Highland City Council
July 12, 2022

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
July 12, 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. cityofhighland. orq
CITY OF HIGHLAND • 27215 BASE LINE • HIGHLAND, CALIFORNIA 92346 • ( 909) 864- 6861 m • ( 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.

Submission of Public Comments: 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 July 12, 2022, to the City Clerk at publiccomment(a cityofhighland. org. If you are submitting a public comment pertaining to an item on the July 12, 2022 agenda, please identify the agenda item number in the subject line.

For those wishing to make a public comment regarding a public hearing item ( No. 10), 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 to publiccomment(c cityofhighland. orq. All email comments shall be subject to the same rules as would otherwise govern speaker comments at the Council meeting.

Members of the public will be permitted to make public comments in person.

CITY COUNCIL REGULAR MEETING
JULY 12, 2022 - 6: 00 p.m.

AGENDA

CALL TO ORDER

INVOCATION

PLEDGE OF ALLEGIANCE

ROLL CALL

REPORT FROM CLOSED SESSION

SPECIAL PRESENTATIONS

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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 July 12, 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

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

2. Minutes — June 14, 2022 City Council Regular Meeting RECOMMENDATION: Approve the Minutes as submitted.

3. Warrant Register
RECOMMENDATION: Approve Warrant Register No. 743 for July 12, 2022, in the amount of $2, 475, 129. 48 and Payroll of $196, 034. 93.

4. Treasurer' s Report for May 2022
RECOMMENDATION: That the City Council receive and file Treasurer' s Report for May 2022.

5. Transportation Development Act ( TDA) Article 3 Claim Resolution — 9th Street Transit Stops, Sidewalk and Bikeway Improvements between Eucalyptus Drive and Victoria Avenue ( swk19001)
RECOMMENDATION: That the City Council:
1) Adopts Resolution No. 2022- authorizing submittal of periodic claims to San Bernardino County Transportation Authority ( SBCTA) for TDA Article 3 funds for 9th Street Transit Stops, Sidewalk and Bikeway Improvements between Eucalyptus Drive and Victoria Avenue (swk19001); and
2) Authorize the Public Works Director/ City Engineer and the Director of Administrative Services/ City Treasurer to execute the claim documents.

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6. Transportation Development Act (TDA) Article 3 Claim Resolution — Transit Stop Access Improvements on Base Line, Boulder Avenue, 9th Street and Olive Tree Lane ( swk19002)
RECOMMENDATION: That the City Council:
1) Adopt Resolution No. 2022- authorizing submittal of periodic claims to San Bernardino County Transportation Authority (SBCTA) for TDA Article 3 funds for Transit Stop Access Improvements on Base Line, Boulder Avenue, 9th Street and Olive Tree Lane ( swk19002); and 2) Authorize the Public Works Director/City Engineer and the Director of Administrative Services/ City Treasurer to execute the claim documents. 7 Contract Renewal — 2017- 01 Landscape Maintenance Districts and Annexes RECOMMENDATION: That the City Council extend the Landscape Maintenance Districts maintenance agreement with RP Landscape & Irrigation, Inc., for one year.

8. Contract Renewal — 2020- 01, " Facilities and Parks Landscape Maintenance Contract"
RECOMMENDATION: That the City Council extend the Facilities and Parks Landscape maintenance agreement with RP Landscape & Irrigation, Inc., for one year.

9. A One -Year Status Report in Conformance with Government Code Section 65858( d) for Urgency Ordinance No. 450, on Measures Taken to Alleviate the Conditions that led to the Adoption of a Moratorium on the Approval of Applications for Land Use Entitlements for New Fueling Service Stations and the Expansion of the Number of Fueling Pumps at Existing Stations
RECOMMENDATION: That the City Council issue this Status Report for Urgency Ordinance No. 450 related to the moratorium on the approval of applications for land use entitlements for new fueling service stations and the expansion of existing stations.

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.

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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. 10), 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 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.

10. Consideration of a Resolution to Adjust the Business Tax on the Extraction and/ or Processing of Rock, Sand and Gravel ( Aggregate) Pursuant to Title 5 ( Business Licenses and Regulations), Chapter 5. 17 ( Business License Tax on Extraction and/ or Processing of Rock, Sand and Gravel [ Aggregatel), Section 5. 17. 040 Rock, Sand and Gravel [ Aggregatel), Section 5. 17. 040 ( Rock, Sand and Gravel Aggregate) Extraction and Processing Tax)
RECOMMENDATION: That the City Council adopt Resolution No. 2022- fixing the Highland Business License Tax on the extraction and/ or processing of rock, sand and gravel ( aggregate) for Fiscal Year 2022- 2023.

CITY COUNCIL LEGISLATIVE

11. Design Services Proposal/ Willdan Engineering
RECOMMENDATION: That the City Council:
1) Approve the proposal from Willdan Engineering to provide engineering design services for two CDBG pavement rehabilitation projects ( o1a20002 and o1a22001) at a not -to -exceed fee of $30, 544. 00; and 2) Authorize the City Manager to approve contract amendments up to 10% of the contract amount.

12. Engineering Services/AGA Engineers, Inc.

RECOMMENDATION: That the City Council:
1) Approve Professional Services Agreement with AGA Engineers, Inc. (AGA), to provide engineering services for the City-wide Countdown Pedestrian Signal Head Installation Project (sig21001);
2) Authorize the City Manager to approve contract amendments up to 10% of the proposal amount; and
3) Authorize the Mayor to sign the Agreement.

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

14. Council Member Comments ( Agency/ Committee/ AB 1234 Reports, District Updates, etc.)
RECOMMENDATION: Discussion and possible action.

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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
Effective March 1, 2022, pursuant to Resolution No. 2022- 001, the regular City Council meetings will be held once a month on the second Tuesday of each month.

August 9; September 13; October 11; November 8; December 13 I, Betty Hughes, City Clerk, certify I caused to be posted this Agenda on or before July 7, 2022, by 5: 30 p. m., on our website at www.cityofhighland. org and in the following designated areas:

Highland Branch Library
7863 Central Avenue
Date: July 7, 2022
Fire Station No. 1 City Hall
26974 Base Line 27215 Base Line
Betty Hughes, MMC
City Clerk

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STAFF REPORT

TO THE CITY COUNCIL
DATE: July 12, 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 Second Agenda Item No.

Denied Ayes
Continued Noes File No.

Tabled Abstain
Absent
City Clerk / City Manager
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STAFF REPORT

TO THE CITY COUNCIL
DATE: July 12, 2022
FROM: Joseph A. Hughes, City Manager
PREPARED BY: Betty Hughes, MMC, City Clerk
SUBJECT: Minutes — June 14, 2022 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 % City Ma er
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MINUTES

CITY COUNCIL REGULAR MEETING
JUNE 14, 2022

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 McCallon at the Donahue Council Chambers, 27215 Base Line, Highland, California.

The invocation was given by Pastor Willie Hicks, Harvest Care Church, and the Pledge of Allegiance was led by Mayor McCallon.

ROLL CALL

Present: Lilburn, McCallon, Solano, Timmer

Absent: Chavez

REPORT FROM CLOSED SESSION
None

SPECIAL PRESENTATIONS
None

PUBLIC COMMENT ( ITEMS NOT ON THE AGENDA)
David Gandolfi spoke regarding a visible timer for public comment, the need for a phone app to report concerns and the need to live stream Council meetings. He would also like to commend staff for their attentiveness to public concerns.

CITY COUNCIL CONSENT CALENDAR
A MOTION was made by Council Member Timmer, seconded by Council Member Solano, to approve the consent calendar as submitted. Motion carried on a roll call vote, 4- 0, with Council Member Chavez being absent.
1 Waive the Reading of All Ordinances
Waived the reading of all Ordinances in their entirety and read by title only.

2. Minutes — May 10, 2022 City Council Regular Meeting
Approved the Minutes as submitted.

3. Minutes — May 19, 2022 City Council Special Meeting
Approved the Minutes as submitted.

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4. Warrant Register
Approved Warrant Register No. 742 for June 14, 2022, in the amount of 6, 002, 944. 08 and Payroll of $312, 329. 22.

5. Treasurer' s Report for April 2022
Received and filed Treasurer's Report for April 2022.

6. Claim Consideration — Robert Williams
Rejected claim.
7 Claim Consideration — Jeffrey Lawyer
Rejected claim.

8. Resolution No. 2022- 019 Confirming the Authority of the City Treasurer Pursuant to Government Code 53607
Adopted Resolution No. 2022- 019 confirming the authority of the City Treasurer pursuant to Government Code Section 53607.

RESOLUTION NO. 2022- 019

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF HIGHLAND, CALIFORNIA, CONFIRMING THE AUTHORITY

OF THE CITY TREASURER, PURSUANT TO
GOVERNMENT CODE SECTION 53607
Resolution No. 2022- 020 Establishing the Appropriations Limit for Fiscal Year 2022- 2023 for the City of Highland in Accordance with the Provisions of Division 9 of Title 1 of the California Government Code
Adopted Resolution No. 2022-020 establishing the Appropriations Limit for Fiscal Year 2022- 2023 for the City of Highland in accordance with the provisions of Division 9 of Title 1 of the California Government Code.

RESOLUTION NO. 2022- 020

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HIGHLAND, CALIFORNIA, ESTABLISHING THE APPROPRIATIONS
LIMIT FOR FISCAL YEAR 2022- 2023 FOR THE CITY OF
HIGHLAND IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE CALIFORNIA GOVERNMENT CODE

10. Resolution No. 2022- 021 Rendering the Annual Statement of Investment Policy for Fiscal Year 2022- 2023
Adopted Resolution No. 2022- 021 rendering the Annual Statement of Investment Policy for Fiscal Year 2022- 2023.

RESOLUTION NO. 2022- 021

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

CALIFORNIA, ADOPTING THE ANNUAL STATEMENT OF
INVESTMENT POLICY FOR FISCAL YEAR 2022/2023

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11. Agreement with the San Bernardino County Auditor-Controller/ Treasurer/ Tax Collector for the Collection of Special Taxes, Fees and Assessments for Fiscal Year 2022- 2023
Approved the Agreement with the San Bernardino County AuditorController/ Treasurer/ Tax Collector for the Collection of Special Taxes, Fees, and Assessments for Fiscal Year 2022- 2023.

12. Resolution No. 2022- 022 Amending the City of Highland Premium Only Plan Approved Resolution No. 2022- 022 amending the City of Highland Premium Only Plan.

RESOLUTION NO. 2022- 022

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

CALIFORNIA, AMENDING THE CITY OF HIGHLAND PREMIUM ONLY PLAN

13. Resolution No. 2022- 023 Establishing the Annual Special Tax for Community Facilities District No. 90- 1 for Fiscal Year 2022- 2023 Adopted Resolution No. 2022- 023 establishing the Annual Special Tax for Community Facilities District No. 90- 1 for Fiscal Year 2022- 2023 and file with the County Auditor -Controller Resolution No. 2022- 023 with the tax roll.

RESOLUTION NO. 2022- 023

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

CALIFORNIA, ESTABLISHING THE ANNUAL SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 90- 1
FOR THE FISCAL YEAR 2022/ 2023

14. Resolution No. 2022- 024 Establishing the Annual Special Tax for Community Facilities District No. 2001- 1 for Fiscal Year 2022- 2023 Adopted Resolution No. 2022- 024 establishing the Annual Special Tax for Community Facilities District No. 2001- 1 for Fiscal Year 2022- 2023 and file with the County Auditor -Controller Resolution No. 2022- 024 with the tax roll.

RESOLUTION NO. 2022- 024

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

CALIFORNIA, ESTABLISHING THE ANNUAL SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2001- 01
FOR THE FISCAL YEAR 2022/ 2023

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15. Resolution No. 2022- 025 Establishing the Annual Special Tax for Community Facilities District No. 2007- 1 for Fiscal Year 2022- 2023 Adopted Resolution No. 2022- 025 establishing the Annual Special Tax for Community Facilities District No. 2007- 1 for Fiscal Year 2022- 2023 and file with the County Auditor -Controller Resolution No. 2022- 025 with the tax roll.

RESOLUTION NO. 2022- 025

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

CALIFORNIA, ESTABLISHING THE ANNUAL SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2007- 01
FOR THE FISCAL YEAR 2022/ 2023

16. FY 2022- 2023 Senate Bill 1 Projects List
Adopted Resolution No. 2022- 026 approving the list of projects for Fiscal Year 2022- 2023 funded by SB1: the Road Repair and Accountability Act of 2017.

RESOLUTION NO. 2022- 026

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022- 23 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017

17. Amendment No. 5 to the Lease with the YMCA
Approved Amendment No. 5 to the lease with the YMCA.

18. Records Destruction Authorization
Approved the destruction of certain records.

19. November 8, 2022 General Municipal Election
1) Adopted Resolution No. 2022- 027 calling and giving notice of the holding of the general municipal election to be held on November 8, 2022; 2) Adopted Resolution No. 2022- 028 requesting San Bernardino County to consolidate the general municipal election with the statewide election; and 3) Adopted Resolution No. 2022-029 establishing regulations for candidate statements.

RESOLUTION NO. 2022- 027

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

CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022,
FOR THE ELECTION OF CERTAIN OFFICERS IN DISTRICT 2 AND
DISTRICT 4 AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE

STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES

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RESOLUTION NO. 2022- 028

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

CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE

COUNTY OF SAN BERNARDINO TO CONSOLIDATE A GENERAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022, WITH THE

STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO § 10403 OF THE ELECTIONS CODE
RESOLUTION NO. 2022- 029

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF HIGHLAND, CALIFORNIA, ADOPTING REGULATIONS

FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE

STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022

20. Resolution No. 2022- 030 Approving a Wildland Protection Agreement ( WPA) with the State of California for Fiscal Year 2022- 2023 and Associated Budget Adjustment
1) Approved Resolution No. 2022- 030 approving the Department of Forestry and Fire Protection ( Cal Fire) Wildland Protection Agreement ( WPA) for July 1, 2022 — June 30, 2023; and
2) Approved the following budget adjustment for FY 2022- 2023: Transfer 6, 585 from 029-2512 ( Fire Dept -Fund Balance) to be expended from 029- 2100- 4568 ( Contract Services -Fire Services).

RESOLUTION NO. 2022- 030

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

CALIFORNIA, APPROVING THE DEPARTMENT OF FORESTRY AND FIRE

PROTECTION ( CAL FIRE) WILDLAND PROTECTION AGREEMENT ( WPA) FOR JULY 1, 2022, TO JUNE 30, 2023

21. Contract Award — Bid No. 2022- 04, " Purchase and Installation of Wrought Iron Fencing and Gates for Highland Fire Station # 1"
1) Awarded the contract to purchase and install wrought iron security fencing and gates to enclose the yard area of Fire Station # 1 to the responsive low bidder, AB Fence Co. ( AB Fence), in the amount of $54, 000; and 2) Approved a budget adjustment for FY 2022- 2023 to transfer $ 54, 000 from 029- 2100 (Fire Department Fund Balance) to be expended from 029-2100- 6040 ( Fire Department Equipment).

22. Easement Acceptance/ H& H Home Builders Trust and Green Compass Realty, Inc. 7211 San Francisco Street)
1) Accepted Grant of Easement for Road and Drainage purposes from the owners; and
2) Directed the City Clerk to record the Grant of Easement.

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23. Easements Acceptance from East Valley Water District for 5th Street, 6th Street and Del Rosa Drive — Sterling Natural Resource Center1SNRC) Project 1) Accepted the Grants of Easement for Road and Drainage purposes from East Valley Water District; and
2) Directed the City Clerk to record the Grants of Easement.

24. Notice of Completion — Project No. str20003 ( Bid No. 2021- 02, " Cooperative City/ County Pavement Rehabilitation Ward Street, Cooley Street, 6th Street and Tippecanoe Avenue")
1) Accepted Project No. str20003 ( Bid No. 2021- 02, " Cooperative City/ County Pavement Rehabilitation Ward Street, Cooley Street, 6th Street and Tippecanoe Avenue") as complete;
2) Authorized the Mayor to sign the Notice of Completion; and 3) Directed the City Clerk to file the Notice of Completion.

25. Engineering Resources of Southern California ( ERSC) Amendment for Professional Services — 5th Street Storm Drain Connection to City Creek Project Project No. str07004a)
1) Approved the amendment to the professional services agreement with ERSC; and
2) Authorized the City Manager to approve any future contract amendments up to 10% of the new contract amount.

CITY COUNCIL PUBLIC HEARING

26. Public Hearing and Consideration of the Adjustment in the Residential and Commercial Refuse Collection Rates and Annual Property Tax Roll Billing in Accordance with the Current Franchise Agreement dated August 1, 2018 Mayor McCallon opened the public hearing.

Public Services Manager Morgan stated good evening, Mayor, and Council Members. This evening is the annual public hearing for consideration of the adjustment in the residential and commercial refuse collection rates and approval of the annual property tax roll billing. At the Public Works Subcommittee on April 18, Burrtec presented their timely request for an adjustment in rates. The proposed rates include a $ 0. 32 CPI increase to the service component, and other miscellaneous increases, but the proposed rate adjustment for residential services will result in a $ 3. 65 per month increase for basic residential service and a 12. 31% increase, which is a 12. 31% increase to the existing $ 29. 64 rate. The senior rate will increase $ 2. 92 per month for a total rate of $26.63. This represents an increase of 12. 32% from the existing rate of $23. 71. The commercial rate components are resulting for an average commercial rate, which is our three yard dumpster picked up once a week from $ 264. 48 to $ 268. 15, which represents an annual increase of

2. 94% for commercial, but she would like to point out that previous years increase was 9. 83% so the increase to commercial this year is substantially lower than the average. A significant impact to this year's rates is the SB 1383 charges. This is a new bill that was presented and was approved by the legislature that went into

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effect this year. As you have heard her talk about before, this is the food waste collection and other miscellaneous requirements. There is also a lot of record keeping, documentation, inspections, we call it flipping the lid, that the bill goes into even prescriptively require us to inspect residential carts and commercial bins, so many a year. When staff and Burrtec met to discuss this bill, prior to it going into effect, we talked about how we can limit or minimize the impact to our ratepayers, the commercial and the residential sector. What we did was break down the responsibilities by tasks and then we went through and chose what tasks we were we going to have Burrtec complete. Staff also analyzed of those tasks, are they already covered in the franchise agreement and some of them were, so there should not be any increase of cost to the City for those tasks. Then what could we complete in- house by City staff competently with the existing staff we have. So, we went through that, and we chose which ones Burrtec was going to complete and which ones the City would complete. We came up with an administrative cost and so you will see an extra cost in the rate sheets for that SB 1383 administrative cost. That is completely separate and wholly away from the processing cost of what you will see in the rate sheet that talks about mixed organics. In previous rate sheets, you would see a charge for green waste, which was your landscape clippings, tree clippings, things like that. We have to rename it to mixed organics, because that is where the food waste will go. In the residential sector, we are proposing to start that program on July 1 and if this is approved tonight, there will be educational outreach that will be mailed out to all residential customers to instruct them how to dispose of their food waste from now on. As part of its survey, we did do a rate survey, and that is included in your staff report. She will not go into it in detail, but she would like to notate that when we reached out to other cities to find out what their rates were, we start the process very early in March, and most cities have not even looked at their rates yet. So, the rates that she is showing, she made a notation that says they have not completed their SB 1383 increase to their rates yet, so staff believes that by the time those cities do that increase, we will be either right in the middle or actually a little lower than most cities. The other item that you are approving tonight is the property tax roll billing. There are no new developments on that. It is the same process as we followed last year. Last year we did do an audit prior to the tax roll billing. She explained that we also recategorize some accounts; we have to match what the state calls a residential, residential multifamily and a commercial multifamily. So, last year we did our audit, we did not perform another audit this year as we believe it is still quality work. That concludes the presentation, and she will open it up for questions.

Mayor McCallon asked are there any questions from the Council of staff before we have public comment.

Mayor Pro Tem Lilburn stated she has comments and questions, and she will reserve them until after public comment is heard.

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Jane Bouch stated thank you Mr. Mayor and City employees. She just wants to let you know she was here and opposed when we were trying to pass this in 2019 and she strongly believes that we are tapped out. With our high gas prices, our food prices, the essentials, everything is really high for everyone. The schools were closed for a part of the time. Businesses have gone out of business; they have had to close restaurants and so forth because of the pandemic. Basically, as a citizen, she thinks, and a lot of us, she is also representing the Highland Area Chamber of Commerce. They had a conflict of interest, some of the board members, that we are just kind of to the point of everything is just so high now and why do they have to impact us again with another higher bill. We cannot see when our bills go up because they are paid with our property taxes, so we do not know how often this happens, but also, she opposed it back then and she said we are adults, we can all pay our own bills when we get them. This is a 20- year contract from what she understands. She does not know who signs a 20- year contract with a company, a refuse company, so we have no control. That is all she wants to say.

Thank you.

Jody Scott stated for the past two years of the pandemic, restaurants have been closed, schools have been closed, many businesses closed, and many have not reopened. The whole country is in a recession and there really does not appear to be any light at the end of the tunnel. This proposal of Burrtec to raise the singlefamily resident $ 3. 65 a month, which would total $ 399. 48 a year. The senior rate is raised to $ 2. 92, for a total of $319. 56 for a year. It does not seem like much, but when you take a nickel here, a nickel there, and a dime here and a dime there, it adds up as she will show you later on, what it adds up for Burrtec. Since 2019, when the City became a collection agency for Burrtec by putting the trash service on property tax without the consent of owners, the County now collects the money and sends it to Burrtec. So, since 2019, Burrtec was able to get rid of all of their monthly expenses for personnel and the wages and the benefits and postage and billing. So that was a pretty good savings. We also have recycling. What is Burrtec' s income from recycling? We pay, the customer pays, $ 0. 05 for every container that is 23 ounces or less and we pay $ 0. 10 for every container that is 24 ounces and up. If they do not get the refund for the recycling, who does get it and why? Because we are the ones that are working to separate everything, as we have been told we have to do, and we are getting the higher costs too. We are doing the work and having to pay for it. My main point is the first year of the exclusive contract with Burrtec there were 12, 166 residential parcels. The parcels today are 12, 627, 50% is needed fora protest that would be 6, 314. If you take just 50%, the 6, 314 of residential parcels and say they are all single- family residences, the increase from just the senior single-family residence is $ 276, 553. 20 and the non -senior is $ 2, 522, 316. 72.

City Clerk Hughes stated we are at three minutes.

Mayor McCallon stated could you please wrap it up.

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Jody Scott stated you know, she has three properties, and she should be allowed a little more time, okay. If you double those figures, it still will not come close to what Burrtec will be getting, because the increase, this is residential only, and does not include the multifamily or commercial refuse or the new fee for the mixed organics. That is quite a hefty increase. She just urges you to read Highland' s mission statement and think of your citizens who are hurting right now. It is time for this Council to tell the State if you mandate it, you pay for it. She would like to commend the staff, the City has a great staff, but it is up to the Council to make the decisions that affect the lives of your citizens. Thank you.

Mayor McCallon stated thank you for your comments. Staff, would you like to address some of those issues.

Public Services Manager Morgan stated so the first speaker spoke about that they are not aware of how often the increases occur. Prop 218 requires us to send out a notice to all ratepayers. That notice was sent out for this one and a rate notice is sent out for every rate increase. So, ratepayers received something in the mail. She cannot make them read it, but it is required, and it is sent out. It is also advertised as well as per what is required. The remittance of funds, the funding that when payment is made to the County, the funds do not go directly to Burrtec they actually come to the City first. It goes through the Finance Department. The City takes their franchise fee off the top, and then the remaining funds are sent to Burrtec. So, within those funds, it is not just Burrtec' s fees, it is also the City franchise fees, the pavement impact fees, the HHW contract fees, those are all included wholly in that rate. The comment about the green waste or the mixed organics, she mentioned it earlier, but maybe she should clarify. The mixed organics requirement is not something that the City wanted to do, it is a requirement of the law. If we do not comply with that mandate, then we will be put into what they call compliance by Cal Recycle and we could be subject to fines. Just recently Cal Recycle announced that they were going to reorganize the division that assists local agencies and they moved about 75% of their staff from the local agency assistance department to what they are calling the Jurisdiction and Agency Compliance and Enforcement Branch ( JACE) which is in fact the enforcement and compliance department because they foresee that they will be placing many cities into compliance. So that is the future and so with this rate increase, it does allow staff to put into place all the programs that were required as of January 1 of this year. So, with this rate increase, all those programs will go into place, we would not be in compliance or enforcement. The contract is a long- term contract. She does not want to quote a number right now because she does not have it in front of her. It is a renewable contract and there are clauses in there that we can cancel that contract for cause if they do not perform. If there are issues, we can go through a process to cancel that contract. The nature of solid waste business contracts is long term. She has never seen anything Tess than 10 years because the startup and takedown of a solid waste system in a city is a tremendous effort. It is a tremendous investment. The equipment, the carts, the bins, are all purchased by the hauler. So that is the norm, and it does sound like a long time, but if we surveyed their surrounding communities, you would find probably no Tess than 10 years up to a never- ending contract that is automatically renewed. She does do check performances of Burrtec, any resident that she talks to she asks

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them if they have performance issues that instead of calling Burrtec, call her. Her staff and her regularly take calls from the public. In fact, for the street sweeping portion, which is the responsibility of Burrtec to hold that contract. Any advertisement you see if anybody having problems with street sweeping those calls come to the City. If they call Burrtec on a complaint on the street sweeper, they are instructed to call me, and we log that and we track it. So, with confidence she can say that City staff does try to maintain the system and require the performance of Burrtec per the franchise agreement. Anyone else have any questions?
Mayor Pro Tem Lilburn stated could Public Services Manager Morgan address Jody Scott' s comment on the recycling?
Public Services Manager Morgan stated okay, so recycling, when she first started in the solid waste business, recycling was a revenue stream, and it was actually a credit against the rates. As the markets, the recycling markets, you have to think of them like the stock market. They do change daily and based on demand of the products. About four years ago, the country of China passed what they called the sword policy and said basically that they would not take any more recycling or waste from the United States at all, period, and predominantly most of our cardboard and our plastics would go to China to manufacture. They would actually come back to the United States to be manufactured into products, but they would be broken down so we could use them again. When China did that, it threw the recycling market upside down. Nobody had any place to take anything, things were getting stockpiled, there were actually fires that were happening because of cardboard stockpiling by the ports and the other countries surrounding China also, said not us, we are not taking it either. Since then, we have seen a little come back of the recycling market. China has now started taking some of our stuff again, but it has to be very, very clean. Basically, cardboard and plastic because they realized that they needed the source material as well. So, we have seen some comeback of the stock of the recycling market. The problem this year was not the recycling, the problem this year truly was that mixed organics fee. Recycling, the cost of processing, actually was reduced this year. Last year we were charging $ 2. 16 per household, per month, and this year it is proposed to be $ 1. 71. So, we see that happening now, we are hoping that it continues, and it will keep coming down. If we ever see that revenue stream come back, she does not know because of the processing fees, but it is starting to drop. The green waste, used to be called green waste, was $ 3. 01, but because we have to now include the processing fee for food waste which actually has to go to a composting facility that went from $ 3. 01 to

4. 96, it is a big jump. One of the other things she can talk about too is the trash disposal was going from $ 4. 09 to $ 4. 64. That is a fee we do not control. That is the tipping fee at the landfill. Burrtec does not control it, the County does. This year when the County gave us notice of what our proposed rate was going to be for the next year under our waste delivery agreement, it was significantly higher because it is based on the CPI. So, you will have an item that comes before you later this evening to actually pass an amendment to that WDA that will affect these rates. It will actually reduce them but because our rates have to be done so early to meet our deadlines, we will not realize that discount until next year. So next year you will see a discount. Just like this year you saw a 12- cent credit that was from a

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reduction in the WDA rate last year after we passed our rates. So, all of that portion is not truly controlled by Burrtec. It is either the market, it is the processing fee at the facility it goes to, or it is the County. The only fee that goes to Burrtec is their operator fee, which is based on a CPI, and it is controlled by the franchise agreement. Any other questions?
Mayor McCallon stated thank you. Well, he wants to see if there is any more public comment before we proceed. He only has two speaker slips. Is anybody in the audience who wishes to speak either for or against this item? Gregory Hogan stated he lives in Highland. Public Services Manager Morgan mentioned something about the cardboard and the EPS which is expanded polystyrene. What happens with the aluminum? Because aluminum is usually recycled and from what he understands the State gives a nickel for every can. That is recycling, you guys have sorters, right? They have sorters that sort these things out that could be in the millions of dollars, right?
Public Services Manager Morgan stated so, while yes, the aluminum does have a revenue, most people do not put it in their recycle cart, so the amount of aluminum that we actually receive from what we collect is very little compared to the other products. There is a report that is provided by Burrtec when they request their rate increase that staff reviews that gives us, and she believes we included in the report to the subcommittee, that gives us the amount of each commodity that they have collected, the average processing costs of the facilities, because Burrtec shops around for the best price for their processing and because they do not do it. They have to sell the commodity to whoever is going to give them the best price for the processing. She reviews that based on what she is seeing in the markets, what she is seeing, what we think we collect, but the composition of our blue carts is not predominantly bottles or cans or anything like that. The predominant component is cardboard.

Mayor McCallon stated he is going to close the public hearing. He has no other speaker slips and no one else wanted to speak. He will bring it back to the Council for discussion, questions, and comments.

Mayor Pro Tem Lilburn stated so you know, we are back in this spot again and when this first came to the Council and we took it to put it on the tax roll, there were a number of reasons she supported it. She too, is single, and have to pay my bills as well and it is a hardship on all of us. One of the benefits was that a portion of that was going to come back and pay for our code enforcement [ officer], which was going to help us eliminate some of the trash cans staying out in the streets. We have a lot, especially on the west side, we have a lot of people who are renters as well and so the homeowner actually does not enforce what their tenants are doing.

So, this was going to help keep our streets clean. Street sweeping, a lot of times our street sweeper cannot get by because the cars are staying in the streets so long, especially with neighboring apartments and so on and so forth. What happened to us enforcing fines on those that do not follow the rules, whether be it the homeowner or the tenant. She knows we cannot fine the tenant, but we can fine the homeowner when their tenant does not follow our ordinances. Why do we

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keep going back to the same house, the same house, and those renters are actually not the ones that are paying their taxes, like us homeowners, they have no skin in the game. Why can' t we start fining these people, especially when it comes to our businesses when there is trash all over? Right now, if you go down Base Line, she pulled into town and she thought it was hideous and no fault of Burrtec by any means because she knows all we have to do is pick up the phone and call them and they will be out here, but she thinks a lot of it falls, it is like a child and a parent. You know, have some responsibility and our homeowners need to start having responsibility. The apartment owners need to have people start cleaning up their places and she thinks that once we start hitting them in the pocketbook and maybe this will help supplement or go back into that pot for the trash waste. She has a question. So those are her comments. She really was counting on that code enforcement [ officer], and she knows she is out there working, and she knows she is making a difference. She sees that as we take one step forward and she is taking two steps back because nobody really cares, and so she thinks if we really start enforcing it with fines, maybe we will see a difference. My question is on the senior rates, like Jeffrey Court, those seniors are on a limited income as all seniors are. Is that rate going to increase their fee as well? Obviously, the owners of the apartment complex pass it on to the seniors as an individual and this is hard on them. Is that rate affecting them as well? Public Services Manager Morgan stated so Jeffrey Court is a commercial business, right? It would be classified as a multi -family commercial. The State classifies accounts as single-family homes or residential, two to four units is residential multi -family, which is on our tax roll and then anything five units or more is considered multi -family commercial and then businesses are commercial. So, Jeffrey Court would be a multi -family commercial. They have solid waste bins and so they would be under the commercial rates because commercial multi -family and just general commercial are billed the same. So, there is no senior rate for senior housing that utilizes trash bins that are more than five units. There is no way for us, and she is not the City Attorney, but when we have explored discount programs and solid waste, the discount programs have to be tied to the service because we cannot discount one group over another group. The senior rate is able to continue because the residential customer receives a smaller trash can, so there is a smaller cost to collecting that trash because the trash can is smaller. When we went automated the City Attorney gave an opinion that we could not continue that senior rate if we did not reduce the trash can size to reduce the cost of the service.

We would not have been able to keep the senior rate when we went automated because of change in laws. If we provided them the exact same service that the residential customer receives, so there is no way to discount a commercial business, which is Jeffrey Court, because they are receiving this service. There is no way for us to reduce their service.

Mayor Pro Tem Lilburn stated a smaller bin.

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Public Services Manager Morgan stated if we give them a smaller bin, she will tell you that her staff continuously evaluates service levels and service size because we do not want overflowing bins which then is flowing trash, and we see that trash on the street. If they are able to reduce how much trash they put in the bin, then we can do what is called right size their service. We can reduce their bin, but we can go out and evaluate it and see if there is a way for us to reduce their service to reduce their costs, but that is the only thing we can do. We would have to reduce their service and we do not want them to have less service than what they need.

Mayor Pro Tem Lilburn stated she agrees with that. Can you tell her some of the challenges that we are having with our Code Enforcement and with the trash out there.

Public Services Manager Morgan stated so with illegal dumping or blowing trash. As soon as we find it, we report it, and Burrtec picks it up. There are also areas of the City, for example, the Boulder/Orange corridor between Redlands and Highland, Burrtec actually patrols that daily. We started to see a big uptick of illegal dumping in that area and so she asked them if they could patrol it on a regular basis and they actually committed to doing it once a day. So, when we see certain areas Burrtec will work with us to try to address it. She would like to point to one reason why it happens, and she can' t. There are several reasons why it happens. We have an uptick of transient population. There are some people who just do not care. We do have sometimes businesses who reduce their service because they do not want to pay anymore and then that results in their bins overflowing or scavenging which results in trash everywhere. If her staff or her are made aware of a problem, or even if we are not made aware and we just see it on our own, we address it. We try as much as we can. She will go to two things that Mayor Pro Tem Lilburn talked about. Cars in the street, she cannot fine a car for being legally parked in the street. The City staff does not handle cars that are legally parked, not registered, or have not moved. If we come across the vehicle that we believe has not moved or it is not properly registered, we do refer that to the Police Department and they handle it, but we do follow up so we may become aware of a car that say has not moved in a week or two weeks because we can just tell, it is dusty, and there is trash around it, those kinds of things, or it has been reported to us. We will go out to validate the complaint, refer it to PD, and then we will follow up with PD to make sure it was addressed, and if the car was not moved, what was the reason why. So, we do follow through even though it is not our responsibility. Carts in the street, there is a big difference between a cart being left out on the street and a cart being left by a home. Carts in the street are addressed immediately. They are actually issued a notice of violation, which is their first warning. The problem that we have sometimes is that we may visit a residence who has a cart in the street that they left it out there, and there are usually two reasons for that. One, there is a parking issue in the neighborhood. They do not want certain people to park in front of their house, so they play what we call the trash cart game. So, they leave their carts out or put them in certain areas so people cannot park there. When we come across that situation, we try to address what is the initial problem so we can try to figure out how we can resolve their issues. The other issue is it is a tenant they do not know, or something may have happened to the person, but we give them a notice that starts a case. We are

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starting the progression of enforcement. She will say usually after the first notice we get compliance and then we monitor it for a couple weeks and then we close the case. Two or three months go down the road, the person does it again. We have to start the progression of enforcement over again. We have to issue that first notice and then we wait to see if they are going to comply. We visit with them whether it is the tenant or the property owner. If we can figure that out, we will try to reach out to the property owner. If it is a tenant, to let the property owner know hey, your tenant is doing this because when we initially go out there, we do not know who is a tenant and who is a landlord. We just know we leave it to with the occupant of the property, the notice, and then if we realize it is a tenant, then we will try to reach out to the property owner, but we do not always have that information. We work closely in conjunction with Code Enforcement to try to obtain that information, but it is not always readily available.

Mayor Pro Tem Lilburn stated so when you find that if it is a tenant, do you go forward and turn it into the appropriate party so they can ask them for a rental, they need to get a rental license.

Public Services Manager Morgan stated anytime we are aware of a business, so a rental property would be considered a business in the City, they have to have a business license. They have to register with Code Enforcement. Anytime we are aware of a situation where a business does not have a license or is not doing something they are supposed to, we do advise the appropriate department, but again, it is not our job to enforce business license or things, so we will not follow up in that case because it is within the interior of City Hall. Once we are aware, then we also reach out to the property owner, because ultimately it is the property owner' s responsibility. Solid waste goes with the property, it goes to the property owner. They are responsible for their rates, the bill, they are responsible for how the carts be maintained, those kinds of things. So, we do follow up. What she will say is that usually we get compliance right away and then it will be good for six months and then they fall out again for whatever reason.

Mayor Pro Tem Lilburn stated right, she knows. She will say she calls staff a lot.

She is one of those that complains, but that is her job, to drive the streets, look out for the City and the residents, especially in this district. She cannot drive all the districts, but she tries to at least drive you know mostly where the troubled areas are. She will say that the Public Services staff, when she does call, they are very responsive. She feels like she is beating you guys down, she is always calling, and you are so responsive. It is disappointing to see that you guys are working so hard, and she sees the City digressing with the trash on the streets. She knows there is a lot of additional transients out there, but at some point, we cannot keep doing the same thing and expecting the different results and hopefully getting it cleaned up. So, this is the time to discuss it and she appreciates you doing that. So, those are her concerns, paying more money for our trash and seeing a less of a result.

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Public Services Manager Morgan stated she will say that she is hopeful that with these new requirements for flipping the lid, checking the solid waste bins, that maybe, the first charge that she has talked to Burrtec and talked to her staff about is because we have to go out there and inspect these bins. We want to right size the service. She has no tolerance for overflowing bins because not only is it a solid waste problem, but it is also a stormwater problem, which is my responsibility as well. Stormwater actually has a rule that bins are supposed to be closed all the time. If they are overflowing, they cannot be closed so we will be right sizing people' s service again. We do try to adjust it when we go out and do stormwater inspections as well, but she is hoping with all these new services rolling out that we can also make sure that commercial businesses have adequate service for what they are collecting. We have also made a big push for businesses that readily have scavenging or problems with the public that they actually secure their bins and the way they secure their bins is, if they are on an older business that does not have a trash enclosure, you build a trash enclosure and you put a roof on it and you secure it with locks and so that way it makes it harder for the general public to break into your bin. If they are reticent to build a trash enclosure, then we hold them responsible to keep their area clean. She cannot force a business to build a trash enclosure, only if they come in for modifications to their property. So, as modifications are happening, her department does condition those properties to build a trash enclosure, put a roof and secure their area.

Mayor Pro Tem Lilburn stated one thing Gregory Hogan alluded to was the recycling of the cans and what is going on with our streets too. She noticed because we have the recycling centers mostly down in this area, we get a lot of street pickers who are going through our trash. They are pulling it out and they are taking those recyclables that actually belong to the City. You know, we cannot approach them and so they are actually taking property that belongs to the City that we could get credit for or funds for.

Public Services Manager Morgan stated the difficulty with that is we have to catch them in the act. If we are made aware of it or we see it, we do stop and discuss it and if we need assistance of police, we do a request assistance because it is theft. The minute that something is placed in a commercial bin or the minute the residential cart is placed at the street, it is now the property of the City. So, when something is removed without permission of the City, then it is theft. So, we do try to address it. For the last two or three years, we had not seen a lot, but she has started to notice an uptick in that too as well. So, her staff, and her have been discussing how we are going to address it.

Council Member Timmer stated a couple of points really. Mayor McCallon and he sit on the committee that reviews this and we go into the details. All these details we have been talking about. We are looking at recycling issues and other issues and it is a tough decision to look at what is happening out there and saying the cost of stuff is, he means we do not have to go very far. Look at what gasoline is doing or what food is doing. Well, Burrtec is facing the same issues that we are at home. They have to put in a proposal which we look at. Now it comes before the full Council, but we look at the recycling issue and staff talked about the recycling decline with China issues, and we talked aluminum and all those things. The

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revenue we used to collect from that used to subsidize a little bit, but that is all upside down now. It actually costs us to have a recycling program which is mandated by the State. Obviously, the cost of labor is hitting everybody, and he is sure the drivers are getting salary increases and stuff based on CPI, like everyone is getting. The cost of diesel, which runs on these trucks. Well now they are on natural gas and the natural gas is going up just as much as the other products. So, and then, of course, the big one is the state law that SB 1383. As distasteful as that is to him as an individual, that he has to bag an old banana and put it in with the green waste, to him it is ludicrous, but it is a State mandate. We have to come up with the process to do that program. If we do not, the fines could be significant and then the other issue is the County tipping fee. We talked about all these issues and when we talked about coming to the full Council with a rate increase and that is really hard, and we look at every method we have to keep those rates down. There are certain ones we have absolutely no control over and to him the thing with the contract that was talked about, we added some new benefits to the City that he thinks benefits every citizen in Highland. We talked about code enforcement, now it is being funded by Burrtec and indirectly by the taxpayers, all other users. We have a new fee for assessment for helping maintain our streets with because of the traffic of the trucks do on our streets. We also have the pickup program staff talked about where you just call and say there is trash in the City right- of-way and they come right away and pick it up. Or if he has an old couch or a mattress at his house and he wants to get rid of it. He just calls up Burrtec, puts it on his curb and they will come and pick it up. To him, that is worth $2. 00 a month to do those kinds of things. It is really hard to look at trash costs and increases and we do get some additional benefit, but it is a hard sell, and he knows both Mayor and himself look really hard at these numbers. It is tough, but we still have to come to the full Council because we have to get reimbursed from the recycles or the other programs, then we have to meet the State mandates that we have no control over. It is more conflicting than just saying, yeah, we want to raise the rates. There is a whole bunch of factors as you talked about that goes into the rate schedule. So that is all he has to say.

Public Services Manager Morgan stated she would like to just make two responses to that. The request from Burrtec is the allowable request under the franchise agreement. It is not an extraordinary request based on the costs of things right now. It is strictly based on a CPI. The CPI takes into account, not exactly right now, but in the past, as well as the future, she means as well as currently, but they did not come in with an extraordinary request. This is the normal reclass. The problem is it truly is the SB 1383, it is the bulk of it, and it was the higher tipping fee at the county as well. The contract she would like to summarize those benefits we received when we adopted this contract. There were several things that we received in exchange for property tax roll billing. Burrtec, really only requested one thing during those negotiations, and that was to go to tax roll billing. In exchange, she asked for everything. She asked for a code compliance officer funded by Burrtec for her department, which they fully fund benefits and salary. She asked for the illegal dumping program because she had heard they had done something similar in the City of San Bernardino. The City of San Bernardino receives certain areas or streets to be picked up by Burrtec, she asked for the whole City. She asked for the bulky items to be increased so we receive more pickup days and you

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have received more items to be picked up each time. Then she also asked for our residential customers to not pay for street sweeping anymore, and they agreed.

They agreed to all of those things in return for one thing, which was taxable billing. So, that is just a summary of why the contract is the way it is and why we are doing tax roll billing and what we took in exchange for that.

Council Member Solano stated she does not have any questions, but she does have a comment. She would like to echo what Council Member Timmer was saying. She knows when this comes up to us it is a tough situation we get put in.

Basically, like a double- edged sword and with other factors that are out of our hands that we have to take into account. She appreciates staff for explaining everything. The information is so good and there have been times where, like Mayor Pro Tem Lilburn says, you have to call because trash. Even within her neighborhood, within neighboring city streets, there are mattresses left out right in front of residences, and staff has been helping, responding to that as well and responding to that very quickly. She knows this is a very tough situation, but with her experience with staff they have been helping her through this and it has been a positive experience for her on her side as well.

Mayor Pro Tem Lilburn stated she just has one more comment and she guesses that this is for everyone, it is that we vote people in, and we vote our legislators in.

They say they are going to do one thing but they do not really give a hoot about local government. So, we are supposed to have non -funded mandates. They are supposed to go away but in fact they have actually increased and so we have a number of those, and so when we go to do things for you these are non -mandated things that get shoved down to us, then it trickles down to our residents. It is unfair, so we need to remember that when we hear people on these three -minute blurbs that this is what they are going to do for us, what they do for us and our local communities is a lot of times they get up to where they are going, and then they forget about our local government. She just wants to say these decisions are hard on us because they are non -mandates, and they shove all these things down our throats, so we have to make the tough decisions and pass it on to you. So, you know a lot of times we are sorry that we must do this because we live here as well and we have to pay the same fees and the rates that you do, so she just wanted to make sure she clarified that.

Mayor McCallon stated thank you, any other comments or questions.

Council Member Timmer stated do we need to ask about the protest vote at this point because it says in our ordinance that it is more than 50%. He just wants to make sure we are well below those numbers.

City Clerk Hughes stated we have received five on record which were included the in the agenda. No additional protest letters were received.

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

1. Adopt Resolution No. 2022- 031 establishing rates for residential and commercial/ industrial refuse collection and rescinding Resolution No. 2021- 031 effective July 1, 2022, in the event that the City Council determines that a majority protest does not exist. Approval requires a two-thirds vote of the members of the City Council; and

2. Adopt Resolution No. 2022- 032 providing for the levy and collection of solid waste program fees by the county tax collector in the same manner and at the same time as general taxes, in the event that the City Council determines that a majority protest does not exist. Approval requires a twothirds vote of the members of the City Council. Motion carried, 4- 0, with Council Member Chavez being absent.

RESOLUTION NO. 2022- 031

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

CALIFORNIA, ESTABLISHING RATES FOR RESIDENTIAL AND

COMMERCIAL/ INDUSTRIAL REFUSE COLLECTION AND RESCINDING RESOLUTION 2020- 030, EFFECTIVE JULY 1, 2022
RESOLUTION NO. 2022- 032

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

CALIFORNIA, LEVYING CHARGES FOR REFUSE COLLECTION SERVICES FOR FISCAL YEAR 2022- 23 PURSUANT TO CHAPTER 8. 12 OF THE

HIGHLAND MUNICIPAL CODE AND ORDERING THE RESIDENTIAL

CHARGES TO BE COLLECTED ON THE COUNTY OF

SAN BERNARDINO TAX ROLL
Council Member Timmer stated can he ask one question? On page three we have the report comparing all the cities. Obviously, we are way ahead as you mentioned in your report, could we get an update? Not necessarily for the Council meeting but just as an update when the other cities have adopted their new rates and stuff to see how that has changed.

Public Services Manager Morgan stated she can conduct a new survey and will work with the City Manager on how to provide it in the proper manner.

Council Member Timmer stated this is so front -loaded. We look at that and say we have really high rates, but he knows as the rates come in from other cities, our numbers actually become more comparable.

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Public Services Manager Morgan stated right, and if you look at the rate survey, she usually only includes the valley cities and there was a big reason for that. The High Desert, up until now, did not include a green waste cart because you live in the desert, you normally do not have turf or grass, so if there was a resident who had turf or grass, they had to pay extra for their cart. It was not included in their monthly service so we never included them in our surveys because it would lop side. It would make it very lopsided. They are now having to institute another truck, another route, and another cart for their residents. Those residents are going to experience the green waste they do not have because they have to put their food waste somewhere. So, their rate increases this year are going to be substantial, and so if we see that they are starting to provide like services, we will start including them in the survey.

27. Street and Drainage Maintenance District 96- 1 — Annual Report (Fiscal Year 2022- 2023)
Mayor McCallon stated Item 27 is another public hearing on Street and Drainage Maintenance District 96- 1. He will open the public hearing, asked for a staff report by Public Services Manager Morgan.

Public Services Manager Morgan stated good evening, Mayor, and Council Members. So, the item before you, Item Number 27, is the approval of the resolution that would order the continued maintenance of improvements in the Street and Drainage Maintenance District Number 96- 1. It confirms the engineer' s report, and it will levy the assessment for fiscal year 2022- 2023. At your May 10 2022 Council meeting, she did a detailed presentation on this item. Council did receive the engineers report at that time. She has attached that staff report because it includes more of the details, and she concludes my presentation because she did it last time. She can open it for questions now.

Mayor McCallon stated any questions of staff before he asks for public comment.

Seeing none, he has no speaker slips. Is there anybody in the audience who wishes to speak either for or against this item? Seeing none he will close the public hearing and bring it back to the Council for discussion or action.

A MOTION was made by Council Member Timmer, seconded by Mayor Pro Tem Lilburn, to approve Resolution No. 2022-033 ordering the continued maintenance of improvements in Street and Drainage Maintenance District No. 96- 1, confirming the Engineer' s Report, and levying the assessment for Fiscal Year 2022- 2023.

Motion carried, 4-0, with Council Member Chavez being absent.

RESOLUTION NO. 2022- 033

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

CALIFORNIA, ORDERING THE CONTINUED MAINTENANCE OF

IMPROVEMENTS IN THE STREET AND DRAINAGE MAINTENANCE
DISTRICT NO. 96- 1 AND CONFIRMING THE ENGINEER' S REPORT AND LEVYING THE ASSESSMENT FOR FISCAL YEAR 2022/ 23

06. 14. 2022 — cc regular

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28. Consolidated Landscape and Lighting District 96- 1 — Annual Report ( Fiscal Year 2022- 2023)
Mayor McCallon stated next is Item 28, a Consolidated Landscape and Lighting District 96- 1 annual report. He will open the public hearing and ask for staff report by Public Services Manager Morgan.

Public Services Manager Morgan stated good evening, Mayor, and Council Members. Once again, this is your annual public hearing for protesting of the Landscape and Lighting District Number 96- 1. With approval of this resolution tonight, it will order the continued maintenance of the improvements that are contained in the consolidated landscape and lighting district. It confirms the engineer's report and will be levying the assessment for fiscal year 2022-2023. As in the previous item, this item was also presented at the May 10, 2022 Council meeting, to set the hearing and also to preliminary approve the engineer' s report.

Her detailed analysis is provided in the previous staff report and that concludes her presentation. She can answer any questions.

Mayor McCallon stated any questions of staff before he asks for public comment.

Seeing none, he has no speaker slips on this item. Is there anyone in the audience who wishes to speak either for or against this item? Seeing none, he will close the public hearing and bring the item back the Council for action.

A MOTION was made by Mayor Pro Tem Lilburn, seconded by Council Member Solano, to approve Resolution No. 2022- 034 ordering the continued maintenance of improvements in Consolidated Landscape and Lighting District No. 96- 1, confirming the Engineer' s Report, and levying the assessment for Fiscal Year 2022- 2023. Motion carried, 4- 0, with Council Member Chavez being absent.

RESOLUTION NO. 2022- 034

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

CALIFORNIA, ORDERING THE CONTINUED MAINTENANCE OF

IMPROVEMENTS IN THE CONSOLIDATED LANDSCAPE AND LIGHTING DISTRICT NO. 96- 1 AND CONFIRMING THE ENGINEER' S REPORT AND LEVYING THE ASSESSMENT FOR FISCAL YEAR 2022/ 23

CITY COUNCIL LEGISLATIVE

29. Resolution of Intention to Establish City of Highland Community Facilities District No. 2022- 01 ( Mediterra) Generally on Greenspot Road east of La Cresta Street Assistant Public Works Director Bennett gave a brief review of the staff report.

06. 14. 2022 — cc regular

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A MOTION was made by Council Member Timmer, seconded by Mayor Pro Tem Lilburn, to adopt Resolution No. 2022- 035, as amended, a Resolution of Intention of the City Council of the City of Highland to Establish Community Facilities District No. 2022- 01 ( Mediterra), and to authorize the levy of a special tax within City of Highland Community Facilities District No. 2022- 01 ( Mediterra), with amended Rate and Method of Appropriation ( RMA). Motion carried, 4- 0, with Council Member Chavez being absent.

RESOLUTION NO. 2022- 035

A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF

HIGHLAND, CALIFORNIA, TO ESTABLISH CITY OF HIGHLAND COMMUNITY FACILITIES DISTRICT NO. 2022- 01 ( MEDITERRA) AND TO AUTHORIZE THE

LEVY OF A SPECIAL TAX WITHIN CITY OF HIGHLAND COMMUNITY FACILITIES DISTRICT NO. 2022- 01 ( MEDITERRA)

30. A Special Event Permit ( SEP 22- 004) Application by the Highland Area Chamber of Commerce for the " Discover Highland 5K and 10K Community Run" and Request for Co -Sponsorship
Planning Technician II Martinez gave a brief review of the staff report.

A MOTION was made by Mayor Pro Tem Lilburn, seconded by Council Member Solano, to:
1) Approve the Special Event Permit ( SEP 22- 004) subject to the conditions of approval;
2) Authorize the use of the City logo for promotional items; and 3) Approve a request by the Highland Area Chamber of Commerce for cosponsorship and waiving of City police fees and Public Works traffic control fees in the amount of approximately $ 11, 007. 86. Motion carried, 4- 0, with Council Member Chavez being absent.

31. Amendment No. 8 to the Waste Disposal Agreement with the County of San Bernardino
Public Services Manager Morgan gave a brief review of the staff report.

A MOTION was made by Council Member Solano, seconded by Council Member Timmer, to approve and authorize the Mayor to execute Amendment No. 8 to the Waste Disposal Agreement ("WDA") between the City of Highland and the County of San Bernardino to include capping the WDA per ton fee to eighty-five percent of the public gate rate and a provision to cancel the contract only for cause. Motion carried, 4- 0, with Council Member Chavez being absent.

06. 14. 2022 — cc regular

-22-

32. City Manager Report and Comments ( Work Program,_ Regional/ Legislative/ Development Issues, Subcommittees, etc.)
City Manager Hughes stated the City received some state funding from the Highway Safety Improvement Program to install pedestrian countdown signal heads at twenty- six intersections within the City. So, this phase of it, the funding was actually for the preliminary engineering work, and it will cover 100% of the design costs. We will be bringing forward an award for the contract to do those services at the next City Council meeting. At the Historic Board meeting, the historic bank building at Palm and Main came before the Historic Board. There is a new owner, and the Historic Board is working with that owner. They are kind of going back and forth on some design ideas for that building, so we will see, hopefully something happens with it. On Saturday June 4, the Community Trails Committee held the 26th Annual Trails Day event and it was a success. Just to make the Council aware we have gone back out to bid again for the demolition of the single- family structure on Central Avenue. The City had gone out to bid on that and the bids that we had received for the first go around were too high. So, we rejected all the bids. We have modified the scope a little bit, and we are putting it back out to bid, so that will be coming back before the City Council hopefully on August 9. Just a couple things to mark on your calendar. Saturday, July 2, the Highland Improvement Team will be doing a clean- up at Community Park.

Monday, July 4 will be the City' s 4th of July parade. Staff is working diligently on that. On Wednesday, July 20, from 12: 00 p. m. to 1: 00 p. m., will be the Public Safety Appreciation Potluck. Again, we are only doing one potluck at the police station this year to try and get back into the swing of things from COVID. Hopefully, next year we can go back to where we are doing it at each fire station, plus the police station and spread it out over a week, but for this year it will just be one day]. On Saturday, July 23, there is going to be an oil filter exchange that will be held at AutoZone from 9: 00 a. m. to 2: 00 p. m. Since we talked about illegal dumping, during the month of May, Burrtec completed 172 illegal dumping work orders in the City. The Sheriffs Department, just a few quick stats, calls for service from May 9 to June 12, they responded to 4, 178 calls for service, made 300 reports, and 191 arrests. Our Fire Department during the month of May responded to 648 calls for service. As of June, they have 252 and year to date is 3, 464.

33. Council Member Comments ( Agency/ Committee/ AB 1234 Reports, District Updates, etc.)
Council Member Timmer stated he is sure you have all seen the Base Line Corridor and the bridge project which is just about complete with a few minor things left, and he has received positive comments from the people that live north of Base Line, on the Seine Street area. The residents there now have a right hand turn without waiting for that traffic to be blocked up for hours there. They really appreciate putting that lane in. Staff is doing a great job.

06. 14. 2022 — cc regular

-23-
Mayor Pro Tem Lilburn stated she had the opportunity to attend the Trails Day event and she wanted to thank staff for putting that together. It was a great event.

She really wanted to say thank you to the HIT team. When we were walking the trails, the HIT team was out there, and they were picking up trash and there was a number of people helping out. There was great attendance for the event. She also wanted to say thanks to our Mayor for doing a great job at the Memorial Day event.

She was unable to attend, however she heard Mayor McCallon presented a great speech. Thank you for representing us.

Mayor McCallon stated it was a well -attended event and we have not had the Memorial Day event in such a long time. It was great to have it back. Council Member Timmer was also present, remembering all of those who have died. He will not be present for the July meetings as he will be in Belgrade, Serbia, with a church project. This was scheduled prior to the City Council having one meeting per month when Council was dark in July.

ANNOUNCEMENTS
None

CLOSED SESSION
None

ADJOURN
There being no further business, Mayor McCallon adjourned the meeting at 7:40 p. m. in memory of Ron Covey, Gene Dutrey, Alejo Lujan Vasquez, Nevaeh Alyssa Bravo, Jacklyn Jaylen Cazares, Makenna Lee Elrod, Jose Manuel Flores, Jr., Eliahna Amyah Garcia, Irma Garcia, Uziyah Garcia, Amerie Jo Garza, Xavier James Lopez, Jayce Carmelo Luevanos, Tess Marie Mata, Maranda Gail Mathis, Eva Mireles, Alithia Haven Ramirez, Annabell Guadalupe Rodriguez, Maite Yuleana Rodriguez, Alexandria " Lexi" Aniyah Rubio, Layla Marie Salazar, Jailah Nicole Silguero, Eliahna Torres, and Rojelio Fenandez Torres.

Submitted By: Approved By:

Betty Hughes, MMC
City Clerk
Larry McCallon
Mayor

06. 14. 2022 — cc regular

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DATE:

FROM:

REVIEWED BY:

PREPARED BY:

SUBJECT:

RECOMMENDATION:

FISCAL IMPACT:

PUBLIC NOTICE:

BACKGROUND:

STAFF REPORT

TO THE CITY COUNCIL
July 12, 2022
Joseph A. Hughes, City Manager
Chuck Dantuono, Director of Administrative Services/City Treasurer a Leticia Nava -Cruz, Accounting Supervisor
Warrant Register # 743
City Council to approve Warrant Register # 743; Warrants in the amount of 2, 475, 129. 48 and Payroll in the amount of $ 196, 034. 93.

The total of Cash and Expenditures is $ 2, 671, 164. 41.

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

See Printouts Attached.

Approved Motion Second Agenda Item No.

Denied Ayes
Continued Noes File No.

Tabled Abstain
Absent ,.

City Jerk City Manager
-1-
Warrants:

Payroll:

CITY OF HIGHLAND
WARRANT REGISTER # 743
July 12, 2022
6/ 14/ 2022 Ck# 85376- 85405
6/ 17/ 2022 Payroll Wire # 687- 690 & Ck # 85406- 85407 6/ 21/ 2022 Ck# 85408- 85450
6/ 28/ 2022 Ck# 85451- 85473
6/ 30/ 2022 Payroll Wire # 691- 694 & Ck # 85474- 85475 7/ 5/ 2022 Ck# 85476- 85531
6/ 17/ 2022 Direct Deposits # 11896- 11936
6/ 17/ 2022 Ck # 663
6/ 30/ 2022 Direct Deposits # 11937- 11977
6/ 30/ 2022 Ck # 664
APPROVED BY:

Larry McCallon
Finance Subcommittee
John Timmer
Finance Subcommittee
381, 694. 43
60, 086. 93
406, 292. 92
211, 526. 99
52, 384. 11
1, 363, 144. 10
Total Warrants $ 2, 475, 129.48
104, 075. 65
285. 72
91, 334. 29
339. 27
Total Payroll $ 196, 034. 93
Total Warrants & Payroll $ 2, 671, 164. 41
Joseph ghes
City i _ ager
jc)a___CZt\------
Chuck Dantuono
Director of Administrative
Services/ City Treasurer
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CITY OF HIGHLAND
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CITY OF HIGHLAND 06/ 14/ 2022
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CITY OF HIGHLAND
Bank code
EO
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CITY OF HIGHLAND
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EO
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CITY OF HIGHLAND
Bank code :
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Voucher List
06/ 14/ 2022 3: 47: 58PM CITY OF HIGHLAND
Bank code :

E 0 wc
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6 Vouchers for bank code :

Total vouchers : 6 Vouchers in this report
-21-
Voucher List
a cpLa

CITY OF HIGHLAND
E
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Voucher List

CITY OF HIGHLAND
Bank code :

EO
Description/ Account
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Voucher List
CITY OF HIGHLAND 10: 40: 10AM
Bank code :

E
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Voucher List coa
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Voucher List
aco

CITY OF HIGHLAND
Bank code :

E
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Description/ Account
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