards is a CNEL, because by definition CNELs are a 24- hour average and the land use table assigns varying CNEL thresholds based on time of day it is likely that an hourly Leq might be more appropriate. Nevertheless, these standards are presented below with the caveat that construction activities are exempt as Section 8. 50.060 ( L) of the City of Highland Municipal Code exempts construction noise generated in the performance of work consistent with City permits or approvals.

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CASE# CUP 21- 006, DRA 21- 004, TPM21- 001, ASR 21- 006 Initial Study Table 3- 1: Sound Level Limits in Decibels ( dBA)
Type of Land Use Time Interval CNEL dBA
Residential 10:00 p.m. - 7: 00 a. m. 55
7: 00 a. m. - 10.00 p.m. 60
AgriculturaVEquesthan 10:00 p. m. - 7: 00 a. m. 60
7: 00 a. m.- 10: 0t) p. rn, 65
Conunercial 10:00 p.m. - 7:00 a. m. 65
7: 00 a. m. - 10:00 p.m. 70
Manufacturing or Industrial Any Time 75
Open Space Any Time 75
Source: Chapter 8. 50, Noise Control, City of Highland Municipal Code.

Although the City of Highland guidelines allow residential exterior noise levels of up to 70 dB CNEL, a noise level of 65 dB is the level at which ambient noise begins to interfere with one' s ability to carry on a normal conversation at reasonable separation without raising one' s voice.

The City of Highland General Plan Goal 7. 1 recommends an exterior threshold of 65 dBA CNEL as the compatibility guideline for new residential dwellings in Highland and is used as the guideline for this analysis. However, exterior noise attenuation features could include, but are not limited to, setbacks to place structures outside the 65 dB CNEL noise contour, orienting structures so no windows open to the noise source, and / or installing noise barriers such as berms or solid walls.

Exterior standards apply to normally used recreational exterior space ( patio, porch, pool/ spa, etc.). They are also a guide to likely interior noise exposure based on the structural attenuation normally achievable with various types of construction.

The City of Highland interior noise standard uses a weighted noise exposure of 45 dBA CNEL as the guideline level for single and multi -family dwelling units. Conventional construction with closed windows and a fresh air supply will normally suffice. Normal noise attenuation within residential structures with closed windows is about 25- 30 dB. Therefore, an exterior noise level of up to 70- 75 dB CNEL could allow for the interior threshold to be met with no special noise attenuation features.

The City of Highland is pre- empted from regulating on -road traffic noise. However, when traffic noise exceeds the planning standard for an affected land use, CNEL- based standards are the accepted significance threshold for any CEQA environmental analysis.

In accordance with CEQA, a project should not have a noticeable adverse impact on the surrounding environment. Noise level changes greater than 3 dBA, or a doubling of the acoustic energy, are often identified as audible and considered potentially significant, while changes less than 1 dBA are not discernible. In the range of 1 to 3 dBA, humans who are very sensitive to noise may perceive a slight change. For the purposes for this analysis, a direct and cumulative roadway noise impact would be considered significant if the project increases noise levels at a noise sensitive land use 3 dBA CNEL and if the noise level increases above an unacceptable noise level per the City' s General Plan.

Existing Noise Environment: Monitoring location 1 ( M1) was located roughly 140- feet from the centerline of Base Line Street. The results of the noise level measurements are presented in Table 4- 1. The noise measurements were monitored for a time period of 15 minutes. The existing noise levels in the project area consisted primarily of traffic along Base Line Street.

City of Highland - Initial Study 36 of 59 August 31, 2021 -53-
CASE# CUP 21- 006, DRA 21- 004, TPM21- 001, ASR 21- 006 Initial Study Table 4- 1: Measured Ambient Noise Levels
Future On -Site Operational Noise Levels: Sound from a small, localized source ( a " point" source) radiates uniformly outward as it travels away from the source. The sound level attenuates or drops -off at a rate of 6 dBA for each doubling of distance. A drop- off rate of 6 dBA per doubling of distance was used for this piece of equipment.

The Project must meet the most restrictive daytime and evening standards of 60.0 dBA and 55. 0 dBA at the residential property lines as shown in Table 3- 2 above. Each anticipated noise source is provided in more detail in Tables 5- 2, 5- 3, and 5- 4 below to determine if direct noise impacts will occur. A cumulative noise level analysis with associated distances, noise reductions and calculations of the proposed sources is provided in Table 5- 5 below showing the individual noise sources and their associated property line noise levels.

Table 5- 2: Operational Noise Levels (Tractor Supply)
Reference Reference
Minimum
Source Noise Level Distance
Distance to Duty Cycle
Property Line ( Seconds/ Hour)
Resultant Noise
Level at Property
dBA) ( Feet)
j
Line ( dBA Leq)
Delivery(
Feet
Propane forklift
Standard
Complies
For Table 5-2 the combined noise levels at the adjacent property lines based upon distance separation and limited duty -cycles were projected to be below the City's Noise Ordinance standards with no barriers or shielding of the equipment. Therefore, no impacts are anticipated, and no mitigation is required for the continued operations.

City of Highland - Initial Study 37 of 59 August 31, 2021 -54-
CASE# CUP 21- 006, DRA 21- 004, TPM21- 001, ASR 21- 006 Initial Study Table 5- 3: Delivery Truck Noise Levels ( Grocery Store) For Table 5- 3, there is one loading dock proposed at the grocery facility approximately 65 feet from the closest residential property line to the north. A truck will take approximately 5 minutes to drive in the site and position itself into a bay, 30- 45 minutes to be unloaded or loaded, and another 5 minutes to exit the bay secure doors, complete necessary paperwork and drive out of the site. This equates to 40- 55 minutes it would take for one truck to complete a delivery or pickup, therefore only one truck at the most could deliver to this facility in one hour. During the loading/ unloading of the truck the engine can only idle for five ( 5) minutes in compliance with State air quality requirements. To be conservative, it was assumed the truck engine could be operating for 15 minutes of the total time required during the delivery process ( 5 minutes at arrival, 5 minutes of idle and 5 minutes at departure).

Noise levels drop 3 decibels each time the duration of the source is reduced in half. Therefore, hourly truck noise level over a 15- minute period would be reduced 6 decibels to 60. 5 dBA at a distance of 25-feet based on the limited time of operation. The nearest loading dock at the grocery facility is roughly 65 feet from the nearest residential Fast Food Restaurant: In order to examine the potential stationary noise source impacts associated with the operation of the proposed fast-food restaurants, reference noise levels were used for the menu board and speaker post ( Source: HME Electronics, Inc., HME SPP2 Speaker Post). The reference noise level of the speaker board is 54 dBA CNEL at 32 feet. The future drive-thru speakers are located approximately 350 from the nearest residential property line to the north resulting in an anticipated noise level of approximately 36 dBA. Therefore, the proposed operations of the fast-food restaurants and drive- thru would not exceed the City' s daytime threshold of 60 dBA and the most restrictive nighttime threshold of 55 dBA. Therefore, no additional noise reductions would be required.

City of Highland - Initial Study 38 of 59 August 31, 2021 -55-
CASE# CUP 21- 006, DRA 21- 004, TPM21- 001, ASR 21- 006 Initial Study Table 5- 4: Project HVAC Noise Levels ( Nearest Residential Property Line) Distance to Hourly Noise Noise Noise Property
Observer
Reference Source Reduction Level at Line
Building
Location
Noise Reference Due to Property Quantity Cumulative
Feet)
Level
dBA)
Distance
Feet)
Distance
dBA)
Line
dBA)
Noise Level
dBA)*
Tractor
Supply1 1 I 1
Tractor
Supply 1 1
Tractor
Supply• 1 1 1
For Table 5- 4, To predict the worst -case future noise environment, a continuous reference noise level of 67 dBA at 6- feet was used to represent the mechanical ventilation system for the smaller units and a reference noise level of 76. 0 dBA at 3- feet ( or 70 dBA at 6- feet) for the larger units. Even though the mechanical ventilation system will cycle on and off throughout the day, this approach presents the worst -case noise condition. In addition, these units are designed to provide cooling during the peak summer daytime periods, and it is unlikely that all the units will be operating continuously.

The noise levels associated with the roof -top mechanical ventilation systems will be limited with the proposed parapet walls on each building that will vary in height but will be roughly 1- foot higher than the HVAC units to shield them both visually and acoustically. Hence, the parapet wall will block the line -of -sight from the adjacent residential units. No additional reductions were taken for the parapet walls. The noise level reductions due to distance for the nearest residential uses located to the north is provided in Table 5- 4 below for each building.

The number of HVAC units that are proposed for each building is also provided in Table 5- 4 along with the cumulative noise levels.

Cumulative Project Noise Levels: Table 5- 5 below presents the cumulative noise levels at the nearest residential property line from the proposed commercial development during the daytime hours.

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CASE# CUP 21- 006, DRA 21- 004, TPM 21- 001, ASR 21- 006 Initial Study Table 5- 5: Cumulative Daytime Noise Levels ( Nearest Residential Property Line) Houdy
No
Reduction
Sourceto
Noise Level
Source Reduction
Duty Cycle
Level at
Property
Line
Location
Feet)
dBA)
Distance
Feet)
Distance
dBA)
d BA)
Line
d BA)
Noise Level
dBA)-
Tractor
Supply 150 87. 0 4 31. 5 13. 8 41. 7 1 41.7
Deliveries
Propane
Forklift 150 77. 0 5 29. 5 7.8 39. 7 1 39. 7
Vertical
Baler
70 90. 0 5 22. 9 10. 8 56. 3 1 56.3
Grocery
Delive
65 60. 5 25 8. 3 0. 0 52. 2 1 52. 2
Speaker
Board
350 54. 0 32 20.8 0. 0 33. 2 2 36.2
Tractor
Supply 140 76. 0 3 33A 0. 0 42. 6 2 45. 6
10- ton
Tractor
Supply 35 67. 0 3 21. 3 0. 0 45. 7 1 45. 7
3- ton
Tractor
Supply 160 67. 0 3 34. 5 0. 0 32. 5 1 32. 5
3- ton
Grocery 10-
ton
70 76. 0 3 27. 4 0. 0 48. 6 1 48. 6
Grocery
3- ton
70 67. 0 6 21. 3 0. 0 45. 7 1 45. 7
Drive- Thru
3- ton
370 67. 0 6 35. 8 0.0 31. 2 4 37. 2
Drive- Thru
3- ton
370 67. 0 6 35. 8 0.0 31. 2 4 37. 2
Combined Cumulative Noise Level at Property Line: 59. 1 The resultant cumulative noise level at the nearest property lines is projected to be at or below

59. 1 dBA Leq. Therefore, cumulatively the proposed commercial development related operational noise levels comply with the daytime noise standards at the nearest residences.

No Impacts are anticipated, and no mitigation is required.

Based upon the property line noise levels determined for the Project none of the proposed noise sources exceeds the property line standards. Therefore, the proposed development related operational noise levels comply with the City' s daytime and evening noise standards.

No impacts are anticipated, and no mitigation is required.

Offsite Project Related Transportation Noise Levels: To determine if direct or cumulative off -site noise level increases associated with the development of the proposed project would create noise impacts, the traffic volumes for the existing conditions were compared with the traffic volume increase of existing plus the proposed project. The project is estimated to generate 3, 363 daily trips with a peak hour volume of 298 trips. The existing average daily traffic (ADT) volumes on Base Line Street is more than several thousand ADT. Typically, it requires a project to double ( or add 100%) the traffic volumes to have a direct impact of 3 dBA CNEL or be a major contributor to the cumulative traffic volumes, therefore, no direct or cumulative impacts are anticipated. Of the project generated traffic, the residential portion of the project accounts for 75 of these daily trips and would not have a significant contribution to City of Highland - Initial Study 40 of 59 August 31, 2021 -57-
CASE# CUP 21- 006, DRA 21- 004, TPM21- 001, ASR 21- 006 Initial Study the neighborhood roadways.

The project does not create a direct noise increase of more than 3 dBA CNEL along Base Line Street and local area roadways. Therefore, the project's direct contributions to off -site roadway noise increases will not cause any significant impacts to any existing or future noise sensitive land uses. No mitigation is required.

Construction Noise. Section 15. 48.030 of the Highland Municipal Code prohibits construction activities to commence any earlier than one- half hour before sunrise or to terminate no later than one- half hour after sunset Monday through Sunday. As a condition of approval, non - emergency construction activities adjacent to existing noise sensitive uses should be limited to daylight hours between 7: 00 a. m. and 6: 00 p. m. Construction on weekends or holidays are to be discouraged except in the case of construction proximate to schools where these operations could disturb the classroom environment.

Pursuant to Section 8. 50. 060 ( Exemptions), noise associated with " construction, repair, or excavation work performed pursuant to a valid written agreement with the city or any of its political subdivisions, which agreement provides for noise mitigation measures", is exempt.

Operational Noise. Although exempt from numerical noise standards, The Noise Element provides the following exterior noise standards for the indicated land uses. Although the metric indicated for exterior noise standards is a CNEL, because by definition CNELs are a 24-hour average and the land use table assigns varying CNEL thresholds based on time of day it is likely that an hourly Leq might be more appropriate. Nevertheless, these standards are presented below with the caveat that construction activities are exempt.

Although the City of Highland guidelines allow residential exterior noise levels of up to 70 dB CNEL, a noise level of 65 dB is the level at which ambient noise begins to interfere with one' s ability to carry on a normal conversation at reasonable separation without raising one' s voice.

The City of Highland General Plan Goal 7. 1 recommends an exterior threshold of 65 dBA CNEL as the compatibility guideline for new residential dwellings in Highland and is used as the guideline for this analysis. However, exterior noise attenuation features could include, but are not limited to, setbacks to place structures outside the 65 dB CNEL noise contour, orienting structures so no windows open to the noise source, and / or installing noise barriers such as berms or solid walls.

Exterior standards apply to normally used recreational exterior space ( patio, porch, pool/ spa, etc.). They are also a guide to likely interior noise exposure based on the structural attenuation normally achievable with various types of construction.

The City of Highland interior noise standard uses a weighted noise exposure of 45 dBA CNEL as the guideline level for single and multi -family dwelling units. Conventional construction with closed windows and a fresh air supply will normally suffice. Normal noise attenuation within residential structures with closed windows is about 25- 30 dB. Therefore, an exterior noise level of up to 70- 75 dB CNEL could allow for the interior threshold to be met with no special noise attenuation features.

In accordance with CEQA, a project should not have a noticeable adverse impact on the surrounding environment. Noise level changes greater than 3 dBA, or a doubling of the acoustic energy, are often identified as audible and considered potentially significant, while changes less than 1 dBA are not discernible. In the range of 1 to 3 dBA, humans who are very City of Highland - Initial Study 41 of 59 August 31, 2021 -58-
CASE# CUP 21- 006, DRA 21- 004, TPM 21- 001, ASR 21- 006 Initial Study sensitive to noise may perceive a slight change. For the purposes for this analysis, a direct and cumulative roadway noise impact would be considered significant if the project increases noise levels at a noise sensitive land use 3 dBA CNEL and if the noise level increases above an unacceptable noise level per the City's General Plan." 12e No Impact:

The San Bernardino International Airport Layout Plan Narrative Report dated September 22, 2010, was compared to the project site location. According to the report the project is located approximately one mile from the 65 dBA CNEL noise contour for the airport. Therefore, no impacts from the existing airport are anticipated at the project site." 12f No Impact:

The proposed project site is not located within the vicinity of a private airstrip; therefore, no impact associated with this issue would occur and mitigation is not required.

Mitigation Measures: Not Required
Potentially Less Than Less Than No

13. POPULATION AND HOUSING -- Would Significant Significant Significant Impact the project: Impact with Mitigation Impact
Incorporated
a) Induce substantial population growth in an 0
area, either directly ( for example, by
proposing new homes and businesses) or
indirectly ( for example, through extension
of roads or other infrastructure)?
b) Displace substantial numbers of existing 0
housing, necessitating the construction of
replacement housing elsewhere?
c) Displace substantial numbers of people,
necessitating the construction of
replacement housing elsewhere?
Explanation:
13a Less Than Significant Impact:

The project proposed will create 5 commercial buildings, 21 multi -family residential units, and one single- family residence. The project site is surrounded by existing developed property and a severe housing shortage. While the proposed project will generate housing and jobs, both of which are factors that contribute to population growth, the project is not expected to produce substantial population growth that is over the intended amount allowed by the General Plan. A majority of the property is zoned MU, with a small remainder portion zoned R- 1. The R- 1 zoned area will be developed as the singe -family residence. The MU area will be subdivided into individual lots and will contain the commercial and multi -family portions of the project.

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CASE# CUP 21- 006, DRA 21- 004, TPM21- 001, ASR 21- 006 Initial Study The MU zoning has a maximum residential density of 18 dwelling units per acre. The proposed parcel where the 21- unit multi -family development will occur is 1. 72 acres, which allows for 30. 96 dwelling units. The proposed density is substantially less than the allowable density, thus the impact in regards to this issue would be less than significant with no mitigation required.

The MU zoning also has a maximum lot coverage of 100%. The proposed parcels containing commercial structures will have 18%, 22%, 9%, 12% and 17% based on the proposed plan.

The total lot coverage over the commercial portions of the project is only 19%. The proposed project would not create such a large amount o new business as to cause a substantial population growth. Thus, impacts related to this issue would be less than significant with no mitigation required.
13b No Impact:

The proposed project site is currently vacant property. No housing would be removed as part of the project. There are no impacts related to this issue and no mitigation is necessary. 13c No Impact:

The proposed project site is currently vacant property. Because the proposed project would not result in removal of housing, or any structures causing the displacement of people, the construction of replacement housing is not required. Therefore, no impacts associated with this issue would occur and no mitigation is required.

Mitigation Measures: Not required

14. PUBLIC SERVICES
Would the project result in substantial
adverse physical impacts associated with the
provision of new or physically altered
governmental facilities, need for new or
physically altered governmental facilities, the
construction of which could cause significant
environmental impacts, in order to maintain
acceptable service ratios, response times or
other performance objectives for any of the
public services:
a) Fire protection?
b) Police protection?
c) Schools?
d) Parks?
e) Other public facilities?
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact with Mitigation Impact
Incorporated
Z
0 Q
City of Highland - Initial Study 43 of 59 August 31, 2021 -60-
CASE# CUP 21- 006, DRA 21- 004, TPM 21- 001, ASR 21- 006 Initial Study Explanation:
14a Less Than Sianificant Impact:

The City of Highland Fire Department provides fire protection services for the project site. The closest fire station to the project site is Station 541 at 29674 Base Line, which is approximately

0. 6 miles Southwest of the project site. The proposed project would cause an incremental increase in the need for fire service due to the development of new multi -family units and commercial businesses, however, this increase in fire service would not create the need for new or expanded fire stations. In addition, the proposed project would pay all applicable development impact fees to the City, which would assist in fair share funding of any future development of fire facilities. For these reasons, the project would have a less than significant impact in regards to this issue. No mitigation is required. 14b Less Than Significant Impact:

The project site is serviced by the Highland Police Department located at 26985 Base Line, which is approximately 0.7 miles away. With development of the proposed multi -family units and commercial businesses, the proposed project would cause an incremental increase in the need for police service. However, this increase in police service would not create the need for new or expanded police stations at this time. In addition, the proposed project would pay all applicable development impact fees to the City, which would assist in the payment for any future development of police facilities. For these reasons, the project would have a less than significant impact in regards to this issue. No mitigation is required. 14c. Less Than Sianificant Impact
The proposed project is located within the San Bernardino City unified School District and would increase the number of school -age children as the project includes the construction of new residential units. However, the project respects the General Plan for this area as well as the density allowed within the zoning and is creating a total of 22 residential units. This is not expected to substantially increase the number of student -aged residents within the district.

The project would not create the need for new or expanded school facilities. In addition, the proposed project would pay all applicable local school district impact fees, which would assist in the payment for any future development of school facilities. For these reasons, the project would have a less than significant impact in regards to this issue. No mitigation is required. 14d Less Than Significant Impact:

The proposed project would include new multi -family units with no on -site recreational facilities proposed; thus, payment of impact fees per unit would be required to provide fair share funding for the construction of new or expanded recreational facilities within the City of Highland. With payment of impact fees, a less than significant impact would occur under this threshold. No mitigation is required.
14e Less Than Significant Impact:

As referenced, the project would pay all applicable development impact fees to the City, which would assist in funding any future development of public facilities. Therefore, the project City of Highland - Initial Study 44 of 59 August 31, 2021 -61-
CASE# CUP 21- 006, DRA 21- 004, TPM 21- 001, ASR 21- 006 Initial Study would have a less than significant impact in regards to this issue. No mitigation is required.

Mitigation Measures: Not Required

15. RECREATION
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact with Mitigation Impact
Incorporated
a) Would the project increase the use of
existing neighborhood and regional parks
or other recreational facilities such that
substantial physical deterioration of the
facility would occur or be accelerated?
b) Does the project include recreational
facilities or require the construction or
expansion of recreational facilities, which
might have an adverse physical effect on
the environment?
Explanation:
15a, b Less than Significant Impact:

The project proposed will create 5 commercial buildings, 21 multi -family residential units, and one single- family residence. The property does have an existing trail system along the frontage of Base Line Road and proposed to construct a common use corner plaza with a historic pathway sign at the corner of Base Line Road and Church Avenue. The addition of new residents inhabiting the multi -family units would potentially increase the use of existing recreational facilities. No recreational resources are proposed as part of the project except for connection to the existing trail and the signage. Highland Community Park is located 1. 4 miles southwest from the proposed development. While the project does not propose direct access to this park, the applicant would be required to pay development impact fees in addition to dedication of the trail easement. This would provide fair share funding for construction or maintenance of park facilities. Impacts related to this threshold would be less than significant in regards to this issue. No mitigation is required.

Mitigation Measures: Not Required
City of Highland - Initial Study 45 of 59 August 31, 2021 -62-
CASE# CUP 21- 006, DRA 21- 004, TPM 21- 001, ASR 21- 006 Initial Study

16. TRANSPORTATION/ TRAFFIC -- Would
the project:
a) Cause an increase in traffic, which is
substantial in relation to the existing traffic
load and capacity of the street system ( i. e.,
result in a substantial increase in either the
number of vehicle trips, the volume to
capacity ratio on roads, or congestion at
intersections)?
b) Exceed, either individually or cumulatively,
a level of service standard established by
the county congestion management
agency for designated roads or highways?
c) Result in a change in air traffic patterns,
including either an increase in traffic levels
or a change in location that results in
substantial safety risks?
d) Substantially increase hazards due to a
design feature ( e. g., sharp curves or
dangerous intersections) or incompatible
uses ( e.g., farm equipment)?
e) Result in inadequate emergency access?
f) Result in inadequate parking capacity?
g) Conflict with adopted policies, plans, or
programs supporting alternative
transportation ( e. g., bus turnouts, bicycle
racks)?
Explanation:

Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact with Mitigation Impact
Incorporated
0 Z
Z
0 C1
0 - 1
Information presented herein is quoted and/ or summarized from the VMT Memo, prepared by TJW Engineering, Inc. ( May 3, 2021) and the Traffic Impact Analysis, prepared by TJW Engineering, Inc. ( May 3, 2021), both of which are provided for reference in Appendix H. 16a- b Less than Significant Impact with Mitigation Incorporated:

The project proposed will create 5 commercial buildings, 21 multi -family residential units, and one single- family residence. Access to the retail portion of the site is planned along Base Line via one proposed right -in right -out driveway and one existing full -access driveway. Access to the retail portion of the site is also planned along Church Avenue via one full -access driveway.

Additionally, access to the retail portion of the site is planned on Foster Avenue via one full - access driveway. Access for the multi -family apartments is planned along Foster Avenue.

Access for the single-family dwelling units is planned along Villa Avenue.

City of Highland - Initial Study 46 of 59 August 31, 2021 -63-
CASE# CUP 21- 006, DRA 21- 004, TPM21- 001, ASR 21- 006 Initial Study The project proponent' s traffic engineer prepared a scoping letter on March 25, 2021, which the city approved on March 30, 2021. The scoping agreement laid out the requirements for a Traffic Impact Analysis which included the study of the project' s potential impacts on eight (8) separate intersections, using five ( 5) analysis scenarios. The agreement also specified the trip generation to be used for analysis as well as the pass -by allowances for various uses. Trip generation is shown in the following table:

Existing Trip Generation Proposed Trip Generation
In Out Total In Out Total
AM Trips 181 165 346
PM Trips 207 193 400
Daily 5, 196
A subsequent Traffic Impact Analysis was prepared for the project studying the items as required in the Scoping Letter.

Level of Service ( LOS) is commonly used to describe the quality of flow on roadways and at intersections using a range of LOS from LOS A (free flow with little congestion) to LOS F severely congested conditions). The definitions for LOS for interruption of traffic flow differ depending on the type of traffic control ( traffic signal, unsignalized intersection with side street stops, unsignalized intersection with all -way stops).

Senate Bill ( SB) 743 was adopted in 2013 requiring the Governor' s Office of Planning and Research ( OPR) to identify new metrics for identifying and mitigating transportation impacts within the California Environmental Quality Act ( CEQA). For land use projects, OPR has identified Vehicle Miles Traveled ( VMT) as the new metric for transportation analysis under CEQA. The regulatory changes to the CEQA guidelines that implement SB 743 were approved on December 28th, 2018 with an implementation date of July 1 st, 2020 as the new metric.

For general plan consistency, a level of service analysis has been conducted. The City of Highland has established LOS D as the target level of service for intersections within the city jurisdiction. Additionally, all intersection levels of service below " D" and all segment levels of service below " C" shall be mitigated.

For VMT purposes, guidelines set forth by the SBCTA will be followed to identify and mitigate transportation impacts within the California Environmental Quality Act ( CEQA).

Existing Conditions Intersection Los Analysis: Existing conditions AM and PM peak hour intersection analysis is shown in Table 4 below.

City of Highland - Initial Study 47 of 59 August 31, 2021 -64-
CASE# CUP 21- 006, DRA 21- 004, TPM21- 001, ASR 21- 006 Initial Study Table 4
Intersection Analysis - Existing Conditions
Intersection Control Type Peak Hour
Existing Conditions
Delay' LOS
1 Central Base Line Signal
AM 10. 8 B
PM 13. 6 B
2 Palm Foster OWSC
AM 10. 5 B
PM 16. 7 C
3 Palm Base Line Signal
AM 27. 8 C
PM 32. 9 C
4 Bonita/ Ex. Dwy Base Line TWSC
AM 20. 2 C
PM 63.4 F
5 Church Base Line Signal
AM 15. 3 B
PM 20. 7 C
6 1- 210 EB Ramps Base Line Signal
AM 23. 1 C
PM 20. 3 C
7 1- 210 WB Ramps Base Line Signal
AM 21. 5 C
PM 27. 9 C
8 Seine Base Line Signal
AM 24. 6 C
PM 29. 5 C
Note: AWSC = All- Way Stop -Control, OWSC = One -Way Stop Control, Delay shown in seconds per vehicle.

Per the Highway Capacity Manual 6"' Cdition, overall average delay and LOS are shown for signalized and all way stop -controlled intersections. For intersections with one -or -two-way stop -control, the delay and IOS for the worst individual approach is shown.

As shown in Table 4, the study intersections are currently operating at an acceptable LOS during the AM and PM peak hours for existing conditions with the exception of intersection # 4 Bonita Drive/ Base Line ( LOS F PM Peak Hour).

Opening Year Conditions Intersection Los Analysis: Opening year AM and PM peak hour intersection analysis is shown in Table 8 below both with " no" project ( OYNP) and with project OYWP). Calculations for OYNP were based on the existing geometries at the study area intersections as shown in Exhibit 3 of the Traffic Impact Analysis. HCM analysis sheets are provided in Appendix C of the Traffic Impact Analysis.

Opening year with project volumes include background traffic plus the addition of traffic projected to be generated by the proposed project. For the purposes of this study, the year 2023 will be used as the expected opening year. Opening year with project volumes include a growth rate of 2% per year for two years applied to existing volumes in addition to project volumes.

Study intersections along Base Line within one-fourth of a mile have been analyzed as a coordinated system. Appendix D of the Traffic Impact Analysis contains time -space diagrams showing the flow of traffic along the Base Line corridor for opening year with project conditions.

City of Highland - Initial Study 48 of 59 August 31, 2021 -65-
CASE# CUP 21- 006, DRA 21- 004, TPM21- 001, ASR 21- 006 Initial Study Table 8
Intersection Analysis - Opening Year With Project ( OYWP) Conditions Intersection Control Type
Peak
Hour
OYNP
Conditions
OYWP
Conditions Change Deficient.

Delay' LOS Delay' LOS
1 Central Base Line Signal
AM 10. 9 B 11. 3 B 0. 4 No
PM 14. 0 B 14. 8 B 0. 8 No
2 Palm Foster OWSC
AM 10. 6 B 11. 5 B 0. 9 No
pM 17. 4 C 22. 7 C 5. 3 No
3 Palm Base Line Signal
AM 27. 9 C 27. 7 C 0. 2 No
PM 33. 7 C 34. 7 C 1. 0 No
4 Bonita/ Ex. Dwy Base line TWSC
AM 21. 1 C 22. 0 C 0. 9 No
PM 73. 0 F 132. 0 F 59. 0 Yes
5 Church Base Line Signal
AM 15. 5 B 25. 1 C 9. 6 No
PM 21. 5 C 35. 3 D 13. 8 No
6 I- 210 EB Ramps Base Line Signal
AM 23. 1 C 23. 4 C 0. 3 No
PM 19. 7 B 21. 3 C 1. 6 No
7 1- 210 WB Ramps Base Line Signal
AM 18. 9 B 19. 5 B 0. 6 No
pM 23. 3 C 24. 1 C 0. 8 No
8 Seine Base Line Signal
AM 23. 7 C 23. 9 C 0. 2 No
PM 26. 4 C j 27. 1
C 0. 7 No
9 Dwy 1 Base Line OWSC
AM 11. 4 B No
PM 14. 6 B No
10 Church Dwy 2
OWSC
AM 9. 7 A No
PM 10. 9 B No
Note: AWSC = All- Way Stop -Control, OWSC = One -Way Stop Control, Delay shown in seconds per vehicle. 1 - Per the Highway Capacity Manual 6", Edition, overall average delay and LOS are shown for signalized and all -way stop controlled intersections. For intersections with one or two way stop control, the delay and LOS for the worst individual approach is shown.

As shown in Table 8, the study intersections are projected to continue operating at an acceptable LOS during the AM and PM peak hours for existing conditions with the exception of intersection # 4 - Bonita Drive/ Base Line, which is still operating at LOS F during PM Peak Hour.

Future Year (2040) Conditions Intersection Los Analysis: Future year conditions AM and PM peak hour intersection analysis is shown in Table 10 below both with " no" project ( OYNP) and with project ( OYWP).. HCM analysis sheets are provided in Appendix C of the Traffic Impact Analysis. Future year volumes include background traffic expected in the surrounding area. For the purposes of this study, the year 2040 will be used as the future yer. Future year volumes include a growth rate of 2% per year for 19 years applied to existing volumes.

City of Highland - Initial Study 49 of 59 August 31, 2021 -66-
CASE# CUP 21- 006, DRA 21- 004, TPM21- 001, ASR 21- 006 Initial Study Table 10
Intersection Analysis - Future Year With Project ( 2040WP) Conditions Intersection Control Type
Hour
Peak
204ONP
Conditions
204OWP
Conditions Change Deficient?
Delay' LOS Delay' LOS
1 Central Base Line Signal
AM 11. 7 B 12. 2 B 0. 5 No
PM 18. 3 B 19. 5 B 1. 2 No
2 Palm Foster OWSC
AM 11. 5 B 12. 7 B 1. 2 No
PM 29. 3 D 38.4 E 9. 1 Yes
3 Palm Base Line Signal
AM 29. 4 C 29. 7 C 0. 3 No
PM 48. 5 D 53. 5 D 5. 0 No
4 Bonita/ Ex. Dwy Base Line TWSC
AM 36. 9 E 39. 6 E 2. 6 Yes
pM 414. 9 F 805. 6 F 390. 7 Yes
5 Church Base Line Signal
AM 18. 6 B 28. 6 C 10. 0 No
PM 32. 3 C 63. 4 E 31. 1 No
6 1- 210 EB Ramps Base Line Signal
AM 25. 7 C 26. 6 C 0. 9 No
PM 24. 0 C 25. 1 C 1. 1 No
7 1- 210 WB Ramps Base Line Signal
AM 24. 5 C 25. 0 C 0. 5 No
PM 47. 6 D 50. 5 D 2. 9 No
8 Seine Base Line Signal
AM 29. 4 C 30. 1 C 0. 7 No
PM 51. 5 D 54. 5 D 3. 0 No
9 Dwy 1 Base Line OWSC
AM 12. 9 B No
PM 19. 3 C No
10 Church Dwy 2
OWSC
AM 10. 1 B No
PM 11. 0 B No
Note: AWSC = Ail• Way Stop - Control, OWSC = One - Way Stop Control, Delay shown in seconds per vehicle. 1 = Per the Highway Capacity Manual 6" Edition, overall average delay and LOS are shown for signalized and all -way stop -controlled intersections. For intersections with one or two way stop -control, the delay and LOS for the worst individual approach is shown.

As shown in Table 10, the study intersections are projected to continue to operate at an acceptable LOS during the AM and PM peak hours for future year conditions with the exception intersections # 2 - Palm Ave/ Foster Ave ( LOS E PM Peak Hour), # 4 - Bonita Drive/ Base Line ( LOS E AM Peak Hour/ LOS F PM Peak Hour); and # 5 - Church Ave/ Base Line ( LOS E PM Peak Hour). Notably, only intersection #2 - Palm Ave/ Foster Ave has a change in LOS as a result of the project.

Mitigation Recommendations: Although the project will only directly cause an LOS deficiency at one intersection based on the Future Year, it has indirect impacts on the other two affected intersections. Mitigation measures TRA- 1, TRA- 2, and TRA- 3 are recommended to bring the LOS below the threshold. Results of recommended mitigation is summarized in Table 11 below.

City of Highland - Initial Study 50 of 59 August 31, 2021 -67-
CASE# CUP 21- 006, DRA 21- 004, TPM21- 001, ASR 21- 006 Initial Study Table 11
Intersection Analysis — Scenarios with Recommended Improvements Intersection
Ex. Control
Type
Scenario
Peak
Hour
Delay' LOS
With Recommended
Improvements
Control Type Delay' LOS
Z Palm Foster OWSC 2040WP
AM 12. 7 B
OWSC

12. 6 B
PM 38. 4 E 31. 1 D
AM 22. 0 C 8. 3 A
OYW P
PM 132. 0 F 10. 3 A
Signal
AM 39. 6 E 8. 1 A
4 Bonita/ Ex.

Dwy
Base
Line
TWSC
2040 W P
PM 805. 6 F 10. 9 B
OYWP
AM 22. 0 C 10. 5 B
PM 132. 0 F 12. 5 B
TWSC
2040 W P
AM 39. 6 E 11. 6 B
PM 805. 6 F 15. 0 C
5 Church
Base
Line
Signal 2040WP
AM 28. 6 C
Signal

26. 5 C
PM 63. 4 E 43. 0 D
1 = Per the Highway Capacity Manual 6th Edition, overall average delay and LOS are shown for signalized and all -way stop -controlled intersections.

Table 11 shows level of service at the intersections with the recommended improvements. For the intersection of Bonita Dr -Ex. Driveway/ Base Line, Table 11 shows the level of service for both potential improvements. As shown, with the recommended improvements, the intersections are projected to operate at an improved LOS. Ultimately, appropriate mitigation measures shall be constructed in compliance with the City of Highland General Plan or as directed by the City Engineer.

Fair Share: The proposed project is located within the City of Highland and will therefore be subject to the City' s Development Impact Fees ( DIF) and a fair share contribution to project deficiencies.

The proposed project could participate in the cost of off -site improvements through payment of City DIF fees based on the current fees at the time of construction of the proposed project.

The project' s contribution to the aforementioned transportation impact fee programs or as a fair share contribution towards a cumulatively deficient facility not found to be covered by a pre- existing fee program should be considered sufficient to address the project' s fair share towards mitigation measure( s) designed to alleviate cumulative project deficiencies. Table 12 calculates the proposed project' s fair share percentage at deficient intersections.

Table 12
Fair Share Calculations
Existing y
204OWP AM & PM Peak Hour
AM& PM
Intersection
Peak Hour Total Volume ( B)
Project Fair Share
Volume ( A)
Volume ( C) C)/( B A)
2 Palm foster 100. 00%
4 Bonita/ Ex. Dwy Base Line 2976 4597 322 1

19. 86%
5 Church Base Line I 1 100. 00%
Note: Fair Share for a direct deficiency is assumed to be 1001/.

VMT Analysis: The results of the SBCTA Screening Tool show the proposed project is completely within a transit priority area ( TPA) and is within a low VMT generating traffic City of Highland - Initial Study 51 of 59 August 31, 2021 -68-
CASE# CUP 21- 006, DRA 21- 004, TPM 21- 001, ASR 21- 006 Initial Study analysis zone. Appendix A contains the results of the SBCTA Screening Tool. Since the proposed project passes the SBCTA Screening process, the proposed project is assumed to have a less than significant impact and no further VMT analysis is needed." Because the proposed project would add traffic to the existing roadway system in the area, and the analysis shows that LOS levels would increase above the threshold, impacts would be considered potentially significant. Implementation of TRA- 1, TRA- 2, and TRA- 3 will reduce the potential for significant impacts to less than significant. Impacts for this issue are considered less than significant with mitigation incorporated. 16c No Impact:

Although the project is located within the Influence Area of the San Bernardino International Airport, it is within Airport Overlay Zone " E — Airport Influence Zone — Negligible Risk Level" for SBIA. Safety Zone E has no density limit in people per acre and no maximum lot coverage 100) as set forth in Table 16. 40. 410.A of the Highland Municipal Code. Additionally, the proposed commercial, multi -family, and single-family uses are denoted as " SR" within Table

16. 40. 410. A. Where the symbol " SR" appears in the column beneath an airport safety zone, the use is compatible. Use is acceptable without safety -related conditions ( noise, airspace protection, and/ or overflight limitations may apply).

The proposed project would not cause any changes to air traffic volumes or air traffic patterns.

Therefore, no impact related to this issue would occur and no mitigation is required. 16d No Impact:

Roadway improvements in and around the project site have been completed to full -width standards, per the City requirements and standards regarding street widths, corner radii, intersection control, and incorporate design standards tailored specifically to site access requirements. The proposed primary entrances align with existing development to ensure the flow of traffic is not interrupted as well as adequate site distance is maintained. Additionally, the project proposed commercial public access drive aisles connecting various access point, potentially reducing traffic hazards. Therefore, no impact to this issue is expected and no mitigation is required.
16e No Impact:

The proposed project would be designed, constructed, and maintained to provide for adequate emergency access and evacuation as well as circulation. The proposed project design will be submitted to and reviewed by the City of Highland Fire Department and Highland Police Departments as required, prior to the approval and issuance of construction permits. A less than significant impact related to this issue would occur and no mitigation is required. 16f No Impact:

The project proposed to construct a Tractor Supply Company store and has requested a reduction in parking requirements associated with this tenant. The project Traffic Engineer submitted a Parking Demand Memorandum dated May 3, 2021, outlining the proposed use.

The memorandum analyzed existing Tractor Supply stores and determined that peak weekday demand and weekend demand at the Tractor Supply Store is expected to be 44 and 55 total spaces, respectively. The Traffic Engineer concluded that "while the municipal code requires a City of Highland - Initial Study 52 of 59 August 31, 2021 -69-
CASE# CUP 21- 006, DRA 21- 004, TPM 21- 001, ASR 21- 006 Initial Study total of 96 total parking spaces, the proposed 87 total parking spaces is anticipated to adequately accommodate the peak parking demand expected at the Tractor Supply Store." In addition to the memorandum, the Tractor Supply site layout includes a 20' x 150' Permanent Trailer and Equipment Display Area along the east side of the building. This area can be used for an additional 15 parking spaces should the tenant change and more parking were required, thus exceeding the required 96 parking spaces.

Otherwise, on -site parking will be more than adequate per the City of Highlands parking matrix for the existing zoning and density limits for the rest of the development. With the approval of the parking reduction requested, no adverse parking impacts would occur as a result of project implementation. Thus, this impact is considered less than significant in regards to this issue.

No mitigation is required.
16g Less Than Significant Impact:

Transit services in the City of Highland is provided by OmniTrans. Within . 5 mile of the proposed project site, there are eight (8) public transportation bus stops, including one ( 1) along the project frontage of Base Line Road. The project also proposes short term bike parking as required.

The project will not conflict with adopted transportation policies. Any impacts associated with this issue would be less than significant. No mitigation is required.

Mitigation Measures:

TRA- 1: Palm Ave/ Foster Ave — Restripe intersection to include one left -turn lane and one right - turn lane at the Foster Avenue westbound approach. Existing Foster Avenue width can accommodate proposed improvements.

TRA- 2: Church Ave/ Base Line — Restripe intersection to include two left -turn lanes and one shared through - right lane at the Church Avenue southbound approach. Existing Church Avenue width can accommodate proposed improvements.

TRA- 3: Bonita Dr- Driveway/ Base Line — Signalize intersection or restrict left turn/ through movements out of the existing southbound driveway during the PM peak hour. It should be noted that signalizing the existing intersection reduces LOS to acceptable levels, however peak hour signal warrants are not met for any with or without project scenarios. A signal at the existing intersection would not meet ideal signalized intersection spacing of 660' feet. It should also be noted that left turn/through movements out of the existing southbound driveway are not restricted even though the intersection is operating at an unacceptable LOS during the PM peak hour.

City of Highland - Initial Study 53 of 59 August 31, 2021 -70-
CASE# CUP 21- 006, DRA 21- 004, TPM21- 001, ASR 21- 006 Initial Study Potentially Less Than Less Than No
Significant Significant Significant Impact

17. TRIBAL CULTURAL RESOURCES_ - Impact with Mitigation Impact Would the project result in Incorporated
a) Would the project cause a substantial
adverse change in the significance of a
tribal cultural resource, defined in Public
Resources Code section 21074 as either
a site, feature, place, cultural landscape
that is geographically defined in terms of
the size and scope of the landscape,
sacred place, or object with cultural value
to a California Native American tribe, and
that is:
i) Listed or eligible for listing in the California Q
Register of Historical Resources, or in a
local register of historical resources as
defined in Public Resources Code section
5020. 1( k), or
ii) A resource determined by the lead agency, Q
in its discretion and supported by
substantial evidence, to be significant
pursuant to criteria set forth in subdivision
c) of Public Resources Code Section
5024. 1. In applying the criteria set forth in
subdivision ( c) of Public Resource Code
Section 5024. 1, the lead agency shall
consider the significance of the resource
to a California Native American tribe.

Explanation:

Information presented herein is quoted and/ or summarized from the Phase I Cultural Resource Assessment, prepared by Heritage Resources (April 30, 2021) and provided for reference in Appendix C.
17a i- ii) No Impact:

The project site is located within the territory traditionally claimed by the Serrano and possibly by the Gabrielino- Tongva and Cahuilla. Prehistoric use of the area appears to have been minimal based on the lack of archaeological sites recorded at the SCCIC within 0. 5 mile, although natural and historic disturbances have likely contributed to this lack of data. The majority of historic use was focused on orchard agriculture and the associated structures of the Highland Historic District that is listed on the National Register of Historic Places.

Four cultural resource studies are documented at the SCCIC as having been completed within one -quarter mile of the Project Direct -Impact APE, one related to the telecommunications tower at the northwest corner of the property. Only one survey had positive results, Base Line Road P- 36- 15497), a California Point of Historical Interest. As noted on the DPR- 523 Resource Record Form for Baseline Road, " While Baseline Road is historically associated with the Southern California Baseline of 1853, the survey line itself is an imaginary map line with no physical manifestation of it or the survey markers located within or adjacent to the Project City of Highland - Initial Study 54 of 59 August 31, 2021 -71-
CASE# CUP 21- 006, DRA 21- 004, TPM21- 001, ASR 21- 006 Initial Study alignment" ( Smallwood 2014). In addition, " Baseline Road began as a dirt wagon road for freight traffic, and today is a modern, six -lane asphalt -concrete roadway completely modern in its appearance, design, construction, and materials." Baseline Road lacks integrity to be eligible for the National Register. Two additional resources have been otherwise recorded, the North Fork Main Canal ( P- 36- 006544/ P- 36- 15487), determined ineligible for the National Register of Historic Places and the Highland Historic District ( P- 36- 15491) containing over 100 structures either listed on or determined eligible for the National Register of Historic Places as described above.

As of April 30, 2021, three responses to the mailed letters and follow- up emails were received.

The Agua Caliente Band of Cahuilla Indians and Quechan Tribe of the Fort Yuma Reservation responded stating that they defer to other tribes in the area. The San Manuel Band of Mission Indians ( SMBMI) responded stating that the Project is at least one mile from known sacred land files/ known cultural resources.

The research completed for the proposed Project, including record search and contact with the Native American Heritage Commission and Cahuilla, Cahuilla/ Luiseno, Cahuilla/ Serrano, Serrano, and Quechan Tribes, indicated a low likelihood for the presence of prehistoric or historic archaeological resources. No archaeological or historical resources have been previously recorded on the Project property. Historic map research indicated that structures were built on the property prior to 1938 and were demolished by 1980. Currently, only a vacant graded lot remains. The field survey discovered no prehistoric or historic archaeological resources on the property. Therefore, based on the negative results of the archival and field surveys, no impacts to cultural resources are anticipated from development of the proposed Project. There will be no adverse change in the significance of a historical or archaeological resource ( per CEQA § 15064.5). Due to the negative results, no mitigation measures are recommended or warranted. Given the extensive disturbance to the property through the 20th century, no archaeological monitoring is recommended.

Based on the Cultural Resource Assessment, no impact would occur in regards to this issue.

No mitigation is required.

Mitigation Measures: Not Required

18. UTILITIES AND SERVICE SYSTEMS —
Would the project:
a) Exceed wastewater treatment requirements
of the applicable Regional Water Quality
Control Board?
b) Require or result in the construction of new
water or wastewater treatment facilities or
expansion of existing facilities, the
construction of which could cause significant
environmental effects?
Potentially Less Than Less Than
Significant Significant Significant
Impact with Mitigation Impact
Incorporated
0 0
No
Impact
City of Highland - Initial Study 55 of 59 August 31, 2021 -72-
CASE# CUP 21- 006, DRA 21- 004, TPM21- 001, ASR 21- 006 Initial Study c) Require or result in the construction of new
storm water drainage facilities or expansion
of existing facilities, the construction of which
could cause significant environmental
effects?
d) Have sufficient water supplies available to
serve the project from existing entitlements
and resources, or are new or expanded
entitlements needed?
e) Result in a determination by the wastewater
treatment provider, which serves or may
serve the project that it has adequate
capacity to serve the project' s projected
demand in addition to the provider' s existing
commitments?
f) Be served by a landfill with sufficient permitted
capacity to accommodate the project' s solid
waste disposal needs?
g) Comply with federal, state, and local statutes
and regulations related to solid waste?
Explanation:

Z
Q
Information presented herein is quoted and/ or summarized from the Storm Water Quality Management Plan ( SWAMP), prepared by SiteTech, Inc. ( February 11, 2021) and provided for reference in Appendix F.
18a Less Than Significant:

The proposed project construction is not expected to generate wastewater that would exceed wastewater treatment requirements of the RWQCB per the preliminarily approved Preliminary Stormwater Quality Management Plan ( SWQMP or WQMP). Project Specific WQMPs will be prepared and approved by the city with each phase of the project. Impacts are less than significant in regards to this issue. No mitigation is required.
18b Less Than Significant:

Construction of all on -site infrastructure has been analyzed. The project proposed a sewer extension through the property to serve the multi -family portion of the project, as well as allowing better access to utility connections for the commercial properties without additional encroachments into public roadways. No significant or adverse impacts would result from installation of on -site infrastructure. Thus, impacts under this threshold would be less than significant in regards to this issue. No mitigation is required. 18c Less Than Significant:

Development of the proposed project will result in an increase in the number of impermeable surfaces, and thus, increase surface runoff. However, per the Preliminary WQMP, the construction of on -site stormwater drainage basins will mitigate the pre -construction versus post -construction run- off. Sub -surface soil drainage is adequate to infiltrate stormwater runoff on -site in the event of normal rain events. Under the NPDES permits, project proponents are required to prepare a SWPPP and WQMP. The project includes a WQMP basin to the north of City of Highland - Initial Study 56 of 59 August 31, 2021 -73-
CASE# CUP 21- 006, DRA 21- 004, TPM21- 001, ASR 21- 006 Initial Study the entrance off of Base Line, as well as two parallel to Base Line, which will capture and treat runoff from impervious surfaces. With adherence to the WQMP, post -construction off -site flows would not exceed pre -construction flows. Therefore, the project would not require the construction or expansion of any off -site stormwater drainage facilities. Impacts under this threshold would be less than significant in regards to this issue. No mitigation is required. 18d Less Than Significant:

The project is consistent with City of Highland growth projections; thus, sufficient supplies are available and impacts under this threshold would be less than significant. No mitigation is required. 18e Less Than Significant:

Impacts related to wastewater treatment plant capacity are less than significant and no mitigation is required.
18f Less Than Significant:

The proposed project would generate solid waste from the planned residential and commercial uses. The City contracts with Burrtec Waste Industries, Inc. and Cal Disposal Co., Inc. for solid waste disposal services. The project would not generate solid waste above landfills' permitted capacities. Therefore, impacts are less than significant, and no mitigation is required. 18g Less Than Significant:

Construction waste will be monitored during haul -off activities as well as recycling tracking sheets during disposal. Per State guidelines, a percentage of recycling will be met per the City' s guidelines. During fully operational activities, specific bins will be used and disposed of appropriately on a regular basis. A less than significant impact would occur under this threshold.

Mitigation Measures: Not Required

19. MANDATORY FINDINGS OF

SIGNIFICANCE
a) Does the project have the potential to
degrade the quality of the environment,
substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife
population to drop below self- sustaining
levels, threaten to eliminate a plant or
animal community, reduce the number or
restrict the range of a rare or endangered
plant or animal or eliminate important
examples of the major periods of California
history or prehistory?
Potentially Less Than Less Than
Significant Significant Significant
Impact with Mitigation Impact
Incorporated
No
Impact
City of Highland - Initial Study 57 of 59 August 31, 2021 -74-
CASE# CUP 21- 006, DRA 21- 004, TPM21- 001, ASR 21- 006 Initial Study b) Does the project have impacts that are
individually limited, but cumulatively
considerable? (" Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in
connection with the effects of past projects,
the effects of other current projects, and
the effects of probable future projects)?
c) Does the project have environmental
effects, which will cause substantial
adverse effects on human beings, either
directly or indirectly?
Explanation:
19a Less Than Sianificant Impact:

The proposed project does have the potential to degrade the quality of the environment based on various Cultural, Biological, Storm Water, and GHG / Noise studies performed, but any associated impacts would be less than significant. Impacts are considered less than significant in regards to this issue. No mitigation is required.
19b Less Than Significant Impact:

Based on the location of the proposed project, and the substantially developed surroundings, the cumulative impacts are would be less than significant. The project proposes very minor individual impacts and therefore does not intend on affecting any long-term thresholds that have not been impacted already based on current development of the area. Impacts are considered less than significant in regards to this issue. No mitigation is required. 19c Less Than Significant Impact:

The project has undergone various studies and evaluations. All impacts which may be considered harmful to human beings at a level considered significant have been mitigated to a level of less than significant through the design of the project. With all findings thus far, it is determined that the project will not impact human beings negatively, either directly or indirectly, and will only provide more of a beneficial impact by supplying development consistent with the area, service needs, and overall community desires. Impacts are considered less than significant in regards to this issue. No mitigation is required.

City of Highland - Initial Study 58 of 59 August 31, 2021 -75-
CASE# CLIP 21- 006, DRA 21- 004, TPJV 21- 001, ASR 21- 006 Initial Study

DETERMINATION
On the basis of this initial evaluation:

C I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. 0 I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.

I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

I find that the proposed project MAY have a " potentially significant impact" or potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects ( a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and ( b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. runner Date
Listed below are the person( s) who prepared or participated in the preparation of the Initial Study:

Lauren Schulte, Developer / Applicant
Woodcrest Real Estate Ventures
1410 Main Street, Suite C
Ramona, California 92065
Appendixes:

A. Project Description
B. Biological Resource Assessment prepared by Kidd Biological, Inc.

C Phase I Cultural Resource Assessment prepared by Heritage Resources i. Phase I Environmental Assessment prepared by S & S Environmental D. Geotechnical Investigation prepared by Southern California Geotechnical E. Greenhouse Gas Assessment prepared by LDN Consulting, Inc. i. Air Quality Assessment prepared by LDN Consulting, Inc.

F. Approved Preliminary WQMP prepared by SiteTech, Inc.

G. Noise Study prepared by LDN Consulting, Inc.

H. Traffic Impact Analysis prepared by TJW Engineering, Inc. i. Vehicle Miles Traveled Memorandum prepared by TJW Engineering, Inc. ii, Parking Memorandum prepared by TJW Engineering, Inc.

City of Highland - Initial Study 59 of 59 August 31, 2021 -76-
Attachment 2:

Mitigation Monitoring & Reporting Program
ENV 21- 003)
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Attachment 3:

Draft Planning Commission Minutes from
December 7, 2021 Meeting
-82-

MINUTES

PLANNING COMMISSION REGULAR MEETING
December 7, 2021

CALL TO ORDER
The regular meeting of the Planning Commission of the City of Highland v order at 6: 00 p. m. by Chair Hamerly at the Donahue Council Chambers, 2721 Highland, California.

Present: Chair Randall Hamerly
Vice Chair Chandra Thomas
Commissioner Edward Amaya
Commissioner Jarrod Miller
Commissioner Jessica Sutorus
Staff Present: Lawrence Mainez, Community Devel ment Director Kim Stater, Assistant Community De lopment Director
Ash Syed, Associate Planner
Matt Bennett, Assistant Public W s Director
Matt Wirz, Building Official
Scott Rice, City Landscape itect
Camille Goritz, Administrati Assistant III
The Pledge of Allegiance was led by Chaiigfiamerly.
led to
Line,
Chair Hamerly stated we do also haveA announcement. Anybody that is here hoping to hear Agenda item 2, this was a VIP for two drive- thru restaurants. The applicant has pulled that item to a future un4gown date at this point.

Associate Planner Syed /
antinuation
yes, thank you very much Commissioner. The
applicant has requested of that item to a date specific meeting of January 18, 2022, for furtsideration.

Chair Hamerly stated
COMMUNITYZENDAR None

CONSENT C
good so noted. Thank you.

EMS NOT ON THE AGENDA)

16. 2021 Reaular Meetina.

C r Hamerly stated okay, so the first item we have, these are the minutes from vember 16th, 2021. This was a regular meeting of the Planning Commission. Were ere any modifications or notes to the Minutes as submitted? I had a handful. Page 2 of 9, 5th paragraph down. Goats and sheeps. Sheep is plural, lose the S. The next PC Minutes 1 of 53 December 7, 2021
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paragraph down the very last sentence, the definition was a cleft hoof. Page 7 of 9, second paragraph from the bottom, second line, quote from Director Mainez, must treat even one complaint, it is an as, as opposed to an is. think Commissioner Thomas stated I had one on page 7 of 9, as well at the very ttom, the last sentence. Same time, I understand that you have that wrought irons uld say fence right behind your home.

Chair Hamerly stated and then I do not know if this is the only occurr a of this, but on page 8 of 9, 3rd paragraph down, the sound that the goats were king is bleating with a T. We do not want goats bleeding all over the minutes. And o not know if that is the only occurrence or not, but that seemed to be the ntral focus of that agenda item. If there are no further modifications, I will entert a motion to approve the minutes, as amended
A MOTION was made by Commission Sutorus, second by Commissioner Amaya, to approve the minutes, as amended. Motion carried,

PUBLIC HEARING

2. Conditional Use Permit ( CUP 21- 001) for a Q6mmercial development consistina of a 2, 560 square foot and 4. 050 s uare oot drive-thru restaurant building on approximately 2. 04 acres at the northeasfcorner of Base Line and Buckeye Street.

Related entitlements include Lot Line d' ustment ( LLA 21- 001 to create two 2 equal sized parcels, Design Rev Application ( DRA 21- 001 for the site plan, building elevations conceptual larZscape plan and gradinci plan for the two pads, General Plan Amendment ( GP 21- 001) to allow drive- thru uses in the General Plan Town Center Area. and hAtiaated Neaative Declaration ( ENV 21- 004). IAPN The applicant has requested a continuation of the item to a date specific meeting of January 18, 2022, for further consideration.

3. Conditional Use Permit (CUP 21- 006) for a Mixed -Use development consisting of five ( 5) commercial tenant buildings, one ( 1) 21- unit multi -family residential building and one ( 1) single- family residence fronting Villa Avenue on approximately 9. 06 acres at the northwest corner of Base Line and Church Avenue. Related entitlements include Tentative Parcel Map ( TPM 21- 001) to create seven ( 7) new lots, General Plan Amendment ( GPA 21- 0021) to allow drive- thru uses in the General Plan Town Center Area, and Design Review Application ( DRA 21- 004) fora site plan, building elevations, conceptual landscape plan, grading plan for a retail use ( Tractor Supply Company), and Mitigated Negative Declaration ( ENV 21- 003). APN No. 1200- 381- 05 and - 43 — Woodcrest Real Estate Ventures.

Chair Hamerly stated up next, we have a conditional use permit CUP 21- 006 for a mixed -use development consisting of five commercial tenant buildings, one 21- unit multifamily residential building and one single family residence fronting Villa -84-
Avenue on approximately 9. 06 acres at the northwest corner of Base Line and Church. Related entitlements include a tentative tract map to create 7 new lots. A general plan amendment to allow drive-thru uses in the general plan town center area and design review application for site plan building elevations, conceptual landscape plan, and grading plan for a retail use and mitigated negative declaration. At this time, we will proceed with the staff report.

Associate Planner Syed stated thank you very much chairman and good evening planning commissioners. The applicant is actually just running a few minutes late, but we will go ahead and get started anyways. So, the project site is located at the northwest corner of Base Line and Church Avenue and consists of two adjacent parcels, equaling just over 9 acres in total. The property is currently vacant with no vegetation and has remained this way since prior to the City' s incorporation in 1987. The site is surrounded by a variety of uses that include single family homes to the north, the St Adelaide Church to the south, the Smart and Final grocery store to the east and the Family Dollar store to the west. The applicant is requesting the approval of a conditional use permit, a tentative parcel map, a general plan amendment, and a design review application for the development of five commercial buildings, a 21- unit apartment complex and a single-family home. The project will ultimately be constructed in four total phases. The layout of the site features in 18, 800 square foot Tractor Supply Company building toward the center with a designated parking area in front. At the southeast corner of the site are two drive- thru restaurants and a small retail building that share a parking area accessible from the interior drive aisle off Church Avenue. The northeast corner of the site features a large commercial building that does not have a confirmed tenant as of yet. The residential portion will feature an apartment complex at the northwest corner, as well as a single-family home at the far north that fronts Villa Avenue. A staple of commercial developments within the town center policy area, the applicant has proposed a Plaza similar to the one constructed as part of the Smart and Final development across Church Avenue in 2017. The overall design of the Plaza has been slightly altered since the initial submittal, so the applicant will be providing details on the revisions following this presentation. There are a total of six trash enclosures proposed on the site. Each located outside a rear entrance or with an ADA compliant path of travel to and from its location. Each of these trash enclosures will feature disposal bins for general waste, recycling, and organics. Primary access to the commercial portion of the site would be from Base Line on the south with secondary access from Church Avenue on the east and a connection to Foster Avenue to the west. The driveway along Church Avenue will allow both left and right turns from and onto the roadway, while the driveway along Base Line will allow only right turns into and out of the shopping center due to the median. As mentioned, there is a 21- unit apartment complex proposed at the northwest corner of the development. At 12. 2 dwelling units an acre, the residential density is well below the maximum limit of 18 dwelling units per acre in the mixed - use zone. Regarding the parking standards, commercial uses are subject to a parking requirement of one spot per 250 square feet of indoor space and one spot per 1, 000 square feet of outdoor space. Additionally, indoor dining is subject to one spot per 75 square feet of dining area, and residential parking is subject to 2. 5 -85-
spaces per unit. While the 87 total spaces that are provided for the Tractor Supply Company building falls just short of the 95 total spaces required, it is still within 10% of the parking requirement with additional spaces available elsewhere on the site, deeming this acceptable per the Municipal Code. The applicant has proposed two 10-foot-tall monument signs as part of this development. One will be located along Base Line and will feature signage for a Tractor Supply Company along with the fast-food restaurants and small commercial store at the corner. The other monument sign will be located along Church Avenue and will feature signage for the other large scale commercial building as well as the fast-food restaurants and small commercial store at the corner as well. Regarding building mounted signage, the applicant has not determined the size or sign area limits for the other four commercial buildings on the site as of yet. As conditioned, the applicant will submit elevations and a completed sign program application in the future for a Planning Commission review. Currently, the General Plan' s vision for the Town Center policy area is geared toward walk-in businesses and sit-down restaurants.

Thus, there has always been a restriction on the approval of drive- thru uses in this area. However, as times evolve and curbside pickup options and drive through options have become the norm, the applicant is proposing to remove the entire Town Center policy areas restriction on drive-thru' s with this General Plan amendment. Staff is seeking the Planning Commission's view on this regarding this proposal. The Planning Commission recommendation will be presented to the City Council for their consideration. The construction of the site will occur in four separate phases. Each phase shall require the approval of a separate Design Review application that will be presented to the Planning Commission for approval. Today, we are looking at only phase one, which is Design Review application number 21- 004 regarding the construction of the 18,800 square foot Tractor Supply Company store. Adjacent to the west side of the building will be approximately 19, 800 square feet of outdoor space to be used for gardening supplies, animal fencing, fruit trees and etc. Located in front of the store will be an additional 7, 300 square feet of outdoor displays that include ATV' s, paddle boats, and various seasonal items. The proposed hours of operation will be from 8: 00 AM to 10: 00 PM, seven days a week, with holiday season and promotional hours of 6: 00 AM to 12:00 AM. The Tractor Supply Company building features a relatively flat roof and an overall facade design to architecturally compliment the parcels that have been recently developed within the Town Center policy area, the building primarily features a desert gray stucco exterior with a red- hot jazz painted trim around the perimeter of the roof line and along the lower portion of the building. The storefront as well as the raised parapet are accented by a La Habra Fallbrook taupe and embellished with deep brown CMU blocks around the bottom portion. The eastern side also features several trellises with vines for aesthetic variety. While Tractor Supply Company has a corporate color and design scheme for its buildings, the architectural elements have been altered to complement the features from nearby commercial structures and comply with the vision for the Town Center area. The conceptual landscape plan offers various drought tolerant trees, shrubs, and vines throughout the site. Along the Base Line frontage are a combination of dwarf nandina and rosemary plants accented by California fan palm -86-
trees. Meanwhile, the landscape islands and curbside planters include pine, iceberg, rose, and variegated mock orange plants, among others. Located along the perimeter of the parking area are African sumac trees and Chinese pastiche trees planted at each interior landscape island. The conceptual landscape plan has been reviewed by the City's landscape architects and conditions have been included as part of the conditions of approval. The product is adjacent to the existing residential homes to the north and the Family Dollar Store and a few residences along Foster Avenue to the west. As previously mentioned, there is an existing 6- foot-wide utility easement that spans along the northern property line of the development. While a new 6- foot-tall CMU wall was initially proposed along the northern boundary of the site, the applicant did inform Staff that Edison has requested that they not construct the new block wall over concerns of reduced accessibility to the easements. The applicant will provide further details regarding that conversation with Edison following this presentation. The City oversaw the preparation of an initial study mitigated negative declaration as part of the CEQA review process. It was determined that the project could result in potentially significant impacts to biological resources relating to the potential habitat disturbance to state and federally protected nesting birds as well as to transportation related to the potential increase to traffic along Base Line. Per the mitigation measures for protecting nesting birds, all clearing, and tree removals will be conducted outside of the February 1 to August 31, bird nesting season. Should any tree removal or ground disturbance need to occur during the nesting season a preconstruction survey will be conducted by a qualified Avian biologist before any work can commence. Per the mitigation measures for the increased traffic, as a result of the project, Foster Avenue will be re -striped to include one left turn lane and one right turn lane at the westbound Palm Avenue approach. Additionally. Church Avenue will be re -striped to include two left turn lanes and one shared through traffic/ right turn lane at the southbound Base Line approach. Lastly a traffic signal will be added at the southbound access onto Base Line to control traffic exiting the shopping center during the PM peak hours. Staff has received two comment letters from surrounding property owners in response to the project notice. Both letters express general concern regarding privacy, noise, and traffic. A thorough analysis of the project impact was completed during the preparation of the mitigated negative declaration and specific mitigation measures to address these concerns were included in the MMRP. This mixed - use development proposes a logical project layout for a vacant site adjacent to residential homes along Villa Avenue to the north and commercial businesses along Base Line. With dedicated parking areas, adequate setbacks, and interior roadway dimensions, the site plan presents satisfactory vehicular circulation and pedestrian access. Additionally, the exterior elevations of the Tractor Supply Company building offer contemporary architectural treatments that fit with the vision for the Town Center policy area and still comply with the corporate standards. Staff recommends the Planning Commission adopt resolution approving Conditional Use Permit number21- 006, Tentative Parcel Map number 21- 001, Design Review Application number 21- 004 and recommend that the City Council approve General Plan Amendment 21- 002. -87-
Chair Hamerly stated are there any questions of staff on the staff report prior to the applicant' s presentation?
Associate Planner Syed stated I think the applicant is also here too, to add to the presentation.

Chair Hamerly stated right, the directive was, if there were any questions specifically for the staff report portion of this prior to the applicant' s presentation.

We' re not going into the design review discussion at this point, or any of these specific items, but if anybody had any questions specifically regarding your presentation, now is the opportunity for that.

Commissioner Amaya stated it' s just the initial study. I think you covered it. I just wanted to make sure, on page 53, those are the three mitigation measures. I see traffic is probably the big issue here. That on on TRA #3 is, that's correct that that' s what proposed Bonita Drive and Base Line is going to be signalized.

Associate Planner Syed stated I think I think on my illustration it was in the wrong location. It' s on the south side, the traffic signal.

Commissioner Amaya stated but it's still going to be there or no.

Assistant Community Development Director Stater stated why don' t we defer to Engineering.

Assistant Public Works Director Bennett stated just as Associate Planner Syed was presenting. You are correct that one of the mitigations recommended improvements were signalized intersection or restricted left turn movements and so on. If you see Engineering Condition 14, is written to address the potential modification to that intersection. Not at the center of the development, but actually next -door neighbor in front of the Dollar store. There' s a reciprocal access easement across that drive approach. At this entrance, exit here and then into the Tractor Supply development. There was an evaluation that the signalized intersection at that location wasn' t warranted but was one of the recommended improvements that could be suggested. Again, Engineering Condition 14 speaks to the expectation of the project constructing some configuration to restrict the left turns out of that movement as opposed to a traffic signal. So, neither location would be a signalized intersection.

Commissioner Miller stated the reason I asked is the item that was pulled, I think, wasn't the recommendation there for a signal at Church or because my only comment is that you have a traffic signal at Palm and Base Line, and you have one at the freeway right now. And so, I guess that' s what the study, why the item was pulled to because the feasibility of adding anothertraffic signal there. And now we' re just mentioning here. I guess that' s something that we will go through. -88-
Assistant Public Works Director Bennett stated this is a different location from the other conversation and this is shown within their study as recommended or alternative. The engineering department looked at that and determined that the alternative and the fact that a signalized intersection wasn' t warranted at that location it wouldn' t be conditioned to be constructed. So, you' re correct, the intermediate, you know, between Palm and Church, the proximity of putting another signal in is not functionally the best approach, and so that' s why we' re looking at an alternative to that.

Commissioner Miller stated I know one of the like second order effects of the development happens. You know, for example, the Dollar Tree and Bakers, when I go, I make a left turn out of there, to go east and it' s not too bad right now, as far as traffic. But in the future, if everything happens and traffic increases, that's going to be really tight just to make a left turn at a Dollar Tree and Baker's shopping center, right there, to go east on Base Line.

Assistant Public Works Director Bennett stated that' s what was noted within the report, the level of service and the concern for that left turn movement. Traffic will increase over time and that' s why they brought that as a recommendation.

Chair Hamerly stated so then following up on that condition of approval 16. If the Engineering Department is not recommending any signals, does that just stay in as a placeholder or do we delete condition 16?
Assistant Public Works Director Bennett stated by traffic control signs, stop, yield you know that type of signage, not traffic signal.

Commissioner Sutorus stated I just had one quick one. Can you show me on the map where that easement, where a brick wall was going to go in and where it can' t and what was that blocking? Is that residential home right there? Associate Planner Syed stated its right along the northern boundary of the site, that' s adjacent to the backyards.

Commissioner Sutorus stated and the elevation, are the houses above or below. Are they flat?
Associate Planner Syed stated I' m not sure the exact height difference, but I don' t know the exact height difference, but it is lower, this proposed site.

Assistant Public Works Director Bennett stated the pads are at grade at Church and then it may be 3 to 4 feet above to the corner, the home is 3 to 4 feet above.

Commissioner Miller stated so the original general plan had a prohibition on freestanding drive-thru' s, is that correct? And the intent of having that prohibition was to create some balance between fast food and sit-down restaurants. Is that correct?
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Assistant Community Development Director Stater stated to encourage walkability, pedestrian mobility, and outdoor dining. Well, pedestrian mobility between businesses along the entire corridor. That was amended at one time to allow drivethrus at the intersection of Palm and Base Line, and this will further really open it up to the entire section between Palm and the freeway.

Commissioner Miller stated so then if we dismiss this prohibition or allow for an exemption, do we have a plan to strike that balance in the future or is it case by case basis, project by project basis?
Assistant Community Development Director Stater stated it's something that we try and balance every day, when projects come to the City, and that we try to encourage, and there is push back at almost every opportunity. So really the best thus far we've been able to get is outdoor seating. Uses themselves, I mean it worked back in 2006, when the land use element was adopted. It really was the idea of the entire corridor and then kind of bit by bit, it's been it's been chipped away at. So, we tried, the Council tried, the Planning Commission tried, and it just hasn' t been the desire of the marketplace to put the types of uses that we had once hoped for there.

Commissioner Miller stated have we lost hope for that or is there? Is there still potential?
Assistant Community Development Director Stater stated well, that's why it' s being a recommendation will be from the Planning Commission to the City Council to get the opinion of yourselves and the Council to see if we stand strong with the existing policy. Or if it really is no longer feasible in the corridor.

Chair Hamerly stated we invite the applicant to make their presentation.

Steve Powell, Woodcrest Real Estate Venues, stated thank you very much. My name is Steve Powell and I' m here with Lauren Schulte. We are with Woodcrest.

We are a sister company of Hicks Snedeker, and we are out of Daphne, Alabama. We build for a couple of national credit tenants. We are the largest developer of Tractor Supply in the nation, and we build in 47 states. We are extremely excited to be here in the City of Highland. We've looked at this location for quite a while. We also are in parallel with this, doing a Tractor Supply in Jurupa Valley, so this works well with the the program that we started here in Southern California with Tractor Supply back in 2012. Without getting into the history of Tractor Supply, I can say that they're excited to be at this location when we look for a new location, ideally, we would like to find 4 acres zoned appropriately that would fit our package nicely, but those kinds of locations don't seem to exist too often anymore. When we saw this piece of property here, it was two acres, I mean, I' m sorry, two legal parcels in roughly 10 acres and I think you all know the owner of this property and we had long, long discussions with him about various opportunities. We do develop other master plan type commercial developments and residential projects. So, it is in our wheelhouse, but we weren' t able, or we -90-
weren't successful in order to do a boundary adjustment in order to get those four acres, it was either buy the entire thing or not. So, we brought in our analytics department and analyzed what would be the best suited need for this particular project. Ideally, we were going to put Tractor Supply on the corner, but because of the acquisition costs associated with it and the overall development and our relationship with the tenant. They agreed that we can take Tractor Supply and put it on the inside parcel knowing that in order to justify the overall development, we would have to do something special on the corner. And come to some of the discussion points and about like the the the, the QSR' S or the quick serve restaurants, the drive- thrus. A lot of pressure has been put on us over the last couple of years, especially with the pandemic situation. We've had a lot of projects change, especially in the restaurant industry where the demand for a drive thru component is almost mandatory. We're working with a number of restaurants right now that that you would be surprised that have changed their business model to accommodate drive thrus. So that was important, and we did work with staff, and we work with the Director, and we work with the Assistant Director and some of the planners. Our original layout, which I' m not sure if all of you were able to see, only had to do two drive through components and we did sit down and understood how important the outdoor pedestrian friendly, that component was to it, so we redesigned and we have preliminary discussions with all the outparcels on the corner, the the larger one and the three tenants there, but we don' t have any committed lease agreements yet. So, we are doing the best we can to develop something that would work whether, you know, we adjust it and they would obviously be their own design review application and they would be more heavily scrutinized when those applications come in, but we did design roughly just north of 3, 000 square foot more of a sit down opportunity on the the hard corner of Base Line and Church where we tried to build a complementary Plaza entrance for lack of better words to the Smart and Final. Ours is a little bit different, it' s more reflected on the landscape plan and we do have, and I apologize, we do have some of our consultants here. Our civil, our architect, our traffic engineer, our civil engineer.

So, on the corner of Base Line and Church there, like I said, it' s complementary, so it has some pedestrian benches. It has a heavier landscape component. One of the things that was brought up in one of the staff meetings that we had was the historic, yes, right there, the historic identification, and I think we were told to go take a look at the CVS parking lot and there' s a kiosk in the parking lot and so we came up with something that was maybe a little bit more monumental that would be easier to maintain, but also give an opportunity to say, you know, the historic trail or we won't have what the exact verbiage would be when it gets designed on the corner, but that leads into sort of a Plaza area that would allow for a sit down component that would again connect through a sidewalk that ultimately would meander throughout the entire development. So, while the final details on these particular uses can' t be designed yet, until we have those actual end uses, that's how we envision the spaces to be utilized. As far as Tractor Supply, I think, I appreciate your presentation. I think you hit all points. We have modified not only the style of the building but how we address the required elements that Tractor Supply requires. Which is trailer display and when I say trailer display, those little -91-
tow behind flatbed trailers, the location of that. The fenced in outdoor display area which basically accommodates items that are too large to put in the store, whether that' s fencing materials or round pins and that sort of thing. So, we worked hard in order to accommodate the tenants needs, but also visually camouflage it to where it blends in well with the development. I don't remember you mentioning we do have sort of a potential two phased approach where the garden center may be enhanced, but that is in a second phase and the tenant may not go through with that so that' s why we are proposing it that way. Then at the same time we have the property that came as part of the acquisition to the north, which is the apartment component. We did analyze the need for housing, and this is something that we've got on a number of projects. We do housing projects. We' ve got one that' s about 250 units right now outside of Fairhope, Alabama and we' ve got another 55 units in San Diego County, so this is in our wheelhouse. I wish it really could be 200 units as opposed to 21 units, but these are set up to be more, and we' re going to address this, I think in more detail in January, but just to sort of fill in the picture here, these are more set up as townhome residential units, so that while they're not townhomes they' re not stacked and attached flats. They have garages they have indoor laundry. We tried actually to work with the the the environmental department to get individual trash cans with the automated trash trucks but we we' ve worked out a more attractive situation with the dumpster enclosure and then at the far north with the one white block up there, that is actually not a part of it, and this dovetails into the Southern California Edison discussion which is a rather large vacant lot. That lot was actually going to be two single families. You' ll see if you look closely on to the left side or to the west and north of the Green Line, there' s sort of a hashed -out area there. That actually belongs to us as part of the property, but that that neighbor there has got a block wall. We actually haven' t even engaged with that neighbor at this point, but one of the Staff recommendations was sort of the queer nature of that little finger that sticks out to the far west at the upper portion of it. When we looked at this, he has his block wall built onto our property and then by the time we tried to make the adjustments to make this townhome concept work. It was just better to say, you know what, let' s propose a boundary adjustment. Give that property to that neighbor, who will allow him to keep that real estate alone, and we won' t have to disrupt his block walls and then we' ll just make a larger single-family parcel to the north. So that' s where that goes. In regard to the single families, I believe that there are six or seven others along the north. Yes, OK, so there' s eight single families to the north of our project and there is an Edison power line that runs through there and we' ve met with Edison. The power poles actually are off right off of our property and there is an existing block wall of sorts that that goes between each of the single. It peters out to the east, so I believe that it's a wood fencing, but all of those are on the private property and I believe that they were set in that location because there' s a 6-foot easement that runs on each side of the center line of the power lines, so it encroaches onto our property by 6 feet. There are some areas where the poles have guide wires that come down onto our property with that, we have to create a further easement around. So, in our residential and commercial development there, if a wall or a fence or some kind of screening was to be placed, we would -92-
have to place that outside of the easement for the benefit of Edison. So that's open for discussion on how that should be addressed. We do have a parking field for the apartments that is on this, that ends right at the edge of that 6 foot. So, if there was a fence there that may create a potential problem, or we would have to shorten the depth of those parking stalls. But again, how to address that best and most effectively, we just have to respect the easement. Edison really isn' t in favor of us putting it in the middle of their easement and then as far as the development itself, it is proposed to be done in phases. The Tractor Supply being the primary tenant will be constructed as soon as we can get through construction docs and as such, with those offsite improvements would be constructed all the way around the property. The internal circulation, roads, the extension of Foster and the driveway, which was designed in that particular location to be in alignment with the driveway that goes into the Smart and Final center. So that was sort of a given as to where that would go, and then the improvements along Church would be constructed, there' s a couple of driveways that would be closed up on Base Line there and then we' re going to construct the new driveway entrance into the center itself as part of the Tractor Supply development. At the same time, and we will be processing the construction documents for the apartment project which we will do once we mobilize for Tractor Supply. We will also mobilize right shortly thereafter for the apartment project to construct that, but like I said for phase three and phase four until we get solid commitments, we are in discussions. In fact, ICSC is going on right now in Las Vegas and two of our principles are out there right now. Now the attendance normally is at 100, 000 it' s at 9,000 this year. So, it' s way, way, way down. But those discussions, I promise you are happening and there' s a couple of folks that you would know that are interested in this, but we cannot honestly, propose a project without having a solidified commitment in hand. So that is sort of where that stand. Rest assured, all the offsite improvements, our objective would be, let' s just say in the hypothetical that those tenants don't come to fruition, we believe that they will. Tractor supply usually is a a pretty good anchor tenant and a good neighbor with others. We have experienced that on just about 100% of our projects. But if in the event that doesn't happen our proposal would be to bluetop those lots. So, we would construct the infrastructure, water, sewer, fire, underground utilities, that sort of thing. Bring it onto the property, let' s say 10 feet, put BMP' s all the way around, hydroseed the property and then make it nice buildable pads. This location, this section of Highland is beautiful. I think that whoever master planned Base Line did a fantastic job, that the tenant speaking for Tractor Supply in particular, is very proud of this location and is excited to get there. Ideally, we wanted a left and left out, for full transparency on Base Line, but we have the connectivity to Church, which is an improved signalized intersection, and it was mentioned that there is a cross access easement onto the Dollar property where there is full access. Our customer base typically will, as far as truck deliveries and that sort of thing will utilize the driveway off of Base Line and that' s what that hammerhead section is in the back there. They will go down; they go into the loading dock and then they would probably go out Foster in that direction. All the utilities are underground. The site itself doesn' t have an extreme topographical change. I think the Engineer had mentioned the elevation of the single families. It -93-
is varying, but it's about four or five feet higher in most places. Other than that, you know we' re excited to be here, and we' re, you know, willing to take any questions or concerns that you guys may have and go from there.

Chair Hamerly stated thank you any questions for the applicant at this time.

Commissioner Sutorus stated I don' t have any questions, but I just want to make a comment and thank you for considering coming to Highland. I think the Tractor Supply store is really going to be an exciting addition to Highland. We have so many colleagues, residents and friends who go to Tractor Supply all the way in Calimesa now. So, this will be so nice.

Steve Powell stated it's funny you say that. We did a store in Ramona. It was the first one in Southern California and we had the customer base was drawing from Calexico. Calexico, Mexico. I mean, it's it's that powerful and I don't know if everybody here has been to a Tractor Supply.

Commissioner Sutorus stated I go all the time.

Steve Powell stated well, the way I describe it is. And we built for a couple of other tenants that could arguably be a little bit more controversial, but Tractor Supply is sort of like the Nordstrom' s for the hobby farmer and Tractor Supply is not, generally speaking, going for the thousands and thousands of acres of what you would see in Central Valley. Their primary focus is on the hobby farmer with10 acres or less and one of the big drivers for the demographics, believe it or not, and they have got demographers like you would not believe, is equestrian. So, they identify a horse community, and they know where the horse people come from because horse people generally speaking are dog people, and if you' ve been into a Tractor Supply, they got quite a quite a large pet selection too, but it's funny because if we do get opposition, generally speaking, it is from other feed stores. But this is an honest to God truth and we' ve got documented proof. It' s sort of like if you want to open up a dress shop. You don't want to be next to the Am/ Pm you want to be next to 10 other dress shops. Tractor Supply gravitates so many equestrian folks that it actually enhances the specialty liveries and especially feed stores. Because those folks, generally speaking, that they may sell saddlery and they, generally speaking, know more about the hobby farming industry. But the folks that shop at Tractor Supply, really endorse the livestock.

They know what they want. They know the fencing. They know that tractor implements and the other misnomer with Tractor Supply is because we did a Tractor Supply in Temecula. At the entrance of the wine country and it was very controversial because they said how are you going to be delivering all these tractors and we don' t sell tractors, you know, its farm implements. So, it' s Tractor Supply, but it really is Carhartt clothing, Justin Boots and electric fireplaces. So, I' ll stop right there, but I am a big fan too.
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Commissioner Sutorus stated thank you. You answered all my questions actually with your presentation, so I appreciate that, and I have a good understanding of what you're going to do with the parcels now, so thank you.

Steve Powell stated and just for full transparency too. We want this to be the best it can be, and we want it because we are not just the applicant, we are the owners were the developers, were fully vertically integrated company and we are the general contractors. We have a general contractor division. Like I said, we're under Woodcrest. We also are the Hicks Snedeker companies out of Daphne, Alabama and our construction company is Fulcrum Construction Group, also based out of Daphne, Alabama. Our specialty is we build about 40 Tractor Supply' s a year and so it really, truly is important for us and we did get a lot of feedback. Actually, on the architectural end of things, it' s like, Oh my gosh, when we got the new renditions. At first was like, oh, I' m going to fight this, but then I looked at it and actually it did. Whoever sent the recommendation for, you know, the way that is designed, it ended up being a huge coup, so I appreciate that.

Commissioner Miller stated you had mentioned earlier that given the current climate, that fast food is has really become a requirement for you, and I wanted to ask, is fast food necessary for this project to move forward? Steve Powell stated well, actually for clarification, fast food is not our primary tenant and so Panera Bread wants drive thru. We are doing some high -end Mexican restaurants that are restaurants that now are demanding drive thru. Whether it' s a Farmer Boys, even there are other tenants that that I can' t disclose that are in the restaurant industry that are also looking through drive thru. It is a mandatory component and when the the the brick -and -mortar store has suffered a lot and it's not just from the pandemic, it' s from Amazon. It's from online shopping, so you see Supercenters, obviously Walmart and you got Costco and that sort of thing, but in order for a center to thrive, you'd need to have a customer base that' s going to support it. We do have a sit-down component and that' s not to say that the QSR areas if if a Cracker Barrel came to town and they wanted that we could do a boundary adjustment, or we can do a lot merger and make it available for them. We would love that. That' s a trophy tenant and we would absolutely endorse that, but we can't force a tenant to come in here and every restaurant, we do some development in the city of Poway and San Diego County and outside of San Diego County is a pretty affluent area. Their redevelopment component in a lot of their restaurant, all drive thru. They have to have that drive thru. The other component that is becoming very popular is having dedicated space for Door Dash, Orange Crate, Uber eats because you' ll have a lot of conventional restaurants, whether it' s Marie Callender' s or something like that not only irritates the staff, but it irritates the customer base while I' ll wait over there, well, you know I' m waiting for this. So, there is a paradigm shift in the restaurant industry. That we' re not, that we' re not all acclimated to, so it is a very important component. That' s not to say that we' re going to try to bring in some inexpensive fast food, stereotypical, but it is an important line item in the feasibility of this project. We would not take this project down. I can promise you that if we could -95-
not develop the out parcels. The development of the out parcels is critical for our primary tenant. Like I said, we do and some of the tenants that are here are very, very admirable tenants that are considering this. But like anything else that we live in a different day and age now, and even for the Trader Joe' s of the world, the Sprouts of the world, there is a lot of consideration when Amazon buys Whole Foods and that really makes a big difference. So, we've got to appreciate and respect the demand. Otherwise, the last thing we would want to do is build a generic strip center and then have it sit vacant. It' s not good for anyone. So, it is important for full transparency. It is an important component for this, the success of this development and the success of the tenants. Any tenant that goes there, they should just, hopefully clean house. I mean, hopefully they are super successful, and we've got to be able to provide those components that would make them and for what it's worth, the project in Highland, in Jurupa Valley, I' m sorry, is at the corner of Sierra and Armstrong and the folks that are in this audience here are also working on those same projects. While it's not as large as this, we have two outparcels there and the outparcels had been that same corner, high profile corner, had been analyzed multiple times by other developers and had gone through and for one reason or another, and it had to do with the tenants, ended up caving, the project caved. Tractor Supply came there. Tom Merrill, I believe was a director at the time, now Tom is not the director anymore, but he was super excited about Tractor Supply coming to town. So, we did everything to make Tractor Supply. We have two outparcels there. Both of them are QSR' s and that' s the only thing that actually could make financial sense out of the project and its location and the tentative talks there, I could put out there whether they go through or not is Starbucks and Carl' s Jr. So, we don' t know if it' s going to go through, but that was the only way that it could make sense. At the end of the day, the projects need to make sense, and because they're very expensive to take down, and when we have the opportunity to take a look at the apartments, we' re extremely proud. I would live in one of those apartments. We spent a lot of time on the architecture we spent a lot of time, I mean to the point where we almost got angry at each other when it came to color decisions and textures and this kind of thing. So, it won' t be the generic apartment project and that' s the kind of effort that we are willing to put into this, and that' s why we aren' t here tonight to be able to say, well, it' s going to be this, but I have to have the ability to do that because our financing which comes through either Iberia or Trustmark, which we are one of the largest borrowers from that. They will critique this project more than you guys will critique it. I promise you because they're the ones that are also backing us on these developments, so it that's the long- winded answer. I apologize, but it is important.

Commissioner Miller stated yeah, you know, over the past several years, I think all of the new restaurants that we' ve had have been fast food based, so you know, I kind of see us getting a little bit out of balance and I know the General Plans intent was to try to keep us in balance and so looking at this development, see that you have two fast food drive-thrus proposed. Could one of those be sit down?
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Steve Powell stated well, the one that was on the far right is proposed to be a potential sit down, so that' s what that was. The other one, which I can't mention, is in the espresso category and the other one is undefined, so but to answer your question, actually all three of them could be sit down and that is if that' s what comes to the table that actually is willing to pay, which quite frankly will be an extremely high price to be in this location because of what it takes to develop the center. I am shocked by the way of what it costs to build apartments in this fine town but that's going through regardless because I think that there is a need.

Commissioner Amaya stated will the apartments, will the cost on those be market based?
Steve Powell stated yes, it's not a subsidized is that question? Yes, it's market rate.

That' s a scary question nowadays but they will be really cool. They will be really cool. We did have, for what it' s worth, we had a consultant that works in San Gabriel and San Bernardino and Riverside and Highland for that matter help us do the analysis on even though it was only 21 units because they thought we were going to do 200 units, what' s the best fit for this. I quite frankly was shocked at the rental rates. I mean its horrifying, quite frankly, but it' s still less expensive so the whole affordable housing thing is really sort of an oxymoron nowadays, but it will be super complementary to the area. So, I' m excited for you guys to take a look at that, almost more so than the Tractor Supply.

Commissioner Sutorus stated I think having the garages, what you mentioned earlier has really helped me feel it' s going to be OK when there were comments about worrying about parking and I guess a lot of apartment complexes will have parking all over the place because they don' t have garages, so I do appreciate that you' re adding garages.

Steve Powell stated you know, and again not to get off on the apartment but we did spend a lot of time on that. Just again for full transparencies. These are designed as two -bedroom units, and there' s a reason why they' re designed is 2- bedroom units because I think that a lot of us can vouch for, you know I' ve got kids that can' t afford to go anywhere, so it' s young professionals, it may be singles and maybe a couple. They're not designed for families of six or seven. This is not that product type this and that' s will also help on the impacts and when you see the design, you' ll see it' s more 2 master suites, it' s a living area, it' s got a fully enclosed one, one and a half car type garage with another dedicated out outdoor parking space plus guest parking. So, we have, and we also took staff recommendation, just so you know that we did, we at first were not willing to, not wanting to, to gate it. We are proposing to gate it for various reasons, and one of it is to keep up the standard of that and we don' t end up with a transient situation. So, you know we' re doing the best we can to respect that because it' s also a reflection on the overall development.
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Associate Planner Syed stated just really quickly, just to clarify, the conditional use permit covers all this stuff. It covers the residential portion, the commercial everything. The design review that we' re looking at today is strictly for Tractor Supply, and there' s a residential apartment complex design review application will be brought to you later.

Steve Powell stated thank you. Yeah, sorry about that.

Chair Hamerly stated okay, any other questions?
Commissioner Amaya stated yes, I also wanted to thank Woodcrest. Tractor Supply Company is needed in San Bernardino County.

Steve Powell stated yeah, we think so too. I think that the folks are going to love it.

Commissioner Amaya stated yeah, so the development is geared around Tractor Supply Company and that' s good and I think you answered part of what I was going to ask about the apartments because obviously housing apartments are needed. I just wanted to make sure too that the single residence was, I guess that was necessary, meaning leaving it vacant, that lot or just putting a single residence there to complement everything else?
Steve Powell stated yes, first of all, you know, because if you go on Villa Ave right now, it' s all, I' m not sure when it was built, but it feels like it' s late 70s, nineteen 80s single family, maybe probably weighted average 1, 700, 1, 800 square foot sort of ranch style homes. We have done a lot of ranch style homes and so we will probably just go ahead and build out that single family lot to mimic. It won' t be, oh, we' re going to build a 3, 000 square foot, we're the biggest house on the block kind of thing. It will be a house that will mimic and if you guys want to review that, I' m fine with that too, but it will mimic what' s there. It's just that it' s a little extraordinary because I believe the lot minimums there are 7, 500 square foot per single family.

In order to make the townhome style concept work with the apartments, we also needed to provide individual storage lockers or closets, so to speak, for the the the the townhomes themselves, but we also wanted private backyards, so all of them have their own backyards. They're all fenced in and and so with that it sort of elongates the building and we didn't want to go three stories for a a number of reasons that we don' t need to get into, but in order to fit that unit, we really needed to get 23 units there. We ended up with 21 because we could just not logistically make it work any which way and get their parking because it' s a queer shape and this ended up being the best layout which really pushed us to steal some of the property from the lot that actually went behind the guys house that is encroaching onto our property, and so every which way we tried to make it work, it was just easier to say mercy, let' s give up one of the lots. We' ll have an oversized single family, and we might as well just give the other land to the to the neighbor because it it' s not going to help us one way or the other, and it' s going to actually help him. I think that you know, other than the fact that it's going to be a larger, -98-
it' ll blend into the community just fine and all the infrastructure for that lot, by the way is on Villa Avenue so we don' t have to like create easements that go into the shopping center. So that' s why it's sort of the not apart.

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