Agenda, regular meeting, second session — Highland City Council, August 9, 2022 (part 1 of 4)

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
August 9, 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 •• ( 909) 862- 3180 A -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 August 9, 2022, to the City Clerk at publiccomment cni cityofhighland. orq. If you are submitting a public comment pertaining to an item on the August 9, 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 ( Nos. 15 and 16), 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(a 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
AUGUST 9, 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 August 9, 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 — July 12, 2022 City Council Regular Meeting RECOMMENDATION: Approve the Minutes as submitted.

3. Minutes — July 14, 2022 City Council Special Meeting RECOMMENDATION: Approve the Minutes as submitted.

4. Warrant Register
RECOMMENDATION: Approve Warrant Register No. 744 for August 9, 2022, in the amount of $974, 252. 94 and Payroll of $229, 007. 60.

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

6. Claim Consideration — Anthony Serrano
RECOMMENDATION: George Hills Company recommends Council reject claim.

7. Declare One ( 1) Seat Vacant on the Historic and Cultural Preservation Board RECOMMENDATION: That the City Council:
1) Declare one ( 1) seat vacant on the Historic and Cultural Preservation Board; and
2) Direct the City Clerk to advertise the vacancies on the Historic and Cultural Preservation Board.

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

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9. Contract Bid Award — Bid No. 2022- 06, " Highland HVAC Systems Maintenance, Monitoring and Repair"
RECOMMENDATION: That the City Council award the contract to provide maintenance, monitoring and repairs to City facility HVAC units to the lowest responsive bidder, F. M. Thomas Air Conditioning, Inc. ( Thomas).

10. Contract Bid Award — Bid No. 2020- 11, " Asbestos Removal and Demolition of a Single -Family Residence and On -Site Improvements Located at 7433 Central Avenue"
RECOMMENDATION: That the City Council:
1) Award the contract for Bid No. 2020- 11, " Asbestos Removal and Demolition of a Single -Family Residence and On -Site Improvements Located at 7433 Central Avenue" to the responsible low bidder, BeckCo, Inc., in the amount of $47,575. 00; and
2) Approve the following budget adjustment for FY 2022/ 2023: Transfer 47, 575 from 070- 2100 ( Housing Authority -Fund Balance) to be expended from 070- 7000- 4556 ( Contract Services -Demolition).

11. Cooperative Fire Protection Agreement ( Automatic Aid Agreement) between the City of Highland and the Bureau of Land Management ( BLM) RECOMMENDATION: That the City Council authorize the Cal Fire Battalion Chief Sean Landavazo to execute the Cooperative Fire Protection Agreement on behalf of the City.

12. Cooperative Agreement with Caltrans for Victoria Avenue Interchange/ Project No. ich17006
RECOMMENDATION: That the City Council:
1) Approve a Cooperative Agreement with Caltrans for Implementation of the Project Approval/ Environmental Document ( PA/ ED) Phase of the SR-210 Interchange; and
2) Authorize the Mayor to sign the Cooperative Agreement.

13. Revised Memorandum of Understanding with Yuhaaviatum of San Manuel NationNictoria Avenue Interchange
RECOMMENDATION: That the City Council:
1) Approve the revised Memorandum of Understanding ( MOU) with Yuhaaviatum of San Manuel, formerly known as San Manuel Band of Mission Indians ( San Manuel), for implementation of the Project Approval/ Environmental Document Phase of the Victoria Avenue Interchange Project; and
2) Authorize the Mayor to sign the MOU.

14. Second Reading of Ordinance No. 453 — City of Highland Community Facilities District No. 2022- 01 ( Mediterra) Authorizing the Levy of a Special Tax Therein RECOMMENDATION: That the City Council conduct a second reading, read by title only, waive further reading of Ordinance No. 453, an Ordinance of the City Council of the City of Highland, California, Acting in its Capacity as the Legislative Body of City of Highland Community Facilities District No. 2022- 01 ( Mediterra) Authorizing the Levy of a Special Tax Therein.

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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.

For those wishing to make a public comment regarding a public hearing item ( Nos. 15 and 16), 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. orq. 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.

15. Adoption of an Urgency Ordinance, Extending for an Additional 12 Months through August 23, 2023, an Existing Moratorium on the Approval of Applications for Land Use Entitlements for New Service Station Uses or the Expansion in the Number of Pumps of Existing Service Station Uses
RECOMMENDATION: That the City Council adopt Ordinance No. extending the moratorium on the approval of land use entitlements for new service station uses and expansion in the number of pumps at existing stations for an additional 12 months.

16. Specific Plan Revision ( SPR 22- 001) Proposing an Amendment to the Greenspot Village & Marketplace Specific Plan ( SPR 06- 001) to Increase the Total Dwelling Unit Count from 800 Dwelling Units to 946 Dwelling Units and Design Review Application ( DRA 22- 004) Proposing the Construction of 546 Multi -Family Residential Units, a 7, 500 Square Foot Leasing Office, Recreation Areas, and Outdoor Courtyards on a Vacant Site
RECOMMENDATION: The Planning Commission recommends the City Council:
1) Introduce Ordinance No. to amend the Greenspot Village & Marketplace Specific Plan ( SPR 22- 001); and
2) Adopt City Council Resolution No. 2022- to approve Design Review Application ( DRA 22- 004) subject to the Conditions of Approval and Findings of Fact.

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CITY COUNCIL LEGISLATIVE

17. Sheriffs Department Schedule A Amendment for Fiscal Year 2022/ 2023 RECOMMENDATION: That the City Council:
1) Authorize the Mayor to execute the amended Schedule A contract ( FY 2022/2023 for Law Enforcement Services with the San Bernardino County Sheriff' s Department when received; and
2) Approve the following budget adjustments for FY 2022/2023; Expenditures of $ 303, 830 from 001- 2000- 4560 ( Contract Services -Police Services) and Revenues of $13, 065 from 001- 1450- 7100 ( Sales Tax) and $ 290, 765 from 001- 1450- 9544 ( EVWD Police Services Fees).

18. Amendment to Measure I Five -Year Capital Improvement Program ( Fiscal Years 2021/ 2022 through 2025/ 2026)
RECOMMENDATION: That the City Council adopt Resolution No. 2022- approving the Amended Measure I Five -Year Capital Improvement Program ( Fiscal Years 2021/ 2022 through 2025/ 2026).

19. Measure 1 5-Year Capital Improvement Plan ( 2022/ 2023-2026/ 2027) RECOMMENDATION: That the City Council:
1) Approve the Measure I Capital Improvement Plan Expenditure Strategy 2022/ 2023- 2026/ 2027); and
2) Approve Resolution No. 2022- adopting the Measure 1 5- Year Capital Improvement Plan ( 2022/ 2023- 2026/ 2027).

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

21. Council Member Comments ( Agency/ Committee/ AB 1234 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.

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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.

September 13; October 11; November 8; December 13
I, Betty Hughes, City Clerk, certify I caused to be posted this Agenda on or before August 4, 2022, by 5: 30 p. m., on our website at www.cityofhighland. orq and in the following designated areas:

Highland Branch Library
7863 Central Avenue
Date: August 4, 2022
Fire Station No. 1 City Hall
26974 Base Line 27215 Base Line
Betty HuLi es, M
City Cler<

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STAFF REPORT

TO THE CITY COUNCIL
DATE: August 9, 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: August 9, 2022
FROM: Joseph A. Hughes, City Manager
PREPARED BY: Betty Hughes, MMC, City Clerk
SUBJECT: Minutes — July 12, 2022 Regular Meeting
RECOMMENDATION: Approve the minutes as submitted.

Approved
Denied
Continued
Tabled
Motion Second Agenda Item No.

Ayes
Noes
Abstain
Absent
City Clerk
File No.
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MINUTES

CITY COUNCIL REGULAR MEETING
JULY 12, 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 Pro Tem Lilburn at the Donahue Council Chambers, 27215 Base Line, Highland, California.

The invocation was given by Pastor Josue Zapata, CenterPoint Church, and the Pledge of Allegiance was led by Mayor Pro Tem Lilburn.

ROLL CALL

Present: Chavez, Lilburn, Solano, Timmer

Absent: McCallon

REPORT FROM CLOSED SESSION
None

SPECIAL PRESENTATIONS
None

PUBLIC COMMENT ( ITEMS NOT ON THE AGENDA)
Fred Yauger spoke regarding his appreciation of City employees for their efficiency in assisting with citizen' s concerns of the community.

Christian Flores spoke as a representative for the residents of Fairway Mobile Home Park who have concerns with park management.

David Gandolfi spoke regarding his request for a speaker timer, the need for a city application allowing citizens to report concerns and the need to livestream council meetings.

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CITY COUNCIL CONSENT CALENDAR
A MOTION was made by Council Member Chavez, seconded by Council Member Solano, to approve the consent calendar as submitted. Motion carried on a roll call vote, 4- 0, with Mayor McCallon 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 — June 14, 2022 City Council Regular Meeting Approved the Minutes as submitted.

3. Warrant Register
Approved 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
Received and filed 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)
1) Adopted Resolution No. 2022- 036 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) Authorized the Public Works Director/ City Engineer and the Director of Administrative Services/ City Treasurer to execute the claim documents.

RESOLUTION NO. 2022- 036

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND

AUTHORIZING PERIODIC SUBMITTAL OF PERIODIC CLAIMS TO SBCTA FOR TDA ARTICLE 3 FUNDS FOR
9TH STREET TRANSIT STOPS, SIDEWALK AND BIKEWAY IMPROVEMENTS

BETWEEN EUCALYPTUS DRIVE AND VICTORIA AVENUE)
SWK19001)

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)
1) Adopted Resolution No. 2022- 037 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) Authorized the Public Works Director/City Engineer and the Director of Administrative Services/ City Treasurer to execute the claim documents.

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RESOLUTION NO. 2022- 037

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

CALIFORNIA, AUTHORIZING PERIODIC SUBMITTAL OF PERIODIC CLAIMS TO SBCTA FOR TDA ARTICLE 3 FUNDS FOR

TRANSIT STOP ACCESS IMPROVEMENTS ON BASE LINE, BOULDER
AVENUE, 9TH STREET, AND OLIVE TREE LANE ( SWK19002)
7 Contract Renewal — 2017- 01 Landscape Maintenance Districts and Annexes Extended 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"
Extended 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
Issued the 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

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 jAggregatel), Section 5. 17. 040 Rock, Sand and Gravel [ Aggregate]), Section 5. 17. 040 ( Rock, Sand and Gravel JAggregatel Extraction and Processing Tax)
Mayor Pro Tem Lilburn stated she will open the public hearing and asked for staff presentation.

Community Development Director Mainez stated Mayor Pro Tem and members of the City Council, the item before you is a resolution related to an annual adjustment to the City mining tax. For this we use the CPI for Riverside, San Bernardino, and Ontario areas from May 2021 to May 2022. The CPI did increase by 9. 42%, therefore, staff is recommending the Council increase the mining tax by

9. 42%. Staff did publish the increase and we did notify the two mining operators of this increase, which will take effect back to July 1, and that concludes my brief presentation.

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Mayor Pro Tem Lilburn stated thank you very much. At this time, we have no speaker slips in favor of or in opposition of. If there are any, please address the Council. Hearing none and seeing none, she will go ahead and close this public hearing and open it up to the Council for any discussion or any questions.

Council Member Timmer stated this is something we have been routinely doing.

Nine percent ( 9%) sounds like a lot, but if you look at the actual pennies it is Tess than three cents. So, he will move the item.

A MOTION was made by Council Member Timmer, seconded by Council Member Solano, to adopt Resolution No. 2022- 038 fixing the Highland Business License Tax on the extraction and/ or processing of rock, sand, and gravel ( aggregate) for Fiscal Year 2022- 2023. Motion carried, 4- 0, with Mayor McCallon being absent.

RESOLUTION NO. 2022- 038

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

CALIFORNIA, 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
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 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. Motion carried, 4- 0, with Mayor McCallon being absent.

12. Engineering Services/AGA Engineers, Inc.

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 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. Motion carried, 4- 0, with Mayor McCallon being absent.

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13. City Manager Report and Comments ( Work Program, Regional/ Legislative/ Development Issues, Subcommittees, etc.)
City Manager Hughes stated just to bring the Council up to speed on a few items.

A kickoff meeting was held today with Southern California Edison regarding the replacement of the Edison owned street light fixtures in the City. As the Council is aware, we went through and changed all of our City owned fixtures to LEDs. It was a lot of upfront costs but it is now actually saving us money annually. We agreed with Edison to go through and do the same project on the Edison owned lighting in the City. There are about 669 lights that will be replaced, and Edison will bill us for that cost over twenty years to change the lights out. We will save an estimated annual savings of $21, 000 a year by changing out the lights on the electrical bill, so we think it is a win -win for the City. Last week, the Planning Commission recommended approval of a proposal by Alliance Residential Company to construct 546 multifamily townhomes and garden flat apartments in the Greenspot Village and Marketplace. They did request that the Council consider increasing the number of units in the specific plan area so that item will be coming forward to the City Council for your consideration. Entitlement and building permits for the O' Reilly Auto Parts store proposed for the northeast corner of Base Line and Hillview Street have expired. However, O' Reilly has come back in, and they are resubmitting again so we are hopeful that this time they will actually build. Once we know that they have actually submitted, we will let the Council know. The nomination period for District 2 and 4 elections being held on November 8, 2022, will begin July 18 at 8: 00 a. m. and will end August 12 at 5: 00 p. m. You will need to contact the City Clerk for an appointment to get that process started. July 23, there will be an oil filter exchange program at Auto Zone. On July 25, there will be a blood drive at the police station. The Public Safety Appreciation lunch that we had scheduled for next week, we are going to postpone it. We are seeing COVID rates go up pretty dramatically. We have three staff out with it right now, and we had three out last week and it has been making a run through Public Safety as well so we do not think it is a good idea to bring all three of our fire stations and a whole shift of police together into a room and share lunch right now. We are going to postpone that. We do not have a date yet; we are going to have to play it by ear and see how see things go. As of right now, we still have National Night Out scheduled for August 2. That event will be held outdoors this year. We are not going to do it inside the police station so we feel confident we can still hold that event as people can socially distance and such. In June, the Fire Department responded to 616 calls for service and so far in July they have responded to 84.

The Police Department, for the time period of June 13 to July 10, responded to 3, 576 calls for service, made 277 reports and made 133 arrests.

14. Council Member Comments ( Agency/ Committee/ AB 1234 Reports, District Updates, etc.)
None

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ANNOUNCEMENTS
None

CLOSED SESSION
None

ADJOURN
There being no further business, Mayor Pro Tem Lilburn adjourned the meeting at 6: 28 p. m. in memory of Charles Smith.

Submitted By: Approved By:

Betty Hughes, MMC
City Clerk
Larry McCallon
Mayor

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STAFF REPORT

TO THE CITY COUNCIL
DATE: August 9, 2022
FROM: Joseph A. Hughes, City Manager
PREPARED BY: Betty Hughes, MMC, City Clerk
SUBJECT: Minutes — July 14, 2022 Special Meeting
RECOMMENDATION: Approve the minutes as submitted.

Approved Motion Second Agenda Item No.

Denied Ayes
Continued Noes File No.

Tabled Abstain
Absent / I
g.h(/
City Clerk City Mana er
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MINUTES

A SPECIAL MEETING OF THE HIGHLAND CITY COUNCIL
JULY 14, 2022

CALL TO ORDER
The special meeting of the City Council of the City of Highland was called to order at 4: 00 p. m. by Mayor Pro Tem Lilburn at the Donahue Council Chambers, 27215 Base Line, Highland, California.

ROLL CALL

Present: Lilburn, Solano, Timmer

Absent: Chavez, McCallon

PUBLIC COMMENT ( LIMITED TO ITEMS ON THIS AGENDA ONLY)
None

CITY COUNCIL PUBLIC HEARING

1. Public Hearing to Consider Calling a Special Election; Declaring the Results of the Election; and Approving Formation and Levy of Special Taxes for City of Highland Community Facilities District No. 2022- 01 ( Mediterra) Generally on Greenspot Road, East of La Cresta Street
Mayor Pro Tem Lilburn stated at this time she will ask the City Clerk for the certificate of elections concerning the special election. This is just providing the certification on file.

Mayor Pro Tem Lilburn opened the public hearing. This is the time and place set for the public hearing on the establishment of City of Highland Community Facilities District 2022- 01 Mediterra. The extent of the district, the furnishing of specified types of services to serve the district and the proposed rate and method of apportionment of the special tax for the district.

City Attorney Marroquin stated for purposes of the record. The esteemed City Manager is going to be serving in his role as Deputy City Clerk for the proceedings today.

Mayor Pro Tem Lilburn stated she will refer to the City Clerk at this time for the proper noticing of the hearing. Has the City Clerk given notice of this hearing in accordance with the applicable law?

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City Manager/ Deputy City Clerk Hughes stated yes, notice of this public hearing has been published in accordance with the Mello -Roos Community Facilities Act and proof of such publication is on file with the City Clerk' s office.

Mayor Pro Tem Lilburn stated the public hearing is now officially open. We will first have a presentation from staff about the district and about the CDF report required to be filed with the City at today's hearing. After that we will receive comments and questions and any protests from any interested persons. When all comments have been received, the public hearing will be closed. At this time, she will refer to Assistant Public Works Director Bennett and ask him to give our staff report.

Assistant Public Works Director Bennett stated thank you Mayor Pro Tem and Council Members. He wants to point out first, before getting started, before you on the dais is the Resolution of Formation, revised and compiled to include the Amended Rate Method of Apportionment. This was also posted on the website today and there are copies available in the back of Council Chambers if anybody has questions to that addition. As he goes through the staff report, in general, he wanted to point to a couple of pages that might make it easier to see the boundaries of this special district that we are establishing. Within the staff report, pages 60 and 61, if you have that available in front of you, these two pages show the boundary map of the CFD district that we are establishing tonight. As we look at it, these are identified as Special Tax Areas A, B, C & D. He wants to describe what each one is and then go into further detail afterwards. Special Tax A applies to phases one and two, which are the under -construction properties by D. R. Horton on the westerly side of this map on page 60. Special Tax A generally deals with streetlights, median landscaping, and trails. Special Tax B applies to all phases one through four. Phases three and four are the areas that are not under construction at this time and that is the easterly portion of this property. For general reference, this is north of East Valley Water District' s headquarters and the development to the west is D. R. Horton. Generally, the development to the east of that is phases three and four. The Special Tax B generally includes the public park and trails. Further definitions are available within the report on pages 46 through

49. These boundaries describe those tax areas, further tax areas that are dormant tax, these are Special Tax C & D. They are for the majority of the streetscape, landscaping, private park, clubhouse and WQMP basin. Special Tax C & D would only be levied if the HOA fails to maintain these facilities. Again, detailed descriptions would be found within the staff report, pages 46 through 49. Within Resolution No. 2022- 039, there is the latter portion Exhibit B, which is the Amended Rate and Method of Apportionment. This is also found within your staff report, pages 41 through 58. So, if we could take a look at that and specifically the table. Table 51 is a table showing the max tax rates for the developed properties that would be levied in the years 2023- 2024. In this we have several land use classes. We have specifically the upper two, which are under development.

Phases one and two are single family, low density residential and as is phase three. Phase four, adjacent to Greenspot Road is generally the medium density residential property. That would be shown back on that map, in the boundary adjacent to Greenspot Road and northeast of East Valley Water District' s

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headquarters for reference. The single-family medium density residential, what was amended in this report, between the Resolution of Intent and the Resolution of Formation, was that the medium density residential or phase four maximum tax was lowered in proportion to the higher density expected for these phases. That is shown on land class in that table one of single- family medium density of the tax rates, Special Tax A, B, C & D individually. The overall report is to establish the districts, show the details of the services within the district and described by the CFD report, and the rate and method of apportionment. All that is contained within the report, we have discussed portions of this in the Resolution of Intent. If there are any questions, he would entertain those. With us today is the representative from Harris and Associates, who assisted us with this. The developers are in the audience tonight and they have provided their ballots as well. If there are any further questions, he would be happy to answer those.

Mayor Pro Tem Lilburn stated at this time the floor is now open for testimony from members of the public. At this time, all interested persons or taxpayers may approach the podium and testify, orally or in writing, for or against the establishment of the district, the extent of the district, the furnishing of specified types of services to serve the district, and the proposed rate and method of apportionment of the special tax for the district. Let the record reflect we have no one wishing to speak. At this point she is going to open it up for questions or discussion by the City Council members.

Council Member Timmer stated he had a lot of questions. They were mostly general questions, he had them addressed by staff and he does not need to bring it up. The only other question he has remaining is on page 47, under special tax fee services. It lists on the first line, excluding clubhouse and pool area, he knows that it is not part of the district we are putting together, but he assumes the homeowner' s association will oversee that.

Assistant Public Works Director Bennett asked Council Member Timmer which paragraph are you under?
Council Member Timmer stated Special Tax B services, the last paragraph.

Assistant Public Works Director Bennett stated there is a public park, and there is a private park. The private park is HOA maintained and the public park is inaudible).

Council Member Timmer stated he knows it was explained earlier, but he just wanted to be clear that the clubhouse and pool area are not part of the action that we are taking today.

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Assistant Public Works Director Bennett stated correct, the dormant CFD does cover elements. It does not include the pool and the clubhouse. If those were to fail, the HOA would fail, those would not be continued within the CFD. It is not included.

Council Member Timmer stated that is the only item he has. He had all the other questions answered. Most of the concerns he had about it were how long does this go on, who is going to oversee the project and so forth. The general questions we have been asking have all been addressed now in the new documentation.

Mayor Pro Tem Lilburn stated she had the opportunity to spend several hours on the phone with someone who educated her at length on this project, so she appreciates that, Camille Bahri. Thank you for taking time to spend with her on the phone. Staff, thank you for your presentation, she appreciates that and the hard work that everyone has put into this as of now. So, before she formally closes the hearing, is there any property owner subject to the proposed tax who wishes to file a written protest? If so, it must be filed with the City Clerk at this time. Only written protests are to be considered. Please let the record reflect that there is no one wishing to protest. At this time, she is now going to close the public hearing. City Clerk does the majority protest exist against any of the following: the establishment of the district, the extent of the district, the furnishing of specified types of services to serve the district, and the levy of the special tax pursuant to the proposed rate and method of apportionment for the district?
City Manager/ Deputy City Clerk Hughes stated no written protests have been received from the landowners within the district. Therefore, a majority protest does not exist.

Mayor Pro Tem Lilburn stated thank you. At this time a majority protest does not exist. It is appropriate for the City Council to consider resolutions to form the district and to call a special election within the district. Is anyone willing to make a motion on Resolution A, a resolution on the formation of the City Council of the City of Highland, California, to establish City of Highland Community Facilities District No. 2022- 01 Mediterra to establish an appropriations limit, therefore, to authorize the submittal of the levy of special taxes, and to submit this establishment of appropriations limit to the qualified electors of such Community Facilities District.

Council Member Timmer stated that is Item 3 on the recommendations.

Mayor Pro Tem Lilburn stated that is Item 3A.

Council Member Timmer stated he will go ahead and move forward with the formation.

Mayor Pro Tem Lilburn stated she has a motion to move forward from Council Member Timmer.

07. 14. 2022 — cc special

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Council Member Solano stated she will second.

Mayor Pro Tem Lilburn stated there is a second from Council Member Solano. All those in favor signify by saying, aye.

The City Council voted unanimously in favor of Resolution A.

A MOTION was made by Council Member Timmer, seconded by Council Member Solano, to adopt Resolution No. 2022- 039 entitled, " A Resolution of Formation of the City Council of the City of Highland, California, to Establish City of Highland Community Facilities District No. 2022- 01 ( Mediterra), to Establish an Appropriations Limit Therefor, to Authorize the Submittal of the Levy of Special Taxes, and to Submit the Establishment of an Appropriations Limit, to the Qualified Electors of Such Community Facilities District". Motion carried, 3- 0, with Mayor McCallon and Council Member Chavez being absent.

RESOLUTION NO. 2022- 039

A RESOLUTION OF FORMATION OF THE CITY COUNCIL OF THE CITY OF

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

APPROPRIATIONS LIMIT THEREFOR, TO AUTHORIZE THE SUBMITTAL OF

THE LEVY OF SPECIAL TAXES, AND TO SUBMIT THE ESTABLISHMENT OF

AN APPROPRIATIONS LIMIT, TO THE QUALIFIED ELECTORS OF SUCH

COMMUNITY FACILITIES DISTRICT
Mayor Pro Tem Lilburn stated we will move forward for Resolution B. A resolution of the City Council of the City of Highland, California, calling a special election, and submitted the qualified electors of the City of Highland Community Facilities District No. 2022- 01 ( Mediterra) propositions regarding the establishment of an appropriations limit and the annual levy of a special taxes within the Community Facilities District.

Council Member Solano stated she will go ahead and motion.

Mayor Pro Tem Lilburn stated we have a motion from Council Member Solano.

Council Member Timmer stated he will second that.

Mayor Pro Tem Lilburn stated there is a second from Council Member Timmer. All those in favor signify by saying, aye.

The City Council voted unanimously in favor of Resolution B.

07. 14. 2022 — cc special

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A MOTION was made by Council Member Solano, seconded by Council Member Timmer, to adopt Resolution No. 2022- 040 entitled, " A Resolution of the City Council of the City of Highland, California, Calling a Special Election and Submitting to the Qualified Electors of City of Highland Community Facilities District No. 2022- 01 ( Mediterra) Propositions Regarding the Establishment of an Appropriations Limit and the Annual Levy of a Special Tax Within the Community Facilities District". Motion carried, 3- 0, with Mayor McCallon and Council Member Chavez being absent.

RESOLUTION NO. 2022- 040

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

CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE

QUALIFIED ELECTORS OF CITY OF HIGHLAND COMMUNITY FACILITIES DISTRICT NO. 2022- 01 ( MEDITERRA) PROPOSITIONS REGARDING THE

ESTABLISHMENT OF AN APPROPRIATIONS LIMIT AND THE ANNUAL LEVY

OF A SPECIAL TAX WITHIN THE COMMUNITY FACILITIES DISTRICT Mayor Pro Tem Lilburn stated at this time, we are going to hold the opening of the elections for the levy of the special tax and the establishment of the appropriations limit for the City of Highland Community Facilities District No. 2022- 01 Mediterra, is now open, and the City Clerk may conduct the elections. At this point she is going to ask the City Clerk to open, read and review the election ballots.

City Attorney Marroquin stated we are just going to have the record reflect that the City Clerk has received the ballots and to please confirm that the ballots have been received.

City Manager/ Deputy City Clerk Hughes stated yes, he has received the ballots and finds that all ballots in the election have been submitted and declare the election closed.

Mayor Pro Tem Lilburn stated could the City Clerk proceed to canvas the ballots.

City Manager/ Deputy City Clerk Hughes stated he will need to first verify the information on the identification envelope for return of the ballot. The first one is to the Highland City Clerk CFD 2022- 02 Mediterra, Vista Verde.

Mayor Pro Tem Lilburn stated let the record reflect there are three ballots.

City Attorney Marroquin stated correct.

City Manager/ Deputy City Clerk Hughes stated let the record show that it is a yes for Vista Verde. The next ballot is to the City of Highland City Clerk CFD 2022- 02, Mediterra, D. R. Horton, and that is also a yes. The final one is to City of Highland City Clerk CFD 2022- 01, Mediterra, Greenspot Corridor, LLC. Let us show that it is also a yes.

07. 14. 2022 — cc special

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-7-
Mayor Pro Tem Lilburn stated there were three yeses.

City Manager/ Deputy City Clerk Hughes stated he will now report the results. As election official for the City of Highland Community Facilities District No. 2022- 01 Mediterra) special election held on July 14, 2022, he has completed the canvassing of the ballots. The canvas was as follows, three votes were cast in support of the proposition, and zero votes were cast in opposition of the proposition. Therefore, Proposition A was approved with a 100% vote in favor.

Mayor Pro Tem Lilburn stated thank you, at this time it is appropriate for the City Council to consider the resolution declaring the results of the special election and the ordinance authorizing the levy of the special tax within the district. A resolution of the City Council of the City of Highland, California, declaring the results of a special election in the City of Highland Community Facilities District No. 2022- 01 Mediterra) and directing the recording of a notice of a special tax lien. She will ask the Council to entertain a motion.

Council Member Solano stated she will go ahead and make a motion.

Council Member Timmer stated he will second the motion.

Mayor Pro Tem Lilburn stated there is a motion and a second from Council Member Timmer. All those in favor signify by saying, aye.

The City Council voted unanimously in favor.

A MOTION was made by Council Member Solano, seconded by Council Member Timmer, to adopt Resolution No. 2022- 041 entitled, " A Resolution of the City Council of the City of Highland, California, Declaring the Results of a Special Election in City of Highland Community Facilities District No. 2022- 01 ( Mediterra) and Directing the Recording of a Notice of Special Tax Lien". Motion carried, 3- 0, with Mayor McCallon and Council Member Chavez being absent.

RESOLUTION NO. 2022- 041

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

CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ELECTION IN CITY OF HIGHLAND COMMUNITY FACILITIES DISTRICT NO. 2022- 01

MEDITERRA) AND DIRECTING THE RECORDING OF A NOTICE OF

SPECIAL TAX LIEN
Mayor Pro Tem Lilburn stated at this time, it is appropriate for the City Council to consider introduction of an ordinance of the City Council of the City of Highland, California, acting in its capacity as the legislative body of the City of Highland Community Facilities District No. 2022- 01 ( Mediterra) authorizing the levy of a special tax therein to approve reading by title only and to waive further readings. Just so you know, this is only the first reading, and we have to have a second reading in order to approve this final ordinance.

07. 14. 2022 — cc special

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City Attorney Marroquin stated we need a motion to approve the introduction of the ordinance.

Council Member Timmer stated he will move it.

Council Member Solano stated she will second it.

Mayor Pro Tem Lilburn stated she has motion by Council Member Timmer and a second by Council Member Solano. All those in favor, say aye.

The City Council voted unanimously.

A MOTION was made by Council Member Timmer, seconded by Council Member Solano, to waive full reading, read by title only, and introduce Ordinance No. 453 entitled: " An Ordinance of the City Council of the City of Highland, California, acting in its Capacity as the Legislative Body of City of Highland Community Facilities District No. 2022- 01 ( Mediterra) Authorizing the Levy of a Special Tax Therein." Motion carried, 3- 0, with Mayor McCallon and Council Member Chavez being absent.

ORDINANCE NO. 453

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

CALIFORNIA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF HIGHLAND COMMUNITY FACILITIES DISTRICT NO. 2022- 01

MEDITERRA) AUTHORIZING THE LEVY OF A SPECIAL TAX THEREIN Mayor Pro Tem Lilburn stated thank you very much, she appreciates everyone' s hard work. She knows this was a long process. She would really like to thank Assistant Public Works Director Bennett and the rest of the staff.

City Attorney Marroquin stated she just wants to have the record reflect the different resolution numbers as she knows we usually read those into the record. Resolution of formation is Resolution No. 2022- 039. The resolution calling a special election is Resolution No. 2022- 040 and the resolution declaring the results of the special election is Resolution No. 2022- 041.

Council Member Timmer stated he has been on the Council for a while and we have dealt with many Mello -Roos over the years. One of the issues that he had a little concern with, and it was explained to him very clearly, this special district taxing assessment is now funded by bonds. It is going to be funded through an assessment for the property, so there are no bonds associated with this at all, which was kind of refreshing to see a document where people are actually going to pay for this. We are not going to borrow money to do a project. He has a question on page 13. It talks about the word financed. He had asked the question earlier; does it mean bonds and they told him no. He said he wants to make sure it is clear in the record that there are no bonds associated with this decision at all.

07. 14. 2022 — cc special

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It is strictly monies funded by the special tax to pay for the ongoing operation of this program.

Mayor Pro Tem Lilburn stated that is a good point. Thanks for bringing that up because a lot of people do not understand that. This is not the tax dollars, it is the homeowners. With that, we will go ahead and adjourn.

ADJOURN
There being no further business, Mayor Pro Tem Lilburn adjourned the meeting at 4: 25 p. m.

Submitted By: Approved By:

Betty Hughes, MMC
City Clerk
Larry McCallon
Mayor

07. 14. 2022 — cc special

Page 9 of 9 ends

-10-
DATE:

FROM:

REVIEWED BY:

PREPARED BY:

SUBJECT:

RECOMMENDATION:

FISCAL IMPACT:

PUBLIC NOTICE:

BACKGROUND:

STAFF REPORT

TO THE CITY COUNCIL
August 9, 2022
Joseph A. Hughes, City Manager
Chuck Dantuono, Director of Administrative Services/ City Treasurer D Leticia Nava -Cruz, Accounting Supervisor
Warrant Register # 744
City Council to approve Warrant Register # 744; Warrants in the amount of 974,252. 94 and Payroll in the amount of $229,007.60.

The total of Cash and Expenditures is $ 1, 203, 260. 54.

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

See Printouts Attached.

Approved Motion Second Agenda Item No.

L
Denied Ayes
Continued Noes
Tabled Abstain
File No.
-1-
Warrants:

Payroll:

CITY OF HIGHLAND
WARRANT REGISTER # 744
August 9, 2022
7/ 12/ 2022 Ck# 85532- 85558
7/ 15/ 2022 Payroll Wire # 695-698 & Ck # 85559- 85560
7/ 19/ 2022 Ck# 85561- 85595
7/ 26/ 2022 Ck# 85596- 85656
7/ 29/ 2022 Payroll Wire # 699- 702 & Ck # 85657- 85658 8/ 2/ 2022 Ck# 85659- 85705 & Wire # 1002168648
7/ 15/ 2022 Direct Deposits # 11978- 12019
7/ 15/ 2022 Ck # 665
7/ 29/2022 Direct Deposits # 12020- 12061
7/ 29/ 2022 Ck # 666
APPROVED BY:

Larry McCallon
Finance Subcommittee
John Timmer
Finance Subcommittee
199, 575. 80
70, 772. 57
179, 970. 17
309, 559. 81
65, 299. 92
149, 074. 67
Total Warrants $ 974, 252. 94
116, 797. 15
283. 81
111, 642. 83
283. 81
Total Payroll $ 229,007. 60
Total Warrants & Payroll $ 1, 203, 260. 54
ughes
nager
Chuck Dantuono
Director of Administrative
Services/ City Treasurer
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07/ 13/ 2022 9: 18: 19AM CITY OF HIGHLAND
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07/ 13/ 2022 9: 18: 19AM CITY OF HIGHLAND
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6 Vouchers for bank code :

Total vouchers :
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Voucher List tv ci
07/ 19/ 2022 3: 14: 55PM CITY OF HIGHLAND
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Voucher List
07/ 19/ 2022 3: 14: 55PM CITY OF HIGHLAND
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3: 14: 55PM CITY OF HIGHLAND
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07/ 19/ 2022 3: 14: 55PM CITY OF HIGHLAND
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Voucher List
07/ 19/ 2022 3: 14: 55PM CITY OF HIGHLAND
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07/ 19/ 2022 3: 14: 55PM CITY OF HIGHLAND
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CITY OF HIGHLAND
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08/ 02/ 2022 2: 43: 41 P M CITY OF HIGHLAND
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Voucher List
08/ 02/ 2022 2: 43: 41 P M CITY OF HIGHLAND
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08/ 02/ 2022 2: 43: 41 PM CITY OF HIGHLAND
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08/ 02/ 2022 2: 43: 41 PM CITY OF HIGHLAND
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Total vouchers :
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-80-

STAFF REPORT

TO THE CITY COUNCIL
DATE: August 9, 2022
FROM: Joseph A. Hughes, City Manager
PREPARED BY: Chuck Dantuono, Director of Administrative Services/City Treasurer SUBJECT: Treasurer' s Report for June 2022
RECOMMENDATION: City Council to receive and file the Treasurer' s Report for June 2022 FISCAL IMPACT: Cash and Investments:

General Fund $ 11, 195, 285. 73
Special Revenue Funds $ 37, 293, 307. 14
Internal Service Funds $ 4, 432, 282. 48
Capital Projects Funds $ 18, 797, 437. 66
Agency Funds $ 2, 305, 401. 62
Housing Authority Fund $ 3, 662, 707. 25
SARDA Funds $ 3, 570, 965. 16
PUBLIC NOTICE: 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 Agenda Item No.

Denied Ayes
Continued Noes
Tabled Abstain
Absent
City Clerk
File No.
-1-

CITY OF HIGHLAND
Treasurer' s Report
as of June 30, 2022
CASH AND BANK ACCOUNTS:

Cash on Hand -Office Petty Cash & Change Fund Accounts 1, 150. 00 Wells Fargo Checking Account
Citizens Business Bank Escrow Account ( All American Asphalt)

DESCRIPTION
27, 069, 600. 72
98, 270. 99

MATURITY PAR ORIGINAL

PERIOD YIELD VALUE COST
INVESTMENTS: LOCAL GOVERNMENT INVESTMENT POOLS
California Treasurer' s Local Agency Investment Fund ( LAIF) General Fund
Special Revenue Funds
Internal Service Funds
Capital Projects Funds
Housing Authority Fund
Total City LAIF Funds
n/ a 0. 861%
4, 588, 302. 73
18, 136, 775. 00
4, 538, 990.00
13, 509, 998.00
40,774,065.73
3, 557, 844. 80
Total Housing Authority LAIF Funds 3, 557, 844. 80
Total LAIF Funds 44, 331, 910. 53
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 May 2022 is on- line for listing of investments. 5) Market Value is based on the June 30, 2022 applicable percentage of 0. 987125414 6) Market Value is $ 43, 761, 155. 54 ($ 44, 331, 910. 53 x 0. 987125414).

California Asset Management Program ( CAMP) n/ a 1. 140% General Fund
Special Revenue Funds
Capital Projects Funds
INVESTMENTS: FISCAL AGENT ACCOUNTS
132, 083. 75
1, 557, 912. 00
5, 713, 920. 00
Total CAMP Funds 7, 403, 915. 75
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 n/ a 0. 00% 99, 167. 48 99, 167.48 Fire Protection Expense Fund # 128262- 012
US Bank Money Market Account CUSIP # 8AMMFOAP6 n/ a 0. 00% 496, 527. 68 496, 527. 68 Police Protection Expense Fund # 128262- 013
US Bank Money Market Account CUSIP # 8AMMFOAP6 n/ a 0. 00% 183, 647. 27 183, 647. 27 Community Facilities District ( CFD) 2001- 1
Special Tax Fund # 217795000
US Bank Money Market Account CUSIP # 8AMMFOAP6 n/ a 0. 00% 354, 840. 67 354, 840. 67 Interest Account # 217795001
US Bank Money Market Account CUSIP # 8AMMFOAP6 n/ a 0. 00% - Principal Account # 217795002
US Bank Money Market Account CUSIP # 8AMMFOAP6 n/ a 0. 00% - Administrative Expense Account # 217795003
US Bank Money Market Account CUSIP # 8AMMFOAP6 n/ a 0. 00% 25, 718. 71 25,718. 71 Community Facilities District ( CFD) 2007- 1
Administrative Expense Fund # 260722000
US Bank Money Market Account CUSIP # 8AMMF0390 n/ a 0. 00% 11, 004. 64 11, 004. 64 Fire Expense Fund # 260722001
US Bank Money Market Account CUSIP # 8AMMF0390 n/ a 0. 00% 25, 104. 37 25, 104. 37 Police Expense Fund # 260722002
US Bank Money Market Account CUSIP # 8AMMF0390 n/ a 0. 00% 9, 285. 69 9, 285. 69 TOTAL INVESTMENTS US BANK ( COMMUNITY FACILITIES DISTRICTS) 1, 205, 296. 51 1 -2-

DESCRIPTION

MATURITY PAR ORIGINAL

PERIOD YIELD VALUE COST
INVESTMENTS: FISCAL AGENT ACCOUNTS ( continued)
US Bank Corporate Trust Services ( SARDA)
2004B Tax Allocation Refunding Bonds
Special Fund 786709001
Federated Treasury Obligations CUSIP # 60934N872 n/ a 1. 11% 54. 93 54. 93 Interest Fund 786709002
Federated Treasury Obligations CUSIP # 60934N872 n/ a 0. 00% - - Principal Fund 786709003
Federated Treasury Obligations CUSIP # 60934N872 n/ a 0. 00% - Reserve Fund 786709004
Federated Treasury Obligations CUSIP # 60934N872 n/ a 1. 12% 176, 424. 30 176, 424. 30 2015A Tax Allocation Refunding Bonds
Special Fund 268777000
Federated Treasury Obligations CUSIP # 60934N872 n/ a 1. 11% 45. 99 45. 99 Interest Fund 268777001
Federated Treasury Obligations CUSIP # 60934N872 n/ a 0. 00% 0. 01 0. 01 Principal Fund 268777002
Federated Treasury Obligations CUSIP # 60934N872 n/ a 0. 00% - Reserve Fund 268777004
Federated Treasury Obligations CUSIP # 60934N872 n/ a 1. 12% 957, 205. 02 957, 205. 02 Expense Account 268777006
Federated Treasury Obligations CUSIP # 60934N872 n/ a 1. 12% 13, 508. 88 13, 508. 88 2017 Tax Allocation Refunding Bonds
Debt Service Fund 259928000
Federated Treasury Obligations CUSIP # 60934N872 n/ a 1. 17% 3. 41 3. 41 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, 147, 242. 54
TOTAL CASH AND INVESTMENTS 81, 257, 387. 04
All investments are placed in accordance with City of Highland' s Investment Policy and Guidelines. The above summary provides sufficient cash flow liquidity to meet She next six month' s estimated expenditures. This report is in accordance with Government Code Section 53646.

SIGNED: %'' SIGNED:

Josept . ughes Chuck Dantuono
CITY4%IANAGER DIRECTOR OF ADMINISTRATIVE

SERVICES/CITY TREASURER
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STAFF REPORT

TO THE CITY COUNCIL
DATE: August 9, 2022
FROM: Joseph Hughes, City Manager
PREPARED BY: Betty Hughes, MMC, City Clerk
REVIEWED BY: Chuck Dantuono, Director of Administrator Services/ City Treasurer Shawna Bryant, George Hills Company, Claims Adjusters
SUBJECT: Claim Consideration — Anthony Serrano
RECOMMENDATION: George Hills Company recommends the City Council reject the claim.

BACKGROUND: The Claim was received in the City Clerk' s Office on July 28, 2022. It was then sent to the City' s claim adjuster, George Hills Company, who is recommending the claim be rejected.

C:\ MyFiles\ WPDATA\ StaffReports\ cc special STF. wpd
Approved Motion Second Agenda Item No. 67
Denied Ayes
Continued Noes File No.

Tabled Abstain
Absent
City Clerk City Manag
-1-

GEORGE HILLS
Our minds over your matters_
August 01st, 2022
Anthony Serrano
7517 Mr McDuffs Way
RE: Client: City of Highland
Claim Number: GHC0045418
Date of Loss: 02/ 03/ 2022
Claimant: Serrano, Anthony
Dear Ms. Hughes:

We have reviewed the above captioned claim and request that you take the action indicated below:

Please issue a standard rejection to commence the statute of limitations.

Please provide us with a copy of the notice once sent.

Should you have any questions, please feel free to contact the undersigned.

Kindest Regards,
S'1awna & pant
Shawna Bryant
George Hills Company, Inc.

Shawna Bryant
Claims Adjuster
Direct Dial: ( 916) 352- 7799
Email: Shawna. bryant@georgehills. com
PO BOX 278, RANCHO CORDOVA, CA 95741
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Citv of

HIGHLAND
Inc. 1987
July 29, 2022
Patti Schneiders
Claims Processor
Rancho Cordova Office
PO Box 278
Rancho Cordova, CA 95741
Re: Claimant( s): Anthony Serrano
Incident Date: February 3, 2022
Dear Patti:

Enclosed is a copy of a Claim received and filed in the Office of the City Clerk on July 28, 2022, on behalf of the above referenced claimant( s). Please review and advise this office on the appropriate action to be taken. This item will be tentatively scheduled for the City Council regular meeting of Tuesday, August 9, 2022, pending your recommendation.

If you have any questions, please contact Chuck Dantuono at (909) 864- 6861, ext. 224 or myself at ext. 226.

Sincerely,
Betty llfua
Betty Hughes, MMC
City Clerk
cc: Joseph Hughes, City Manager
Chuck Dantuono, Director of Administrative Services
Maricela Marroquin, City Attorney
claims/ george hills letters/ gh serrano Itr. docx
Mayor Mayor Pro Tem City Council City Council City Council City Manager Larry McCallon Penny Lilburn Jesse Chavez Anaeli Solano John P. Timmer Joseph A. Hughes 27215 Base Line • Highland, CA 92346
Tel: 909. 864. 6861 • Fax: 909. 862. 3180 • www. cityofhighland. org Ci -3-
Do not write in thi
For office use only:

EWED
JUL 282022
Received: CITY OF HEMI ND
By: LIese 72... A (L
0 Mail l In person

CLAIM AGAINST THE CITY OF HIGHLAND
For damages to persons or personal property)
A claim must be filed with the City Clerk within 180 days after which the incident or event occurred. Be sure your claim is against the City of Highland and not another public entity. Where space is insufficient, please use additional paper and identify information by paragraph number. Completed claims must be mailed or delivered to:

CITY CLERK, CITY OF HIGHLAND
27215 BASE LINE
HIGHLAND CA 92346
909) 864- 6861, ext. 226

IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM, PENAL CODE S72; INSURANCE CODE S556. 1.

PER GOVERNMENT CODE SECTION 910.4, THIS FORM MUST BE
USED IN ORDER TO COMPLY WITH SECTIONS 910 AND 910.2 OF
THE GOVERNMENT CODE.

WARNING:

NOTICE:

TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF HIGHLAND:

The undersigned respectfully submits the following claim and information relative to damage to persons and/or personal property:
o-,, v 0 5 - ai D

1. Name of Claimant
a. Complete Address of Claimant, including City, St5te and Zip Code:
75 (-7 in . Aite . t1tr'E
s
1 Ft- 614--0pJ 2, CR 3 b.

Phone Number (94? ) ' L9 " ' 7 l`i 7 3 3 c.

Date of Birth 01 - i 1`
-4-
d. Driver's License/State Identification Card Number:

Issued by which State: C,' ALAA
Driver's License Identification Card
Expiration Date:

2. Name, telephone and address to which claimant desires notices to be sent, if other than above:

3. Occurrence or event from which the claim arises:
a. Date of occurrence 3" a' 60.e).,
b. Time of occurrence / ' I
c. Place of occurrence (Exact and specific location)
r 11-ERS fke W 6/ r--" rCr-tt51- 0
d. How and under what circumstances did damage or injury occur? Specify the particular occurrence, event, act or omission you claim caused the injury or damage ( use additional paper if necessary).

SE: Skth $T96 'rti G'o iti' 6
e. What particular action by the City, or its employees, caused the alleged damage or injury?
-5-

4. A general description of the indebtedness, obligation, injury, damage or Toss incurred so far as it may be known at the time of presentation of the claim. If there were no injuries, state " no injuries".
16 0 D (er- 0, ti) P1A.6 Mo-ra
perat 4 ( O p. eI2 * G tD fag
c OA- 49 is or2- •

5. Give the name( s) of the City employee( s) causing the damage or injury:
a I ( It WiVtArrtAkiA0C Pg'5PON Co co—
AgcsNIC 610260-Viz, Noe ( AW Pewits
ft) wr Si CCoco5 •• S

6. Name and address of any of er person injured:

7. Name and address of the owner of any damaged property:

NA8. Damages Claimed: (
a. Amount claimed as of this date: $. J t O 4
b. Estimate amount of future costs: $ ig l • 0 0
c. Total amount claimed: $ ' / Y b 7 •
d. Basis for computation of amounts claimed. Include copies of all bills, invoices, estimates, etc.:
-6-

9. Names and addresses of all witnesses, hospitals, doctors, etc. 6) A C-16Att› aor-S
b. < 1. 1- . 61..A. V
c. & EP-ist 64- 40-9- 1/
g
to iU Pu' ',- rif
e.
2- k, tRAsl 1)/9 diktea- sv 1- 3 9 et 10.

Any additional information which might be helpful inconsidering this claim: 004C1 O f61' S rr i C AP/ 5
ittiPPte- f4D &1- 05.- Our- ke----/ Wr bou
eettp- r--- Cr- k-e77&--- 6 WARNING:

IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM, PENAL CODE S72; INSURANCE CODE S556.1. I
have read the matters and statements made in the above claim and I know the same to be true of my own knowledge, except as to those matters stated upon information or belief as to such matters I believe the same to be true. I certify under
penalty of perjury that the foregoing istrue and correct. Signed at: 74- 6Gi-1-c- PAID City
and State Date:
ature
of Clai , ant l
Printed
name ofI'sonsigning above
-7-
EXHIBIT # 1
-8-
Retail Invoice
191520
Printed on 03/ 27/ 2022
Cust Status: Vehicle towed in Appt: No
Firestone
since 1926 COMPLETE AUTO CARE
www. FirestoneCompleteAutoCare. com

FINAL INVOICE
Business License:

Store# 011061
In: 03/ 27/ 22 12: 52PM
Out: 03/ 27/ 22 03: 45PM
REG# ARD222531
EPA# CAL000365884
4199 MARKET ST, RIVERSIDE, CA. 92501- 3543 - 951. 686. 4465 Service Advisor: 1 TIMOTHY
Customer Details;

SMITH, NANCY
7517 MR MCDUFFS WAY
HIGHLAND, CA 92346- 3875
909. 496. 4733 xanth
Wheel Lock:

Alt. Auth. Name & Phone:

N/ A
Technician: 12 ORLANDO
Vehicle Details:
2005 GMC YUKON DENALI

6. 0L V8 Fi GAS VIN U OHV
VIN #:

LIC #: 5LJY538 CA [ BLUE].

MILEAGE: 320, 699
Description

CAR CARE PACKAGE
No Parking Brakes
Rev Hist
Article # ID
01 Battery Test ResultsYour battery is measuring within the manufacturer' s specification for required CCA. Your battery has sufficient power and should reliably start the vehicle.

You' re recommended to have your battery tested after90 days.

Check Alignment because of Tire Wear
PKG: 01 COMPLETE VEHICLE INSPECTION
VEHICLE INSPECTION 7028789 12NN
CVI - See attached for details on the Complete Vehicle
Inspection
PKG: 02 TIRE ROTATION W/ OTHER SERVICES
TIRE ROTATION - NO CHARGE 7001119 12NN
Rotate the vehicle' s tires to a new location on the vehicle using accepted trade standards regarding vehicle and tire typ( PKG: 03 ELECTRONIC BATTERY CHECK
ELECTRONIC BATTERY CHECK 7002909 12NN
PKG: 04 TIRE AIR PRESSURE CHECK
TIRE AIR PRESSURE CHECK 7002937 12NN
LBR- DISC DISCOUNT - LABOR 7004302 12N
ACCESSORIES 1 01
924- 305 924- 305 PARKING BRAKE RE 7030260 12TN
REMOVE & REPLACE PARKING BRAKE RELEASE CABLE 7003348 12NN

ORDER NOTES

E BRAKE CABLE BROKE

REAR AIR SHOCKS NOT WORKING
To comply with the California Air Resources Board, We will check and adjust your vehicles tire pressures.

Actual Measured Tire Pressures ( PSI): LF- 30 RF- 30, LR- 30, RR- 30.

All parts are new unless otherwise specified.

Payment History:

American Express 3004 188. 29 888398 Sale
MID: 222220326867
Term: 0001 Card Inserted
AID: A000000025010801 PIN NOT VERIFIED
Total Tendered 188. 29

Page 1 of 2 ends

Unit
Qty Price
Extended
Price
1 21. 99 21. 99
1 N/ C N/ C
1 N/ C N/ C

N/ C N/ C

12. 00 - 12. 00
110. 99 110.99

57. 60 57. 60
Information on service warranty, maintenance, and safety can be located at https: llwww. fi restonecom pletea utocare. com/ maintain/ service- warranty- options/ Summary:

Parts
Labor
Shop Supplies
Sub -Total
Tax ( 8. 75%)
Total
Job
Total

9. 99
168. 59
110. 99

67. 59

0. 00
178. 58

9. 71
188. 29
Inv1 WP 12. 09. 2020. 102
-9-
WORK ORDER # FIRESTONE COMPLETE AUTO CARE
191520 4199 MARKET ST
RIVERSIDE, CA. 92501- 3543
Printed on 03/ 27/ 2022

SMITH, NANCY
7517 MR MCDUFFS WAY
HIGHLAND, CA 92346- 3875
909. 496. 4733 xanth
Store # 011061

SERVICE ADVISOR
01 TIMOTHY
951. 686. 4465
2005 GMC YUKON DENALI [ BLUE]

6. 0L V8 FI GAS VIN U OHV
LIC # 5LJY538 CA VIN #
IN 03/ 27/ 22 12: 52PM MILEAGE 320, 699
Recommended Services not Authorized by Customer REG# ARD222531, EPA# CAL000365884
Unit Price Extended Price
Status Description Qty Parts Labor Job Total Cat. Total Total Recmd BRAKING SYSTEM - VEHICLE SPECIFIC 677. 59
54- 74826 54- 74826 POWER BOOSTER N 1 259. 99 0. 00
DIAGNOSIS ANTI - LOCK BRAKE SYSTEM 1 0. 00 144. 00
REMOVE & REPLACE POWER BRAKE BOOSTER 1 0. 00 273. 60
Recmd TPMS DIAGNOSTICS 49. 99
TPMS DIAGNOSTICS LABOR 1 0. 00 49. 99
Recmd STEERING & SUSPENSION 1, 290. 16
K6534 IDLER ARM 1 223. 99 0. 00
K6536 PITMAN ARM 1 226. 99 0. 00
REMOVE & REPLACE IDLER ARM 1 0. 00 129. 60
REMOVE & REPLACE PITMAN ARM 1 0. 00 273. 60
ES3488 TIE ROD END 2 109. 99 0. 00
REMOVE & REPLACE TIE ROD END 1 0. 00 216. 00
System Failure - Required => 2, 017. 74 2, 017. 74
Recommended Parts: 930. 95
Labor: 1, 086. 79
Subtotal: 2, 017. 74
Shop Supplies: 0. 00
Tax ( 8. 75%): 81. 46
Total: 2, 099. 20
THESE PRICES ARE VALID FOR 30 DAYS
Labor charges are based on ' Menu Items' of a predetermined amount or the flat rate charged per the Mitchell Labor Manual @ Skill Rate.

ALL PARTS ARE NEW UNLESS NOTED OTHERWISE

Page 1 of 1 ends

-10-
Retail Invoice
191520 '
Prinfed on 03/ 27/ 2022
Cust Status: Vehicle towed in Appt: No
rsre stone
since 1926 COMPLETE AUTO CARE
www. F i restoneCom p leteA utoCa re. com

FINAL INVOICE
Business License:

Store# 011061
In: 03/ 27/ 22 12: 52PM
Out: 03/ 27/ 22 03: 45PM
REG# ARD222531
EPA# CAL000365884
4199 MARKET ST, RIVERSIDE, CA. 92501- 3543 - 951. 686. 4465 I acknowledge notice and oral approval of
a change in the original estimated price. Revision History:

Signature or Initials
Declined Work:

BRAKING SYSTEM - VEHICLE SPECIFIC

TPMS DIAGNOSTICS

STEERING & SUSPENSION

WE SUPPORT
PROFESSIONAL CERT• FICATION

AUTOMOTIVE EXCELLENCE SERVICE
Rev Total
Amt Amt
0) 03/ 27/ 2022 12: 53PM 9. 99 ORIGINAL REQUEST
1) 03/ 27/ 2022 03: 10PM 178. 30 188. 29 SMITH 909. 496. 4733 Ext.anth I have received the above goods and/ or services. If this is a credit card purchase, I agree to pay and comply with my cardholder agreement with the issuer.

Customer Signature

MOTORIST

ASSURANCE

PROGRAM
BUILD. IG TP. ST TPRCUGH STANDARDS
HOW ARE WE DOING?
Tell us about your experience today!
Complete a 4- minute survey for a chance to win one of ten $ 50 gift cards each month! Visit www. FirestoneSurvey. com within 4 days and enter Code 011061- 191520

Page 2 of 2 ends

Information on service warranty, maintenance, and safety can be located at https:// www. firestonecompleteautocare. comlmaintain/ service- warranty- options/ Inv1_ WP 12. 09 2020. 102 -11-
EXHIBIT # 2
-12-
1;."" wiz . 1.•(. , 4•e
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-14-
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-20-
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EXHIBIT # 7
-22-
-23-
-24-
-25-
Betty Hughes
From: Anthony Serrano
Sent: Tuesday, August 2, 2022 12: 16 PM
To: Betty Hughes
Subject: Fwd: Anthony Serrano Narrative on Construction Pothole Claim Attachments: 8- 2- 2022a Betty Hughes re Narrative Construction Pothole Damage. pdf EXTERNAL EMAIL: Do not click on links or open attachments unless you know the content is safe. 8- 2- 2022: Betty - resend with attachments.

Anthony
Forwarded message
From: Anthony Serrano
Date: Tue, Aug 2, 2022 at 11: 55 AM
Subject: Anthony Serrano Narrative on Construction Pothole Claim To: Betty Hughes < bhughes@cityofhighland. org>
8/ 2/ 2022: Betty - see attachment. Thank you.

Anthony Serrano
909) 496- 4733 Cell
-26-
TO:

FROM:

Serrzum
From the Desk ofAnthony Serrano
Sent Via Email "bhu hesla),cityofhiRhland.orR"
Betty Hughes, MMC City Clerk
City of Highland
27215 Base Line
Highland, CA 92346
909) 864- 6861 ext. 226
Anthony Serrano
7517 Mr. McDuff' s Way
Highland, CA 92346
909) 496- 4733 Cell
DATE: Monday, August 1, 2022
SUBJECT: Claim Against the City ofHighland Filed 7/ 28/ 2022 Damage Dated 2/ 3/ 2022 Damage Caused By Road Construction Pothole Webster and Kane Court Streets Ms. Hughes — the purpose for this letter is to follow- up on our telephone cony on Monday, August 1, 2022, at 5: 25pm concerning the City' s " Claim Against the City of Highland" per Government Code Section 910. 4, I submitted my claim timely dated 7/28/ 2022 at the City' s offices " in -person," Ms. Lissette Nock date stamped my claim as " Received," and:

1. the problem is the form does not include a section to provide an explanation and/ or chronology for the damages incurred, and

2. the form provides ten ( 10) questions to be answered and it appears a better method is required to provide an explanation for the damages incurred?
Based on this information, you suggested I provide a written narrative on the morning ofAugust 2, 2022.

My Written Narrative

1. During January thru May 2022, the City of Highland contracted with a private vendor to provide street construction services on Webster and Kane Court streets within the City of Highland,

2. I live in a 34- home development known as California Sunset since November 1990 to date, at 7517 Mr. McDuff' s Way a cul- de- sac street, and the only access in and out of my street is via the intersection at Webster and Kane Court Streets,

3. During this 5- month period of time the contractor caused more than 20 potholes along Webster Street, some 12- inch diameter and 4 - inch deep potholes due to water pipe access, some 24- inch diameter and 4- inch deep potholes due to metal coverings for underground access, some potholes 4- inch deep into the pavement that had been partially excavated and left open with no " customary" steel covers to protect vehicles traveling on Webster and Kane Court from hitting " open potholes." Webster Street is a heavily traveled street because Highland Elementary School and Beattie Middle School are located at Webster Street and Eucalyptus Streets 5- days a week,
1 -27-

4. EXHIBIT # 2 — is a picture that shows 4 large potholes, including a " 12- water cover painted light blue cover" that lies directly in the " approach" area from Webster Street into and ought -of Kane Court that I was required to travel for the 5- month period to access my street Mr. McDuff' s Way. In addition, the " blacktop" had been excavated away leaving a " jagged concrete/ blacktop foundation" that caused automobile tires to traverse in a " tearing traction sound and feeling via the automobile steering wheel," and from time to time the 12- inch water cover would raise on -edge and/ or partially on -edge and ifthe driver hit the on -edge 12- inch water cover would cause the automobile tire to BOUNCE severely as hitting a -bump,

5. EXHIBIT # 3 — is a picture of the intersection at Webster Street and Kane Court on the morning of February 3, 2022, with "no-signage" to warn on coming drivers for the potholes leading into or out —of the intersection,

6. EXHIBIT # 4 — is a picture looking southbound on Webster Street and Kane Court with " no signage" to warn on coming drivers for the potholes leading into or out —of the intersection,

7. EXHIBIT #5 — is a picture for my 20 inch chrome GMC left front wheel rim with a " chipped out" section cause by the pothole and 12- inch metal water cover, the impact cause air to be lost from the tire but I was able to have air added to the tire on a temporary basis,

8. EXHIBIT #6 — is a picture of my automobile dashboard that shows the result of the impact from the pothole and 12- inch metal water cover causing my " ABS" and " T/C" lights to be activated indicating damage,

9. EXHIBIT # 7 — is a picture of my front left wheel housing located behind the wheel rim that shows brake fluid that was caused to be leaked from the under the hood brake fluid drain line,

10. EXHIBIT #8- is a picture of the " parking brake lever" located on the underside ofthe steering wheel column that broke due to the impact,

11. EXHIBIT # 1 — is a copy ofthe Firestone Complete Auto Care repair invoice # 191520 dated March 27, 2022 for the repair of the broken parking brake lever and the estimate to repair the items caused by the IMPACT of the February 3, 2022, pothole related accident, and

12. This damage was NOT caused by any routine wear and tear. I have my maintenance records for the GMC Yukon Denali. As an example, on page 2 ofthe Firestone estimate for repairs Lists: Steering & Suspension: Idler Arm, Pitman Arm, and Tie Rods. Attached to this letter are two ( 2) AutoZone ( located here in Highland) invoices:
a. Invoice 2851902490 dated 9/ 22/ 2020 for the Pitman arm and Stabilizer Bar ( Idler arm), and b. Invoice 2851285664 dated 8/ 2/ 2019 for ( 2) Control Arms ( tie rods).

Due to the impact on February 3, 2022, these parts PREMATURELY.

What Constitutes Negligence in Road Construction
I have attached a copy for the 3- page article that is self-explanatory.

Request
I am requesting approval for my claim. The damages were caused by the City' s scheduled road construction on Webster and Kane Court. The damages were not cause by regular wear and tear.

Thank you.

W/ Attachments ( 5- pages)
2 -28-
atoZ
Commercial Invoice

PAYNES CORNER COD ONLY
27114 E 3RD ST
San Bernardino, CA 92410
Phone
Customer # 909) 889- 7503
729093
Description
FC6536 1 2004 GMC Truck Yukon Denali AWD
PITMAN ARM Duralast Pitman Arm SKU- 000309482 FC6536
GSL700539 2 STABILIZER BAR Duralast Gold Stabilizer Bar Link Kit SKU- 000502924
Invoice Number
Comm Specialist
Register Number
Order Date
AutoZone Store 2851
27292 BASELINE AVE
HIGHLAND. CA 92346
909. 862. 0114
2851902490

COMMERCIAL SALES
CENTER
35 09/ 22/ 2020 11: 56 AM
123. 47

25. 34

54. 99

13. 99

0. 00 54. 99

0. 00 27. 98
Pay your bill online at AutoZonePro. com . Ifyou need credentials call 866-853. 6459 or email electronic.orderingOautozone. com tor assistance.

MSDS can be ordered upon request
The signature below acknowledges customer's agreement to be bound by the terms outlined in the AutoZone Commercial Customer Charge Account Agreement. as amended from time t0 time. r
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Subtotal
Tax

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Total

89.40 -29-
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Commercial Invoice
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PAYNES CORNER COD ONLY
27114 E 3RD ST
San Bernardino, CA 92410
Phone
Customer # 909) 889- 7503
729093
Description
520- 116 2004 GMC Truck Yukon Denali AWD
10980942 2 CONT ARM W/BJ U Dorman Control Arm SKU-000926841 DEAL: BOGO DL Chassis You saved $ 32. 50
Invoice Number
Comm Specialist
Register Number
Order Date
AutoZone Store 2851
27292 BASELINE AVE
HIGHLAND, CA 9234E
909. 862. 0114
2851285664

ZENDEJAS, ERIC
35 08/02/2019 10: 41 AM
112. 25
MSDS can be ordered upon request
The signature below acknowledges customers agreement to be bound by the terms outlined in the AutoZone Commercial Customer Charge Account Agreement, as amended from time to time l;il1rnllfillPltl`r tA' iiy)i; iIt; tit g 2851285664080219c

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03 -30-
24/ 7 LIVE CALL ANSWERING I CALL (702) 450- 5400 FOR A FREE CASE EVALUATION TEL: 17024505400)
is GLETADAMS
https:// www. egletlaw. com/)

EGLET ADAMS BLOG
JULY 13, 2017 ( HTTPS:// WWW. EGLETLAW. COM/ CONSTITUTES- NEGLIGENCE- ROAD- CONSTRUCTION/) What Constitutes Negligence in Road
Construction?
-31-
Construction is a dangerous business, not just for the workers, but for anyone who happens to come in contact with the site. Mistakes on road construction projects can be nothing short of catastrophic for the victims. These can result in not just major injuries, but significant liability.

However, it' s important to know how to pursue these cases and when to seek help from a qualified attorney for help. Learn about accident claims based on road construction negligence, and how the right Las Vegas personal injury lawyer can help you collect damages.

ROAD CONSTRUCTION NEGLIGENCE
Road construction negligence can take a number of forms, but negligence is the key word in the phrase. In order to collect damages, you' ll need to prove that the company was, in fact, negligent in some way. This can take a number of forms, from improper signage to not leaving enough room for motorists to get by, from dangerous pavement conditions to failing to clean up the site.

Construction companies are required to give plenty of warning about construction. If there isn' t proper signage under federal law and an accident occurs, they can be held liable. If a motorist has to navigate a sharp turn that' s too tight to meet regulations, at too high a speed, liability on the part of the construction company can result.

Likewise, road construction companies are required to maintain generally safe conditions. If the pavement is uneven and not marked as such, this can present an unreasonable hazard, especially to motorcycle riders. In addition, once the construction is complete, the road conditions must be returned to normal, drivable conditions; failure to do so can result in accident negligence claims.

PROVING NEGLIGENCE
In order to prove negligence in road construction, there are three things that have to be established. The first is that the construction company had a duty to keep the zone reasonably safe by complying with all federal and state regulations, and taking reasonable measures beyond those regulations to make sure that the risk of injury is minimized. -32-
The second is that the company violated this duty. In failing to meet regulations, or take the necessary steps to prevent accident and injury, they directly placed motorists and others in the area in danger.

Finally, it must be demonstrated that this negligent failure to maintain their duty caused the accident. You must show that the damages you suffered were caused because the company didn' t maintain proper and safe conditions.

COLLECTING DAMAGES
If you' re hurt in a road construction accident, you can be eligible to collect a range of damages, from the costs of vehicle repair to medical bills, lost wages and future compensation, pain and suffering, loss of your quality of life, lost consortium and relationships, emotional damages and more.

The problem arises in that many construction claims might involve a government entity.

These can be very tricky because there are limits to how much you can sue the government for, and under what circumstances. Pursuing such cases requires knowledgeable help.

If you' re in Las Vegas and have suffered an injury due to road construction negligence, call the attorneys at Eglet Law. We' ve helped clients pursue claims involving defective roadways car -accidents/) for years, and we' re ready to help you as well. Get in touch for a free consultation today!

PLEASE BE AWARE THAT THERE ARE STRICT STATUTES OF LIMITATIONS IN NEVADA THAT

REQUIRE YOU FILE ANY INJURY CASE WITHIN A CERTAIN TIMEFRAME, OR RISK DISMISSAL WITH NO COMPENSATION. CLAIMS AGAINST THE GOVERNMENT OR ADMINISTRATIVE

CLAIMS CAN ALSO BE GOVERENED BY NOTICE REQUIREMENTS AND STATUTES OF

LIMITATIONS, WHICH IF ARE NOT FOLLOWED WILL PREVENT YOU FROM FILING AN OTHERWISE VALID CLAIM.
-33-
DATE:

FROM:

REVIEWED BY:

PREPARED BY:

SUBJECT:

RECOMMENDATION:

STAFF REPORT

TO THE CITY COUNCIL
August 9, 2022
Joseph Hughes, City Manager
Lawrence A. Mainez, Community Development Directoq-el
Betty Hughes, MMC, City Clerk
Camille Goritz, Administrative Assistant III LV'
Declare One ( 1) Seat Vacant on the Historic and Cultural Preservation Board
Staff recommends the City Council:

1. Declare one ( 1) seat vacant on the Historic and Cultural Preservation Board; and

2. Direct the City Clerk to advertise the vacancies on the Historic and Cultural Preservation Board.

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: Pursuant to Chapter 2. 20. 050 of the Highland Municipal Code, the Historic and Cultural Preservation Board shall consist of five uncompensated voting members appointed by the City Council and serve four-year terms. All members of the board shall have a demonstrated interest in or knowledge of historic preservation and the cultural resources of the city.

Member Colin Childs submitted his resignation therefore, it would be appropriate for the City Council to declare one ( 1) seat vacant on the Historic and Cultural Preservation Board and direct the City Clerk to advertise and post those vacancies. This seat expires February 2025.

Approved
Denied
Continued
Tabled
Motion
Ayes
Noes
Abstain
Absent
r'
L
City Clerk
Second Agenda Item No.

File No.

City FVanager
-1-

STAFF REPORT
DATE:

FROM:

PREPARED BY:

SUBJECT:

RECOMMENDATION:

FISCAL IMPACT:

TO THE CITY COUNCIL
August 9, 2022
Joseph Hughes, City Manager
Betty Hughes, MMC, City Clerk
Records Destruction Authorization
That the City Council approve the destruction of certain records.

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 four years after audit and may be subsequently destroyed. Staff is requesting approval be given to destroy records in this category which are dated for fiscal years 1987/ 1988- 1997/ 1998.

1. General Journal Reports
staffreports/ records destruction staff reports/ destroy records 08. 09. 22 stf rep. doc Approved Motion Second Agenda Item No.

Denied Ayes
Continued Noes File No.

Tabled Abstain
Absent
City Clerk City Manager
-1-

CITY OF HIGHLAND

RECORDS DESTRUCTION FORM

DEPARTMENT/ DIVISION
Finance/ Accounting
Total # of Boxes:
2 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
DESTRUCTION METHOD:

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

NI Shredding ( outside vendor)
Discard
A.

Description of Record(s)
B.

Inclusive Dates of
Documents
General Journal Reports Fiscal Years 1987- 88 thru 1997- 98 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 -2-

STAFF REPORT
DATE:

FROM:

REVIEWED BY:

PREPARED BY:

SUBJECT:

TO THE CITY COUNCIL
August 9, 2022
Joseph Hughes, City Manager
Carlos Zamano, Public Works Director/ City Engineer
Jim Richardson, Public Works Manager
Contract Award — 2022- 06 Highland HVAC Systems Maintenance, Monitoring, and Repair Contract
RECOMMENDATION: That the City Council award the contract to provide maintenance, monitoring, and repairs to City facility HVAC units to the lowest responsive bidder, F. M. Thomas Air Conditioning, Inc. ( Thomas).

FISCAL IMPACT: This is a unit price contract, Thomas' bid price of $ 68, 176. 00 is based on preestablished quantities for competitive bidding purposes. Work will be performed based on the City's direction and within current budgets.

PUBLIC NOTICE: Notices of the City Council agenda were posted at the three locations per Resolution No. 2011- 047 and on the City's website.

BACKGROUND: On July 14, 2022, the City received four competitive bids in response to the City' s public bid advertisement. The bid schedule for this project provided for a base bid and one additive bid option to include water treatment of closed loop HVAC systems at the YMCA and Library facilities. An arithmetic error was found in the bid provided by Thomas that resulted in their bid being reduced by $ 45. This error did not change the order of the bids. The corrected bid results are as follows:

1. F. M. Thomas $ 68, 176. 00

2. Therma LLC $ 72, 386. 59

3. ABM Building Solutions $ 75, 585. 00

4. Johnson Controls $ 91, 165. 00
This is a one- year maintenance contract with an option for the City Council to renew the contract up to four additional one- year periods based on performance. Staff has not worked with Thomas in the past however is satisfied after checking their references. Staff recommends awarding the base and additive bid, in amount of $68, 176 to lowest responsive bidder, Thomas.

Approved Motion Second Agenda Item No.

Denied Ayes
Continued Noes File No.

Tabled Abstain
1 Absent
c1
City Clerk City Manager
-1-
DATE:

FROM:

REVIEWED BY:

PREPARED BY:

SUBJECT:

STAFF REPORT

TO THE CITY COUNCIL
August 9, 2022
Joseph A. Hughes, City Manager
Lawrence A. Mainez, Community Development Director eel
Kim Stater, Assistant Community Development Director
Bid Award - Bid No. 2020- 11 — " Asbestos Removal and
Demolition of a Single -Family Residence and On -Site
Improvements Located at 7433 Central Avenue"
RECOMMENDATION: Staff recommends the City Council:

1. Award the contract for Bid No. 2020- 11 " Asbestos
Removal and Demolition of a Single -Family Residence
and On -Site Improvements Located at 7433 Central
Avenue" to the responsible low bidder, BeckCo, Inc. in
the amount of $ 47, 575. 00; and

2. Approve the following budget adjustment for FY 2022- 2023: Transfer $ 47, 575 from 070- 2100 ( Housing
Authority -Fund Balance) to be expended from 070- 7000- 4556 ( Contract Services - Demolition).

FISCAL IMPACT: The project cost will be funded by the Housing Authority, as the parcel is anticipated to be the future site of an affordable senior housing project by the Authority. The project was originally estimated to cost $ 40, 000 and be funded in FY 2021- 2022. The lowest responsible bid is $ 47, 575. A budget adjustment is necessary to move the funds to the current fiscal year and account for the additional $ 7, 575. Staff recommends a transfer from 070-2100 ( Housing Authority -Fund Balance) to 070- 7000- 4556 ( Contract -Services -Demolition).

Approved Motion Second Agenda Item No.

Denied Ayes
Continued Noes File No.

Tabled Abstain
Absent
City Clerk City Manager
-1-
City Council Meeting of
August 9, 2027
Bid Award for Bid No. 2020- 11
PUBLIC NOTICE: The Notice Inviting Bids was advertised in the San Bernardino County Sun newspaper and on eBidboard, a web -based interactive data service for public construction project solicitation, proposal and bid process.

No public notice is required prior to the City Council acting on this item other than posting the Agenda in which the subject matter is noted at three public places per City Council Resolution.

BACKGROUND: The Highland Housing Authority purchased this 1. 76 acre residential property in 2014 for the future development of affordable senior housing. The property contains a 2- bedroom, 1, 082 square foot home constructed in 1945. The aging home does not provide value to the future development and has become a nuisance with frequent trespassing and vandalism. Demolition of the structure was proposed and approved in the 2021- 2022 Work Program as a High Priority Item ( HP-). The project was scheduled for completion in the second quarter of 2021. A bid document was circulated in 2021 and of the two responding contractors, neither bid met all the qualifications and the bids were rejected.

On June 10, 2022, staff rebid the project. The scope of work includes removal of asbestos -containing materials from the house, demolition of the structure and related landscaping. Bids were opened on July 18, 2022. Three bids for the project were received:

Bidder Total Bid
BeckCo, Inc. $ 47, 575. 00
T- Rex Demolition, Inc. $ 60, 816. 07
Unlimited Environmental, Inc. $ 65, 000. 00
The Engineer' s estimate for the project is $ 49,402. BeckCo, Inc. had the lowest bid at 47, 575, approximately 3. 7% lower than the estimate.

Staff recommends the City Council award this project to the responsible lowest bidder, BeckCo, Inc. A recent reference check confirmed that this contractor poses the qualifications and experience necessary to perform the contract scope of work. -2-
DATE:

FROM:

PREPARED BY:

SUBJECT:

RECOMMENDATION:

FISCAL IMPACT:

PUBLIC NOTICE:

STAFF REPORT

TO THE CITY COUNCIL
August 9, 2022
Joseph A. Hughes, City Manager
Chuck Dantuono, Director of Administrative Services/ City Treasurer Sean Landavazo, City of Highland Fire Chief/ Cal Fire Battalion Chief Cooperative Fire Protection Agreement ( Automatic Aid Agreement) between the City of Highland and the Bureau of Land Management ( BLM) The City Council authorize the Cal Fire Battalion Chief Sean Landavazo to execute the Cooperative Fire Protection Agreement on behalf of the City.

None at this time.

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

BACKGROUND: Mutual aid is an agreement between fire departments and local agencies to help each other across jurisdictional boundaries. It could occur only when local emergencies exceed local resources, or there may be a more formal agreement to send the resources automatically. The more formal agreement would be known as "Automatic Aid." Instead of waiting for the first due units to arrive at scene and realize the incident will require an augment of resources to safely operate at the emergency, additional outside resources are automatically dispatched to fill the first alarm assignment. It is very common for small departments to utilize each other' s resources to better serve the public.

The City' s contract fire agency, Cal Fire has been working on updating mutual aid/ automatic aid agreements with Highland' s various neighboring fire agencies. In September 2021, the City approved an updated Automatic Aid agreement with the City of Redlands.

There is no current agreement with BLM. The attached agreement was reviewed by the City Attorney and the City' s Fire Chief. Under the proposed agreement each agency agrees to provide designated fire or rescue response to any area in the jurisdiction of either agency based upon an operating plan that is included in the agreement. The response will be dependent upon the existing emergency conditions within each jurisdiction and the status of resources.

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

City Clerk / City Manag
-1-
Fire Protection Agreement City of Highland
California Desert District - BLM
CLFD Agreement No.

BLM Agreement No.

COOPERATIVE FIRE PROTECTION AGREEMENT
Between The

CITY OF HIGHLAND
And The

USDI BUREAU OF LAND MANAGEMENT, CALIFORNIA DESERT

DISTRICT
This COOPERATIVE FIRE PROTECTION AGREEMENT is made and entered into by and between the City of Highland, hereinafter referred to as " Highland", and the USDI, Bureau of Land Management, California Desert District, hereinafter referred to as the `BLM," under the authority and provisions of: Reciprocal Fire Protection Act of May 27, 1955 ( 42 U.S. C. 1856a), I. PURPOSE
The purpose of this Agreement is to provide for cooperation in the prevention, detection and suppression of wildland fires within the protection areas of Parties signatory to this Agreement. This Agreement describes the conditions in which " mutual aid" periods are established to provide resources to each other on a non -reimbursable basis. This Agreement also describes the conditions of Assistance by Hire" on a reimbursable basis.

This Agreement provides for cooperation only in wildland fire management activities on lands managed by the California Desert District or within Highland boundaries. The BLM shall not respond to structure fires, vehicle fires or traffic accidents in lieu of Highland. The BLM, as available, can respond to such incidents when adjacent wildlands covered under this Agreement are threatened by fire from such incidents. Any requests for Highland resources to respond to incidents outside of the California Desert District will be through the California Fire Assistance Agreement ( CFAA) or another agreement.

II. STATEMENT OF MUTUAL BENEFITS AND INTERESTS
The BLM has the responsibility for prevention, protection, and suppression of wildland fires on Federal administered lands, and on adjacent or intermingled State and private forested lands as identified through the California Master Cooperative Wildland Fire Management and Stafford Act Response Agreement ( CFMA).
1 -2-
Fire Protection Agreement City of Highland
California Desert District - BLM
Highland has the responsibility for prevention, protection, and suppression of wildland fires on private lands, structure fires and other non-wildland fires within the established fire district. These structures and lands protected by Highland are intermingled or adjacent to lands protected by the BLM.

Therefore, it is mutually advantageous, and in the public interest, for the Parties to coordinate their efforts in the prevention, detection, and suppression of wildfires in and adjacent to their areas of responsibility. It is also mutually advantageous for both Parties to provide support and participate in non -fire emergencies. Federal resources may be requested to respond to non-wildland fire emergencies but will only provide assistance commensurate with the policies and training of the responding personnel and equipment.

Nothing in this Agreement shall be considered as obligating the Parties to this Agreement to expend funds.

III. EXHIBITS
The following Exhibits are hereby incorporated into this agreement: Operating Plan, Resource Lists, Special Management Areas, Agencies Frequencies and Agencies Contact Lists. Except for the Operating Plan, exhibits to this Agreement maybe revised upon the mutual agreement of the Parties, and the latest revision will automatically be incorporated into this Agreement.

Ifthere are any conflicts between the Agreement and an exhibit, the Agreement takes precedence.

IV. OPERATING PLANS
The Parties will meet annually, prior to the initiation of fire season, to review and update, if necessary, the Operating Plan ( OP). This OP will include protection area maps/ links for all Parties, lists of principal personnel, dispatching procedures, and any other items identified in this Agreement as necessary for efficient implementation. This OP, as it may be updated from time to time, shall become attached to and made a part of this Agreement. See the attached exhibits hereto and incorporated herein by reference.

V. GENERAL PROVISIONS

1. RECIPROCAL FIRE PROTECTION ( MUTUAL AID) As deemed appropriate, the Parties will include within the OP reciprocal Initial Attack response areas for lands of intermingled or adjoining protection responsibilities. Within such areas the Supporting Party will, upon request or voluntarily, take Initial Attack action in support of the Protecting Party. The Protecting Party will not be required to reimburse the Supporting Party for Initial Attack actions taking place in these areas within the first 12 hours following initial dispatch of suppression resources. All assistance beyond this Mutual Aid period will be Assistance by Hire ABH) and will be billed retroactively for the full period from the time of initial dispatch. Reciprocal initial attack will follow the guidelines specified in the current OP. 2 -3-
Fire Protection Agreement City of Highland
California Desert District - BLM

2. REQUESTED ASSISTANCE Outside Initial Attack areas, when requested by the Protecting Party, the Supporting Party will, within their capability, provide initial action to mitigate the incident or other support on wildland fires. Such requested assistance is reimbursable.

3. ASSISTANCE BY HIRE Assistance by Hire (ABH) is the provision of fire suppression resources, by one to another, on a reimbursement basis. All requests for ABH must be clear and precise and shall be processed and recorded through the dispatching systems of the Parties. Requests not processed in this manner will not be reimbursable. Personnel, equipment, supplies, or services provided by the Supporting Party and essential to filling the resource order, which are necessary and reasonable, shall be considered as reimbursable as ABH.

Except for Mutual Aid, all requests for fire suppression assistance in either Party' s Direct Protection Area ( DPA) shall be ABH. Any other resources provided by the Supporting Party, and not specifically ordered by the Protecting Party, shall be considered a voluntary contribution, and not reimbursed under the terms of this agreement.

This Agreement only covers BLM requests for ABH for those lands protected or managed by the Californian Desert District. Any request by other Federal Agencies for Highland resources must be processed through the CFAA or some other local agreement.

4. INDEPENDENT ACTION Except as otherwise described in the OP, any Party on its own initiative and without reimbursement may go upon lands protected by the other Party to suppress wildfires, if the fire is a threat to property within that Party' s protection responsibility. In such instances, the Party taking action will promptly notify the Protecting Party.

If either Party takes action on a fire independently, the Supporting Party will furnish the Protecting Party a preliminary report ( oral) of the action taken through the Emergency Command Center as soon as possible.

5. CLOSEST FORCES The Parties agree to aggressively pursue Initial Attack plans that utilize Closest Forces Concept" wherever appropriate, and to identify preplanned Initial Attack areas within their respective protection responsibility areas. This philosophy dictates that the closest available resources, regardless of agency, shall be utilized initially. The emphasis to get the closest resources to respond to initial attack fires is in the best interest of all Parties.

6. NOTIFICATIONS Each Party will promptly notify the Protecting Party of fires burning on or threatening lands for which that Party has protection responsibility. When taking action, the Supporting Party will, as soon as possible, notify the Protecting Party in accordance with the OP; detailing what equipment and personnel have been dispatched to the incident location.

7. BOUNDARY LINE FIRES Both Parties shall have responsibility for Initial Attack in the case of a Boundary Fire. Neither Party will assume the other is aware of the fire or is taking action. The officer -in -charge who arrives first at the boundary line fire will act as Incident Commander. When both Parties have arrived, they will mutually agree to the designation of the Incident Commander or the initiation of a Unified Command structure.
3 -4-
Fire Protection Agreement City of Highland
California Desert District - BLM

8. COST SHARING On multi jurisdictional incidents and incidents which threaten or burn across direct protection boundaries, the Parties will jointly develop and execute a written cost share agreement which describes a fair distribution of financial responsibilities. Billing timeframes are dictated by the cost share agreement. These timeframes supersede the billing timelines identified in Clause 17.

9. COMMUNICATION SYSTEMS The Parties agree to share the use of communication systems, radios and radio frequencies for the implementation of this Agreement. Sharing of frequencies must be approved only by authorized personnel for each Party and documented in an Addendum attached hereto and incorporated herein by reference.

10. FACILITIES, EQUIPMENT AND SUPPORT The Parties may procure, loan, lease, share or exchange facilities, equipment, and support services. This may include, but is not limited to, such things as dispatch centers, training facilities, administrative offices, fire stations, air attack bases, lookouts, warehouses, vehicles, fire equipment, remote automated weather stations, lightning detection" equipment and communications equipment. The OP may outline conditions for specific situations. Whenever it has been mutually agreed, fees for such use, as might be found in special use permits or other similar documents, may be waived. Any operational costs required for such proposed use may be shared and reimbursed by the using Party.

11. JOINT PROJECTS The Parties may jointly conduct appropriate mutual interest projects to maintain or improve the fire protection capability of the Parties. Such projects will be properly documented in a Supplemental Project Agreement signed by each Party prior to starting the project, which agreement shall include an explanation of the objectives of each undertaking and the role each Party will play in accomplishing that objective. Any shared cost or reimbursements will be governed in accordance with the Supplemental Project Agreement.

12. REPLACEMENT OF FIRE SUPPLIES Replacement ofParty -owned supplies that are lost, damaged, or expended may be re -supplied at the incident prior to demobilization and according to established procedures. Items not available at the incident and that have been approved for replacement by the incident will be documented and an " S" number will be issued to authorize replacement after the resource leaves the incident.

The following items are not reimbursable in the execution ofthis Agreement and are considered standard personal support supply/ equipment.
a) Incident position support kits
b) Calculators
c) Computers
d) Printers
e) GPS units
f) Cell phones costs
g) Personal telephone charges
h) Support items normally available in Supply Unit, e. g., tents, sleeping bags, pads, water coolers, etc.
4 -5-
Fire Protection Agreement City of Highland
California Desert District - BLM

13. PRESERVATION OF EVIDENCE Both Parties will take action to protect and preserve the fire origin area and evidence pertaining to the fire cause. Both Parties will notify the other Party when they have located and secured the fire origin. Both Parties agree to share information during the investigation in cases of cost recovery/ trespass when the fire is caused by a third party.

14. TRAINING The Parties will cooperate to ensure that jointly provided training will produce, maintain, or enhance safe and effective fire and aviation programs. The intent is to provide high quality training that will minimize training costs by sharing of resources, standardization of courses, improve firefighting efficiency and safety. Each Party will bear the cost of training for their respective employees unless specifically addressed in the OP.

15. FIRE TRAINING CENTERS The Parties agree to reimburse ( or bill) for fire training rendered at training center( s). Billing and reimbursement procedures for this training will use the process identified at the respective fire training facility. Reimbursement and billing arrangements for the rent of either Parry' s training facilities is also considered part of this Agreement and billings will also be processed as identified by each training facility. Currently, neither Party has a training center.

16. INDIRECT COST RATES Indirect costs are those items of expense incurred as part of general management and administrative support of an organization. These costs are not attributable to a specific project, program, or output, but are distributed among many benefiting activities. Often, they are proposed as a percentage of direct project costs and are referred to as administrative costs, overhead, or burden. Examples may include office space, computer equipment, postage, utilities, salaries for administrative activities, such as procurement, personnel, accounting, and so forth. Direct charging of these costs, however, may be appropriate if they can be specifically identified to a project or program and the nature of the work performed creates a unique need or requires an extensive amount of support.

The Parties agree to the following:

1. If the payment recipient has never received or does not currently have a negotiated indirect cost rate, they are eligible for a de Minimis indirect cost rate up to 10% of Modified Total Direct Costs MTDC). MTDC is defined as all salaries and wages, fringe benefits, materials and supplies, services, travel, and contracts up to the first $25, 000 of each contract.

For rates greater than 10%, the payment recipient shall provide either an applicable negotiated indirect cost rate agreement (NICRA) from a cognizant Federal agency, or an indirect cost rate summary in a format that clearly defines the indirect cost rate and MTDC.

The payment recipient must maintain adequate documentation to support the methodology and computation of the indirect cost rate. Documentation must be made available to the Federal agency upon request.

Failure to provide adequate documentation supporting the indirect cost rate could result in disallowed costs and repayment to the Federal agency.
5 -6-
Fire Protection Agreement City of Highland
California Desert District - BLM

17. BILLING PROCEDURES The Supporting Party will bill the Protecting Party for actual costs incurred for ABH. Reimbursements will be limited to the provisions of the Agreement and the applicable OP and will be authorized on the resource order or other documentation produced by the incident.

Reimbursable costs may include transportation, salary, overtime, per diem and other approved expenses of Supporting Party personnel.

Parties shall submit a bill within 90 days of the incident being declared out ( i.e., the fire being controlled).

Parties must use their own invoice form for billing under this Agreement to avoid any confusion with other services that may have been ordered under other agreements.

Invoices must identify Supporting Party' s name, address, UEI number, fire name, order and request number, and bill number and amount. Invoice supporting documentation must include description of services performed, period of services performed, and any applicable cost share agreements.

Supporting documentation will itemize details of billing, listing personnel, equipment, travel and per diem, aircraft, supplies and purchases as approved in the attached OP. It will also include itemized deductions for maintenance and repair of equipment.

Invoices for services under this agreement must be sent to:

Bureau of Land Management City of Highland

BUREAU OF LAND MANAGEMENT
Email: BLM_ CA Fire Payments@b1m. gov
City of Highland
Attn: Finance Department
27215 Base Line
Highland, CA 92346
Email: Ap@cityofhighland. org
Financial Contact:

City of Highland
Chuck Dantuono
909) 864- 6861 Ext:224
cdantuono@cityofhighland. org
All bills will have a payment due date 30 days upon receipt. 6 -7-
Fire Protection Agreement City of Highland
California Desert District - BLM
Contested Billings: Written notice that a bill is contested will be mailed to the Party within 30 days of receipt of the invoice and will fully explain the contested items. Contested items should be resolved no later than 60 days following receipt of the written notice. Parties are responsible for facilitating resolution of contested billings.

18. FIRE PREVENTION Parties may agree to share responsibilities and materials for fire prevention activities. Materials may include posters for display in public buildings, businesses, and the like.

Parties may share responsibility for fire prevention and rural fire safety presentations and demonstrations.

19. FIRE RESTRICTIONS AND CLOSURES Parties will notify each other of any restrictions or closures in or near each other' s protection areas.

20. PRESCRIBED FIRE AND FUELS MANAGEMENT Parties will keep each other informed of Prescribed Fire operations when near the other Parry' s protection areas.

21. NATIONAL EMERGENCIES The Parties to this Agreement may respond upon request to National declared emergencies provided there are no statutory prohibitions against such use. Any requests for Highland resources outside of the California Desert District will be through the CFAA or another agreement.

22. EMPLOYMENT POLICY Employees of the Parties to this Agreement shall always be subject only to the laws, regulations, and rules governing their employment, regardless of incident location, and shall not be entitled to compensation or other benefits of any kind other than specifically provided by the terms of their employment.

23. EXAMINATION OF RECORDS Each Party shall give the other, or their authorized representative, access to, and the right to examine all records, books, papers, and documents related to this Agreement as provided by the Freedom of Information Act (FOIA) and Privacy Act. Parties shall retain and make supporting documents available for a period of 7 years after final payment.

24. FUNDING LIMITATION Nothing herein shall be considered as obligating either Party to expend, or as involving either in any contract or other obligation for the future payment of, money in excess of funding approved and made available for payment under this Agreement and any modification thereto.

25. NATIONAL INTERAGENCY INCIDENT MANAGEMENT SYSTEM The Parties to this Agreement will operate under the concepts defined in the National Interagency Incident Management System ( NIMS) including: Incident Command System ( ICS), qualifications system, certification system, training system, the management of publications, and participate in the review, exchange, and transfer of technology as appropriate for providing qualified resources, and for the management of incidents covered by this Agreement.

26. FIREFIGHTER & OVERHEAD QUALIFICATIONS The BLM agrees to send qualified personnel who meet all position requirements specified in PMS- 310- 1 to any Highland incident. Highland agrees to send qualified personnel who meet the training and qualification standards specified by their Policies.
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Fire Protection Agreement City of Highland
California Desert District - BLM

27. PERSONAL PROTECTIVE EQUIPMENT The Parties agree to provide their respective responding personnel with approved personal protective equipment ( PPE) suitable for the assignment.

In the case of Federal Agency resources, NFPA standards apply in wildland fire situations. In the case of Department resources NFPA or CAL OSHA, title 8 specifications meet the requirement. At no time will personnel respond without the approved PPE.

28. LAW ENFORCEMENT The Parties shall render mutual assistance in law enforcement activities pertaining to wildfire investigations and the gathering of evidence, and in actual court prosecutions to the fullest extent practicable. Law enforcement investigations will follow CALFIRE LG1 agreement.

Law enforcement efforts shall be coordinated to the maximum extent possible, at all levels by all Parties.

29. EQUIPMENT The Party that owns the equipment is responsible for the operation, service, and repair of such equipment. Notwithstanding the general waiver of claims against each other, the Protecting Party shall pay or reimburse for damage in excess of normal wear and tear, and shall replace or reimburse items lost or destroyed, except for damages occurring as a result of negligence by the Supporting Party. Special rates for Federal Excess Personal Property ( FEPP) equipment will be displayed in the rate schedules, which eliminate any purchase or replacement costs for the apparatus.

30. RECIPROCAL FIRE WAIVER OF CLAIMS Except as expressly set forth in Section 12, Parties to this agreement shall each be responsible for their own losses arising out of the performance of this agreement, and
each Party hereby waives any claim against any other Party for compensation for any loss or damage of its property and/ or personal injury or death of its employees or agents occurring as a consequence of performance of this agreement; provided, this provision shall not relieve any Party from responsibility for claims from third parties for losses for which the Party is otherwise legally liable.

31. NONDISCRIMINATION The Parties shall comply with all Federal statutes relating to nondiscrimination and all applicable requirements of all other Federal laws, Executive orders, regulations, and policies. These include but are not limited to Sections 119 and 504 of the Rehabilitation Act of 1973 as amended, which prohibits discrimination on the basis of race, color, religion, sex, age, national origin, marital status, familial status, sexual orientation, participation in any public assistance program, or disability.

32. ACCIDENT INVESTIGATIONS Whenever an accident occurs involving the equipment or personnel of a Supporting Party, the Protecting Party shall take immediate steps to notify the Supporting Party that an accident has occurred. As soon as practical, the Protecting Party shall initiate an investigation of the accident. A team made up of appropriate representatives from all affected agencies shall conduct the investigation. Costs for investigation personnel are Party -specific and will be borne by the Sending
Party. Other accident or incident investigation costs are the fiscal responsibility of the Party ( ies) that has jurisdiction and/ or investigative responsibility. The sharing of information between Parties on accident investigations and their findings and probable causes is a valuable tool for safety and must be encouraged.
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Fire Protection Agreement City of Highland
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33. FREEDOM OF INFORMATION ACT (FOIA) Any information furnished to the Federal Agencies under this instrument is subject to the Freedom of Information Act ( 5 U.S. C. 552).

34. DEBT COLLECTION IMPROVEMENT ACT Highland shall furnish their tax identification number (TIN) upon execution of this Agreement. Highland may wish to enroll in the Automatic Deposit program.

35. UNIQUE ENTITY ID NUMBER The Department shall furnish their Unique Entity ID (UEI) number upon execution of this agreement. The UEI was previously known as the Dunn and Bradstreet Number DUN). You may obtain a UEI number by visiting www.sam. gov. Agencies that had a DUN prior to April 4th and were registered at www. sam. gov already have an assigned UEI identified in the program.

36. ELECTRONIC FUNDS TRANSFER ( EFT) Highland shall designate a financial institution or an authorized payment agent through which a federal payment may be made in accordance with US Treasury Regulations, Money and Finance at 31 CFR 208, which requires that federal payments are to be made by EFT to the maximum extent possible. A waiver may be requested, and payments received by check by certifying in writing that one of the following situations apply:

1. The payment recipient does not have an account at a financial institution.

2. EFT creates a financial hardship because direct deposit will cost the payment recipient more than receiving a check.

3. The payment recipient has a physical or mental disability, or a geographic, language, or literacy barrier.

In order to receive EFT payments, the recipient/ cooperator shall register in the System for Award Management ( SAM). Highland may register by going to www. sam. gov and follow the instructions provided online. For assistance, contact the SAM User Help by contacting the supporting Federal Service Desk at ( 866) 606- 8220 or www.fsd. gov .

37. PREVIOUS AGREEMENTS CANCELED This Agreement supersedes and cancels any prior Cooperative Fire Protection Agreement between the Parties.

38. TERMINATION Both Parties retain the right to terminate their participation under this Agreement by providing 30 days written notice to the other Party.

39. MODIFICATIONS Modifications within the scope ofthe instrument must be made by mutual consent ofthe Parties, by the issuance of a written modification, signed and dated by all parties, prior to any changes being performed. The Parties are not obligated to fund any changes not properly approved in advance.

40. COMMENCEMENT/ EXPIRATION DATE This instrument is executed as of the date of last signature and is effective for five years from that date, at which time it will expire unless extended.

41. POSSESSION OF AGREEMENT AND OP ON INCIDENTS On incidents, the 9 -10-
Fire Protection Agreement City of Highland
California Desert District - BLM
Supporting Party shall furnish the Protecting Party, upon demand, a signed copy of this Agreement and current OP.

42. ALTERNATE DISPUTE RESOLUTION In the event of any issue of controversy under this Agreement, the Parties may pursue Alternate Dispute Resolution procedures to voluntarily resolve those issues. These procedures may include, but are not limited to, conciliation, facilitation, mediation, and fact finding.

43. PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their respective areas for matters related to this instrument.

Principal Highland Contacts:

City Program Contact City Administrative Contact
Sean Landavazo, Fire Chief
26974 Base Line Street
Highland, CA 92346
Telephone: 909- 680- 9526
Email: sean.landavazo@fire. ca.gov
Joseph Hughes, City Manager
27215 Base Line
Highland, CA 92346
Telephone: 909- 864- 6861 Ext. 22 1
FAX: 909- 862- 3180
Email: jhughes@cityofhighland. org
Principal BLM California Desert District Office Contacts:

Bureau of Land Management Contact Bureau of Land Management Administrative Contact
Paul Gibbs, Fire Chief CA Desert District Sandra Nieman, Incident Business Specialist 4955 Canyon Crest Drive 1201 Bird Center Drive
Riverside, CA 92507 Palm Springs, CA 92262
Telephone: 951- 903 - 413 5 Telephone: 909- 665- 2490
Email: [email protected] FAX: 951- 697- 5299
Email: snieman@b1m. gov
Alternate Administrative Contact:

Vanessa Kobilis, State Fire Business Analyst
2800 Cottage Way, Ste W- 1623
Sacramento, CA 95825
Telephone: 916- 978- 4446
FAX: 916- 978- 4438
Email: vkobilis@b1m. gov
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Fire Protection Agreement City of Highland
California Desert District - BLM

44. AUTHORIZED REPRESENTATIVES. By signature below, each Party certifies that the individuals listed in this document as representatives of the individual Parties are authorized to act in their respective areas for matters related to this instrument. In witness whereof, the Parties hereto have executed this instrument as ofthe last date written below.

APPROVAL:

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date written below:

Sean Landavazo, Fire Chief
City of Highland Date
MICHELL LYNCH, District Manager
U.S. Bureau of Land Management, California Desert District Date The authority and format of this instrument have been reviewed and approved for signature.

VANESSA KOBILIS BLM STATE FIRE BUSINESS ANALYST Date
CITY MANAGER: JOSEPH HUGHES Date
CITY ATTORNEY: MARICELA E. MARROQUIN Date
CITY CLERK: BETTY HUGHES Date
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Fire Protection Agreement City of Highland
California Desert District - BLM

EXHIBIT A

COOPERATIVE FIRE PROTECTION AGREEMENT

OPERATING PLAN

ANNUAL REVIEW
HIGHLAND: 2023
2024
2025
2026
BLM: 2023
2024
2025
2026
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Fire Protection Agreement City of Highland
California Desert District - BLM
I. IDENTIFICATION
This Operating Plan (" OP") is between City of Highland (" City") and the United States Department of the Interior Bureau of Land Management (" BLM"), California Desert District, sometimes referred to herein as the " parties" or " agencies." Undefined terms shall have the same meaning as that set forth by the parties in the Cooperative Fire Protection Agreement and Stafford Act Response Agreement.

II. AUTHORITY
This Operating Plan is required by the local Cooperative Fire Protection Agreement (" CFPA"), referred to herein as the Agreement, between Highland and the Bureau of Land Management. This plan shall be attached to and become part of the Agreement upon signature of all the parties and should be reviewed annually each year.

III. PURPOSE
This Operating Plan provides the officers and employees of the parties with guidelines and information necessary to properly execute the terms of the Agreement.

IV. DELINEATION AND DESCRIPTION OF FIRE PROTECTION F EVIENIS The Direct Protection Areas (" DPA") of the following protection units are covered by this plan:

City of Highland
United States Department of the Interior — Bureau of Land Management California Desert District
A. Direct Protection Area Boundaries:

Boundaries will be delineated on a GIS layer. Link to the DPA maps:
http:// www. arcgis. com/ apps/ View/index. html?appid= 1484ce 1 c5824487da50f24b0369e9247 The First map below identifies the City of Highland /State of California, Wildland Protection Agreement ( WPA/LG1- W).

The second map below identifies the BLM managed -lands ( yellow parcels # 691) within the City of Highland.
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Fire Protection Agreement

HIGHLAND
CITY
City of Highland
Wildland Protection Agreement ( WPA)
Miles
0 0. 25 0. 5 1
n1ittti Ave
Pioneer s,', e
Lines
City ofHighland
Other Citv' Conmmnity
W BLM Area 69 ( CAL FIRE UOP)
City of Highland
California Desert District - BLM

CAL FIRE WPA
CAL FIRE WPAHighland Threat
Zone ( TZONE) Local
DPA CAL FIRE TZONE Federal
DPA CAL FIRE TZONE aLArid
h4uniciN.
t ._.,...,. 1 Direct
Protection Area (DPA) State
DPA-SRA ai
Federal DPA- FRA Local

DPA DPA
boundaries will be reevaluated during preparation of each OP and field review. When the need to change the DPA boundary isidentified, the Protecting Party will notify the Supporting Party of the need for a change in writing by email orletter. 14
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Fire Protection Agreement City of Highland
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B. Reciprocal Fire Protection ( Mutual Aid) and Closest Forces Concept:

Protection units shall coordinate their Initial Attack (" IA") response by utilizing the " closest forces" to each planned response area, agreeing to which resources will be automatically dispatched, and entering that planned response in that party' s individual dispatch database. All resources except aircraft listed in the initial attack planned response will be " Mutual Aid" for up to 12 hours from the time of initial dispatch. All other ordered resources will be Assistance by Hire. " Mutual Aid" periods, during which the Parties provide resources to each other on a non-refundable basis, carries the same meaning as that set forth in the Agreement.

C. Move -up and Cover:

If agreed to by the Supporting Party unit, fire engines may be used for move -up and cover assignments on a Mutual Aid basis. Otherwise, move -up and cover assignments will be on Assistance -By -Hire basis. Move -up and cover resources may be ordered directly between the Parties to this OP.

Move up and cover resources provided by the Bureau of Land Management are limited to wildland fire response, where vegetation is the primary fuel. BLM will not supplant local government responsibilities, or routinely serve as the primary emergency response to non- wildland fire emergencies ( for example, medical aids, HAZMAT, automobile accidents, water rescue, and so forth). The Protecting Party may provide vehicle fuel, minor maintenance, and lodging at no cost to the Supporting Party, who is coming to the aid of the Protecting Party.

D. Special Management Considerations:

Special Management Areas" where restrictions on normal suppression methods apply include such areas as Federal Wilderness Areas, Wilderness Study Areas, Federal Wild and Scenic Rivers, Areas of Critical Environmental Concern, Designated Critical Habitat for Threatened and Endangered Species, sensitive cultural sites, botanical areas and areas with naturally occurring asbestos. In most of these areas, the use of dozers for fireline construction is the most impacting action and should be avoided, except in situations where life and property are directly threatened. The use of dozers in Wilderness and/ or Wilderness Study Areas requires authorization from the authorized Federal Agency Administrator prior to use.

It is essential to request an Agency Administrator Representative/ Agency Representative and Resource Advisor from the jurisdictional agency to advise the protecting agency regarding specific modified suppression necessary in these areas. Specific objectives for protection of sensitive resources will be included in Wildland Fire Decision Support System ( WFDSS) analyses and the Incident Commander will incorporate special management considerations into the incident planning process.

A list and map of Special Management Areas is included in Exhibits E1- E4. The Jurisdictional Agency will provide necessary instructions for suppression and other wildland fire management 15 -16-
Fire Protection Agreement City of Highland
California Desert District - BLM
actions in a supplement to this Operating Plan. The supplement and more detailed maps of Special Management Areas will be provided to all command centers and to appropriate local suppression units.

The Jurisdictional Agency will provide necessary instructions for fire management actions in a supplement to this Operating Plan for the following areas as applicable:

1. Wilderness Areas

2. Wild and Scenic Rivers

3. Research Natural Areas

4. Wilderness Study Areas

5. Cultural and Archeological Sites

6. Roadless Areas

7. Communities/ Structures

8. Threatened and Endangered Species

9. State Parks with SRA located within Federal DPA

10. Other areas identified in land management planning documents or otherwise requiring special procedures.

E. Non-Wildland Fire Emergencies:

When City resources are covering a Federal station, they may be dispatched to structure or other fires, medical aid calls, or other emergency incidents.

Federal resources may be requested to respond to non- wildland fire emergencies but will only provide assistance commensurate with the policies and training of the responding personnel and equipment. Highland shall notify the Federal Interagency Communication Center ( FICC) of all Non-Wildland Fire Emergencies occurring on Federal Lands and provide necessary information required for agency reporting requirements.

F. Wildfire Suppression Activity Damage Repair:

Repair of suppression activity damage ( e. g., spreading of dozer berms, installation of water bars, minor road repairs, etc.) will normally be done by the agency with direct protection responsibility for the fire as an integral part of overhaul/ mop- up. Protecting and Jurisdictional Agencies may develop written suppression repair plans ( refer to addenda). Suppression repair work should occur with oversight from Resource Advisors.
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Fire Protection Agreement City of Highland
California Desert District - BLM
Specialized equipment may be needed to complete necessary erosion control work, especially in highly erodible soils. Protecting Party will order proper equipment needed to repair damage such as excavators or masticators. In extraordinary circumstances, such as excessively wide dozer lines, excessive slopes, or significant damage in highly sensitive areas, additional efforts may be needed, e. g. providing adequate ground cover ( pulling brush back over lines or spreading rice straw). Any rehabilitation beyond the level described herein is the responsibility ofthe landowner.

G. Suppression Policy:

For all fires within Federal Direct Protection Areas and on Federal lands, the basic Initial Attack objective will be to control the fire at 10 acres or less. Ifthe objectives are determined by a Federal Agency ( for FRA) to be different than the objective for the surrounding area, the area shall be considered a Special Management Area ( see Section D above).

V. FIRE PROTECTION ORGANIZATION
See Exhibits C and D
Both protection units will, to the extent possible, provide fire prevention programs and enforcement as necessary to adequately address the fire problem in their Direct Protection Areas. In addition, units are encouraged to undertake joint prevention activities in areas of mutual interest whenever practical.

VI. OUALIFICATIONS/MINIMUM REOUIREMENTS:

All agencies ( federal, state, local and tribal) accept each other' s standards for personnel qualifications.

VII. MAPS
The latest Federal agency map indicating land ownership will be used to display the information required in this Operating Plan. Maps will be kept on file in the headquarters office of each protection unit. The following items shall be shown on each map according to the attached standard legend:

A. Protection Boundary ( DPA) and Mutual Threat Zones ( MTZ' s) B. Protection Unit Facilities
C. Administrative Boundaries
D. Special Management Areas with approved suppression plans.

VIII. OPERATING PROCEDURES
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Fire Protection Agreement City of Highland
California Desert District - BLM
A. Notification and Reports:

Notification of fires burning or threatening the lands of another agency will immediately be made by the Protecting Party once the location of the fire is verified by calling the 24- hour phone number shown in Exhibit H.

B. Mutual Dispatch Area Revisions or Establishment of IA dispatch needs:

The preplanned Initial Attack responses will be reviewed annually prior to fire season and revised as necessary to assure immediate coordinated response of the closest available resources for Initial Attack. Dispatch levels will be determined using the most recently calculated level of the Protecting Party.

C. Joint Response Coordination:

In joint response or boundary fire situations, these guidelines should be followed to coordinate Initial Attack response between the agency' s signatory to this operating plan:

1. The unit receiving the first report of the incident will immediately notify the other agency, giving:
a) Response area designator
b) Descriptive location
c) Legal location, or latitude and longitude
d) Aircraft radio frequency and contact
e) Ground radio frequency and contact
0 Responding resources

2. Each agency will dispatch its closest available resources according to the preplanned response criteria. Dispatchers of cooperating protection units should keep each other advised of the status of initial attack resources.

3. Any additional information obtained about the fire will be immediately shared with the other agency.

4. Once the location/jurisdiction is determined, affected agencies will go into unified command and the protecting agency with the greatest threat will become the Unified Ordering Point. If resources are needed from the Supporting Party, those resources may be kept by placing them on the Protecting Party' s Order Number.

D. Boundary Fires:

The first arriving officer of the responding agency is responsible for immediately determining the exact location and jurisdiction of the incident. Once the location is determined and it is safe to do so the protecting agency( ices) will take over coordination. The Agency with DPA responsibility may use or return the incoming resources of the other agencies. Fires in areas of Mutual Threat will be determined by the MTZ Maps and responding Chief Officer( s). The following guidelines apply to initial attack, extended attack, or major fire situations:
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Fire Protection Agreement City of Highland
California Desert District - BLM

1. Unified Command: A Unified Command organization will be implemented on all boundary fires. While in unified command, the Agency Administrators and/ or Incident Commanders of the involved agencies shall mutually agree upon fire objectives, strategies, commitment of agency resources, priorities, and establishment of a Unified Ordering Point.

When any agency operating on a Unified Command incident decides to change command and/ or staff personnel it will inform and coordinate this action with all other agencies.

Ifit is determined that the fire is confined to the DPA of Highland or the BLM, the protecting agency will designate an Incident Commander. If necessary, the protecting agency may request the supporting agency to assume command of the fire.

Agencies in Unified Command must collocate at the Incident Command Post. 19 -20-
Fire Protection Agreement City of Highland
California Desert District - BLM

2. Incident Information: Incident information requests are to be referred to the protecting agency for single responsibility incidents. For joint responsibility incidents, appropriate unit line officers will jointly determine the need and procedures for operation ofjoint incident information centers. The participating agencies will attempt to reach agreement on origin and cause before release of fire cause information, or initiation of civil or criminal actions.

E. Assistance by hire and resource order process beyond IA:

All requests for fire suppression resources must be clear and precise ( i.e. state the numbers and types ofresources needed, the nature ofthe assignment, and the urgency of need), and processed and recorded through appropriate channels. Preplanned initial attack ordering will be as per Section IV above.

1. Aircraft Use:

Aircraft will be assistance by hire.

2. Handcrews and Dozers:

Handcrews and Dozers will be assistance by hire.

F. Agency Representatives/Agency Administrator Representatives:

It is mutually agreed that any agency providing resources may, at its own discretion, request an agency representative who will be ordered and paid for by the protecting agency. Any support staff required by an agency representative will be mutually agreed to and ordered by the protecting agency or will be considered a voluntary contribution.

An agency with jurisdictional interest, but not providing resources may, at its discretion, send an agency administrator representative who will be considered a voluntary contribution.

G. Interagency Sharing of Communications Systems and Frequencies:

A Cooperative Radio Frequency Plan specifying the radio frequencies available for shared use and any appropriate guidelines or restrictions for such use are attached as Exhibit F. Each responsible dispatch office shall retain control of, police the use of, and allocate frequency use as necessary.

In mutual aid situations, a common designated radio frequency identified in the OP should be used for incident communications. All incident resources should utilize and monitor this frequency for incident information, tactical use, and changes in weather conditions or other emergency situations.

See Exhibit F for frequency list.

H. Move -up and Cover Stations:

1. A " Cover Crew Guide" will be available at each fire station facility and contain enough information to allow a cover engine to provide Mutual Aid if called upon.

2. There may be times when cooperators are involved in emergency operations and unable to 20 -21-
Fire Protection Agreement City of Highland
California Desert District - BLM
provide mutual aid. In this case other cooperators may be contacted for assistance.

I. Shared Equipment Facilities and Services:

Authorization and conditions for the use of shared equipment, facilities, or services will be jointly developed according to the provisions of the Agreement.

J. Wildland Fire Decision Support System:

Wildland Fire Decision Support System (WFDSS) entry is required whenever a wildland fire is on or threatening federal lands if a fire exceeds initial attack or is being managed for multiple objectives including resource benefit. It is the responsibility of the appropriate federal line officer/manager to ensure inclusion of all federal partners affected ( or designee) to complete and document the WFDSS decision. A BLM Agency Administrator needs to be assigned in WFDSS ifBLM management lands are within the WFDSS planning area of another agency. It is the responsibility of the Incident Commander ( or designee) to participate in the WFDSS decision process and to develop an achievable WFDSS decision, and to use the WFDSS decision in developing the Incident Action Plan. The final responsibility for implementation of safe appropriate strategy and tactics rests with the Incident Commander. https:// wfdss. usgs. gov/ WfdssApp/ faces/ facelets/ login/ WFDSSLogin. xhtml K. Post -Incident Action Analysis:

Upon the request of a Fire Chief or Designee, a post -incident action analysis ( critique) will be initiated for any fire escaping initial attack to obtain information that may enhance the administration of the Agreement or this Operating Plan. Any such critique should involve members of the incident command and general staffs, and officers from each involved protection and jurisdictional unit. The appropriate next higher -level office of each agency may also be invited to participate in or facilitate the critique. Any critique, upon completion, will be shared between the Parties.

L. Reimbursement and Compensation

1. Refer to the Agreement
IX. FIRE PREVENTION ACTIVITIES
A. General Cooperative Activities:

All protection units will, to the extent possible, provide fire prevention programs, inspections, and enforcement as necessary to adequately address the fire situations in their Direct Protection Areas.

In addition, units are encouraged to undertake joint prevention activities in areas of mutual interest whenever practical.

B. Information and Education:
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Fire Protection Agreement City of Highland
California Desert District - BLM

1. Fire Danger Operations: The protection units will advise each other of increased fire danger and will coordinate activities, including patrols, as necessary to avoid any duplication of effort or public confusion.

2. Smokey Bear Program: Protection units should cooperate in the coordinated delivery of Smokey Bear program in direct protection areas as well as areas close to the boundaries.

3. Local Educational Program: The use of interagency teams to conduct local educational programs is encouraged to facilitate improved public knowledge ofthe mission and responsibilities of all the cooperating agencies especially in direct protection areas.

4. Fire Prevention Signs: Coordination and placement of fire prevention signs should be used in order to prevent duplication of effort or sending of mixed messages. This is especially important for fire danger rating signs.

C. Engineering:

1. Railroads and Utilities: Where railroad or utility lines cross the protection boundary, the adjacent protection units should coordinate their inspections and contacts with the companies to achieve consistency in application of laws and regulations whenever possible.

D. Enforcement:

1. Burning and Campfire Permits:
a. Only Federal personnel will issue permits, when required, for project burning ( other burning) on Federal lands.
b. City personnel may issue California Campfire permits on BLM managed lands. c. BLM and City officers issuing burn permits on their own jurisdiction should solicit the cooperative participation of a representative of the other agency whenever appropriate.

2. Restrictions and Closures: When any party plans, activates, or deactivates any suspension, closure, or restriction, the adjacent protection unit( s) will be notified, and a copy of the notice promptly provided. BLM restrictions and closures will not affect City, private, BIA or SRA lands.

3. Fire Origin and Cause Determinations: Authorized Federal agency personnel may conduct an origin and cause determination of any wildfire originating in Federal DPA.

City agency personnel may conduct an origin and cause determination of any wildfire originating in City DPA. Agency personnel ( administrators) may decide that a joint investigation under Unified Command is appropriate. After consulting with each other, authorized Agency administrators will determine whether the agency with original jurisdiction needs to assume the full responsibility for the overall investigation. 22 -23-
Fire Protection Agreement City of Highland
California Desert District - BLM
X. GENERAL PROVISIONS
A. Periodic Reviews:

BLM will make resources available to Highland at least one day during the fire season for an on -the -ground inspection of the federal operations under this Operating Plan. Highland will make resources available to the BLM at least one day during the fire season for an on -the - ground inspection of City operations under this plan. Parties shall provide at least five ( 5) calendar days' notice before their planned on -the -ground inspection.

B. Updating of Plan:

Both Agencies should meet at least annually by June 15, or as soon as reasonably practicable, to review the Operating Plan and Addendums. These documents will be updated as necessary.

C. Public Information:

Both Agencies will attempt to provide only current, accurate information on their own activities to the public or media, to refer inquiries to the appropriate agency, or to develop a joint response when the topic relates to cooperative efforts under this Operating Plan.

D. Budget Changes:

If during the effective period of this Operating Plan any unit receives a budget change increase or decrease) that could significantly modify the provisions of this plan, a revision to the plan will be jointly negotiated.

E. Changes During the Year:

Any long- term change in the fire protection organizations which will directly affect the protection level of lands assigned to the direct protection of another unit under this Operating Plan must be agreed to in advance by the affected agencies. Discussions of potential changes should be initiated at the protection unit level and then referred to the next higher organizational level for approval or resolution.

F. Agency Reviews and Investigations:

1. The BLM will follow the Interagency Standards for Fire and Aviation Operations for Agency reviews and investigations.

2. Highland will follow their agency policies & procedures and cooperate with federal agencies whenever possible.
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Fire Protection Agreement City of Highland
California Desert District - BLM
G. Information Exchange:

In order to encourage the resolution ofissues associated with this Agreement or this Operating Plan at the lowest possible organizational level, the California Desert District Fire Chief is designated as the primary contact for the BLM Agency Administrator and will serve as the BLM Agency Administrator Representative.

H. Interagency Training:

Interagency training activities can be mutually beneficial, and units are encouraged to:

1. Participate in shared local level training at each other' s facilities on an ongoing basis.

2. Allocate available slots in appropriate formalized training sessions for personnel of the other agencies.

3. Utilize instructors from the other agencies when they are available.

4. Conduct fire officer meetings, tabletop exercise and field exercises when appropriate.

XI. COOPERATING AGENCY CONTACT LISTINGS:

See Exhibits G and H
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Fire Protection Agreement City of Highland
California Desert District - BLM

EXHIBIT B
Glossary
ADMINISTRATIVE RATE: That pre -established percentage charge that will be applied by the billing PARTY.

AIRCRAFT: Any firefighting fixed, or rotary -winged aircraft owned or contracted exclusively to Highland or BLM.

ASSISTANCE BY HIRE: Fire suppression resources and associated support resources needed to fill the incident order that are to be reimbursed by the Protecting Party to the Supporting Party.

AVAILABLE: Following the Incident Command System protocols, the status of a firefighting resource that indicates its availability for assignment on an incident.

BACKFILLING: The act of providing cover staffing at the station or administrative site that has been vacated by the resources provided to the incident
BOUNDARY FIRE: A fire burning on or directly adjacent to the Direct Protection Boundary between Highland and the BLM.

CLOSEST FORCES CONCEPT: The philosophy of committing the closest available appropriate resources, regardless of ownership, to a wildfire for initial response or for critical need.

COOPERATIVE FIRE PROTECTION: Specific fire protection services furnished by one party to the other on a reimbursable basis pursuant to the Operation Plan.

COST SHARE AGREEMENT: An interagency agreement describing the conditions and/or percentage of City and BLM financial responsibility for costs incurred as a result ofjointly approved operations pursuant to the terms of this agreement.

DETECTION: The act or system of discovering and locating a fire.

DIRECT PROTECTION AREA ( DPA): That area which, by law, is provided wildland fire protection by Highland or by the BLM. DPAs may include a mixture of City and BLM responsibility areas.

DIRECT PROTECTION AREA MAPS: Official maps which identify areas of direct wildland fire protection for each Party.

FEDERAL AGENCY ADMINISTRATOR: The managing officer of an agency, division thereof, or jurisdiction having statutory responsibilities for incident mitigation and management. 25 -26-
Fire Protection Agreement City of Highland
California Desert District - BLM
FEDERAL EXCESS PERSONAL PROPERTY ( FEPP) PROGRAM: A program in which Federal property originally purchased for use by a Federal agency, but no longer needed by that entity, is acquired by the DOI for loan to one ofthe 50 States or the Territories for use in the State' s rural or wildland fire protection program. As a result, the equipment stays in service to America, protecting lives and property across the nation. The term " personal" simply refers to any tangible property that is not real estate. This can include trucks, aircraft, personal protective equipment, fire hose, et cetera, but not buildings.

FIRE HELICOPTER: A rotary wing aircraft provided by Highland or the BLM for planned availability and initial fire response.

FIRE PREVENTION: Activities directed at reducing the number of fires that start, including public education, law enforcement, dissemination of information, and the reduction of hazards through engineering methods.

FIRESCOPE ( Firefighting Resources of California for Potential Emergencies): A cooperative effort involving all agencies with firefighting responsibilities in California. Organized to create and implement new applications in fire service management, technology and coordination, with an emphasis on incident command and multi -agency coordination.

HANDCREW: A wildland fire suppression crew consisting of approximately 15 to 20 persons.

HELITACK: A firefighting module consisting of a " fire helicopter", helitender, and firefighting crew.

The number of personnel in the crew may vary.

HOSTING UNIT: The organization or area responsible for the incident or the area where the incident occurs.

INCIDENT: An occurrence or event, either human -caused or natural phenomenon that requires action by emergency service personnel to prevent or minimize loss of life or damage to property and/ or natural resources.

INCIDENT COMMANDER: The first company officer at the scene that is in charge of the incident and who has overall command at the scene.

INITIAL RESPONSE or INITIAL ATTACK: Resources initially committed to an incident.

JURISDICTIONAL AGENCY: The agency having overall land and resource management and/ or wildland fire protection responsibility for a specific geographical or functional area as provided by federal, state or local law.

JURISDICTIONAL PARTY: The party which has overall land and resource management and/ or protection responsibility as provided by law.

LINE OFFICER/AGENCY REPRESENTATIVE: A Supporting Party employee with full authority to make decisions on all matters affecting that Party' s participation at the incident. 26 -27-
Fire Protection Agreement City of Highland
California Desert District - BLM
MOVE -UP AND COVER: Identifies a relocation of fire suppression resources from their established location to a temporary location to provide fire protection coverage for an initial response area.

MUTUAL AID: Automatic initial response by suppression resources ( excluding aircraft and pilot[ s]) as for specific pre -planned initial response areas and provided at no cost to the Protecting Party for the first specified hours from the time of initial report. Mutual Aid is limited to those Initial response resources or move -up and cover assignments that have been determined to be appropriate by the Supporting Party. Aircraft (fixed and rotary -winged, including pilot[ s]) shall always be Assistance by Hire, EXCEPT when the response is under a unified command and the fire threatens both local and federal jurisdictions. Fiscal responsibility for all aircraft will be determined by the ordering process, utilization and cost share agreements.

PRESCRIBED FIRE: The planned use of fire on wildlands to accomplish specific objectives including reducing fire hazard, providing flood protection, enhancing wildlife and fisheries, or improving water yields and/ or air quality.

PROTECTING PARTY: The Party responsible for providing direct wildland fire protection to a given area pursuant to this agreement.

RECIPROCAL FIRE PROTECTION ( MUTUAL AID): Automatic initial response by suppression resources as specified in the Operating Plan for specific pre -planned initial response areas and provided at no cost to the Protecting Party for the specified mutual aid period. Aid is limited to those resources or move -up and cover assignments that have been determined to be appropriate in the Operation Plan.

REIMBURSABLE WORK: Reinforcements exceeding reciprocal fire protection services furnished by either Party, at the request of the other, or fire protection furnished as a chargeable cooperative fire protection service
REPAIR OF SUPPRESSION ACTIVITY DAMAGE: Those activities undertaken by fire suppression forces during or immediately after the control of a wildfire to ensure the prevention of erosion or to repair other damages resulting from fire suppression activities.

RESOURCE ADVISOR ( READ and/ or REAF): Provides guidance during the implementation of rehabilitation activities. Identifies potential resource issues that may occur as a result of the incident or incident activities. Develops a recommended fire suppression rehabilitation plan for the agency administrator and the incident commander.

SENDING PARTY: Either the Protecting Party of the Supporting Party.

SUPPORTING PARTY: The Party directly contributing suppression, rescue, and support or service resources to the Party possessing direct fire protection responsibility for the area upon which an incident is located.

SUPPRESSION: All the work of confining and extinguishing a fire beginning with its discovery. 27 -28-
Fire Protection Agreement City of Highland
California Desert District - BLM
UNIFIED COMMAND: The organizational structure implemented on multijurisdictional incidents.

The Parties' Incident Commanders will jointly determine incident objectives.

WILDFIRE: An unwanted fire burning uncontrolled on wildland.

WILDLAND: Lands covered wholly or in part by timber, brush, grass, grain, or other flammable vegetation.
28 -29-
Fire Protection Agreement City of Highland
California Desert District - BLM

EXHIBIT C

RESOURCES CITY OF HIGHLAND FIRE DEPARTMENT

LOCATION IDENTIFIER ICS TYPE STAFFING PERIOD
Medic Engine I 3 12 Months
Station 541 541
Station 542 Medic Engine I 3 12 Months
542 III 3
Brush Engine
542
Station 543 Medic Engine I 3 12 Months
543
29 -30-
Fire Protection Agreement City of Highland
California Desert District - BLM

EXHIBIT D

RESOURCES BLM CALIFORNIA DESERT INTERAGENCY FIRE

PROGRAM (CDIFP)

LOCATION IDENTIFIER ICS TYPE STAFFING PERIOD
Apple Valley
Engine 7375 III 5 May -Sept.

Engine 7376 III 5 May -Sept.

WT- 7990 I 1 May -Sept.

Engine 7662 VI 4 12 Months
Helicopter 554 II
205A1+++)
14 May -Sept.

Patrol 7543 N/A 1 Vacant
Hole -In -Wall
Engine 7373 III 5 May -Sept.

Engine 7374
NPS)
III 5 May -Sept.

Salt Wells Engine 7377 III 5 May -Sept.

Yucca Valley
Engine 7371
NPS)
III 5 May -Sept.

Engine 7372 III 5 May -Sept.

Olancha Engine 7378 III 4 May -Sept.

Morongo Engine 7370 III 5 May -Sept.

El Cajon Patrol 7540 N/A 1 12 Months
Palm Springs Engine 7660 VI 4 12 Months
Reserve Engine 7661 VI 2 As Needed
Riverside Patrol 7542 N/A 1 12 Months
Note: All BLM and NPS Engines are 4x4
30 -31-
Fire Protection Agreement City of Highland
California Desert District - BLM
EXHIBIT E- 1

SPECIAL MANAGEMENT AREAS BLM
Special Suppression Requirements within BLM Wilderness Areas ( WAs), Wilderness Study Areas ( WSAs) and Area of Critical Environmental Concern ACEC).

This addendum to the Operating Plan of the Cooperative Fire Management Agreement is to establish suppression requirements on BLM lands managed as Wilderness Areas, Wilderness Study Areas and Areas of Critical Environmental Concern. There are certain policy and practical differences in management of WAs, WSAs and ACECs with respect to other public land. These differences are based on the " Interim Management Policy and Guidelines for Lands under Wilderness Review" Handbook, Fire Management section. The main consideration is to eliminate surface disturbance associated with fire suppression activities.

Areas of Critical Environmental Concern will be managed under the same criteria as Wilderness Areas and Wilderness Study Areas.

Attached are:

1. Special Suppression Requirements for WAs, WSAs and ACECs (Addendum E- 2)

2. Wilderness Areas, Wilderness Study Areas and Area of Critical Environmental Concern Areas ( see link below.

3. Maps of WAs, WSAs and ACECs by county ( see link below).

Maps:
https:// nifc. maps. arcgis. com/ apps/ View/ index. html? appid= 810ab59da5e749bc88e8ae 10672 eb07b
31 -32-
Fire Protection Agreement City nfHighland

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Fire Protection Agreement City of Highland
California Desert District - BLM
EXHIBIT E- 2

SPECIAL SUPPRESSION REQUIREMENTS WITHIN

WILDERNESS AREAS, WILDERNESS STUDY AREAS

WSA), BLM WILDERNESS AREAS, AND AREAS OF CRITICAL

ENVIRONMENTAL CONCERN (ACEC)
The lands within the California Desert District have significant value to the BLM and to the public that uses them. Many special flora and fauna species exist in a delicate balance with their environment. Human disturbances to habitat and or the individual can have dramatic consequences whether intended or not. All fire activities are based on the requirements identified in agency planning documents that exist in each of our response areas. At a minimum, the BLM Zone Fire Management Officers ( Division Chief) will have a copy of the BLM fire management plan. Agency Administrators will provide additional requirements in writing or in briefings.

Special Management Areas where restrictions on normal suppression methods apply include such areas as Federal Wilderness Areas, Wilderness Study Areas, Federal Wild and Scenic Rivers, Areas of Critical Environmental Concern, habitat for Threatened and Endangered Species, sensitive cultural sites, botanical areas, and areas with naturally occurring asbestos. In most of these areas, the use of dozers for fireline construction is the most impacting action and should be avoided, except in situations where life and property are directly threatened.

It is essential to request a Resource Advisor from the jurisdictional agency to advise the protecting agency regarding specific modified suppression necessary in these areas.

Specific objectives for protection of sensitive resources will be included in Wildland Fire Decision Support System ( WFDSS) analyses and the Incident Commander will incorporate special management considerations into the incident planning process. In the absence of an Agency Administrator, a qualified Agency Administrator Representative will be assigned to incidents to represent the political, social, and economic issues of the Agency Administrator to the incident commander.

The jurisdictional agency will provide necessary instructions for suppression and other wildland fire management actions. To provide the best information possible, information from unit and agency specific Fire Management Plans, Land Use Plans, and Resource Management Plans will be provided as necessary. These reference documents provide agency specific guidelines concerning each Special Management Area and considerations to be taken while engaging in fire suppression/ rehabilitation activities in the identified

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Fire Protection Agreement City of Highland
California Desert District - BLM
areas, as well as maps of Special Management Areas. Maps of Special Management Areas should be provided to all command centers/ dispatch centers and to appropriate local suppression units.

There are guidelines in place for "light hand on the land" and Minimum Impact Suppression Tactics ( MIST) actions for fire suppression tactics in the California Desert.

MIST Guidelines can be found in the IRPG.

The main consideration is to eliminate surface disturbances associated with fire suppression efforts as much as possible within BLM Wilderness, Wilderness Study Areas WSA) and Areas of Critical Environmental Concern ( ACEC). This also reduces rehabilitation costs associated with suppression activities. The BLM-managed lands near the Santa Anna Wash are in an ACEC.

PRINCIPLES

1. When engaged in suppressing wildfires in wilderness, WSAs or ACECs, the following Special Suppression Requirements will be incorporated into the fire suppression action:
a. Safety of fire -fighting personnel will receive the highest priority. b. All suppression actions will be carried out in a manner that least impairs wilderness values, i.e., minimum impact suppression techniques.

Any action necessary to prevent loss of life or real property may be taken, even if the action impairs wilderness values or ACEC values if such action is consistent with the values at risk and the safety of personnel.
c. All fires in wilderness, WSAs or ACECs that are protected by a non -Interior agency will have an Interior Department Agency Representative and Resource Advisor ( READ) assigned to the fire to advise the protecting

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Fire Protection Agreement City of Highland
California Desert District - BLM
agency of Interior Department laws and policies, including the Wilderness Act.
d. Incident equipment ( bulldozers/ tractors) will not be used in wilderness areas or WSAs, except to prevent loss of human life or real property, or in extreme circumstances to protect specific or essential park resources, specifically authorized by the BLM State Director. Dozer use in ACECs needs approval of the Field Manager.
e. All rubber -tired suppression vehicles will be driven on existing residual ways of passage.
f. Engines and portable pumps may be used to support fire line construction through hose lays, where possible.

Suppression tactics will attempt to use foam, fire -line explosives, fugitive uncolored) retardant and other new technologies in lieu of more surface - disturbing suppression tactics.
h. Retardant will be dropped no closer than 300 feet from any wetland or riparian area.
i. Where feasible, it will be acceptable to burn out ridges, washes, other natural barriers and roads to stop the spread of fire and serve as control lines. Fire lines may tie into but not proceed through meadows, spring areas, riparian zones, or cultural sites.

Helicopters and retardant aircraft may be used in initial attack and reinforcement as deemed necessary by the Incident Commander. Helicopters may be landed on existing heliports, helispots, or unimproved sites in wilderness, WSAs and ACECs.
k. Fire suppression repair requirements will be determined by the Incident Commander and the Agency Representative. Suppression repair will be determined during suppression activities while fire forces and equipment are still on incident.
g•
j•

2. A Wildland Fire Decision Support System ( WFDSS) decision must be published for every wildfire burning BLM- managed lands that is not immediately suppressed. The WFDSS will prescribe the level of suppression action. The WFDSS may prescribe actions that range from surveillance/monitoring to full suppression. The WFDSS will be used to reconcile resource management issues as they relate to the wildfire.

3. The Agency Administrator or their delegated representative is responsible for developing and approving the WFDSS in conjunction with the Incident Commander.

4. Fire management and suppression will conform to the Fire Management Plan that is

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Fire Protection Agreement City of Highland
California Desert District - BLM
in force for the lands in question.

5. The signatories will support standardized job performance requirements and qualification for agency representatives and READs between agencies.

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Fire Protection Agreement City of Highland
California Desert District - BLM
EXHIBIT E- 3

REHABILITATION GUIDELINES FOR FEDERAL LANDS
Rehabilitation is a critical need. This need arises primarily because of the impacts associated with fire suppression and the logistics that support it. The process of constructing control lines, transport of personnel and materials, providing food and shelter for personnel, and suppression activities has a significant impact on sensitive resources regardless of the mitigating measures used. Therefore, rehabilitation must be undertaken in a timely, professional manner. During implementation, the resource advisor should be available for expert advice and support of personnel doing this work as well as quality control.

Rehabilitation Guidelines:
a. Pick up and remove all flagging, litter and equipment. Dispose of trash appropriately. b. Clean fire pit of unburned materials and fill back in. c. Discourage use of newly established foot trails created during the suppression effort by covering with brush, limbs, small diameter poles, and rotten logs in a naturally appearing arrangement.
d. Replace dug -out soil and/ or duff, and obliterate any berms created during suppression.
e. If impacted trails have developed on slopes greater that 6%, construct water bars according to the following spacing guide:

FIRE
LINE

EROSION HAZARD RATING FOR AREA
Assume very high is not available)
Percent Low Medium High Very High
1- 6 400 ft. 350 ft. 300 ft. 250 ft.
7- 9 300 ft. 250 ft. 200 ft. 150 ft.
10- 14 200 ft. 175 ft. 150 ft. 125 ft.
15- 20 150 ft. 120 ft. 90 ft. 60 ft.
21- 40 90 ft. 70 ft. 50 ft. 30 ft.
41- 60 50 ft. 40 ft. 25 ft. 15 ft.

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Fire Protection Agreement City of Highland
California Desert District- BLM
Dozer lines and hand lines:

A. Pull dozer berms back onto the control lines.

B. Waterbars will be constructed when needed. The table above provides recommended spacing for these structures. As a rule of thumb, construct waterbars at an angle of approximately 5 degrees greater than the slope angle.

C. Reshape the control line to match the natural contour of the terrain where major disturbance has taken place. Be sure to maintain natural drainage patterns across lines.

D. If seeding is needed, use only locally collected native seed.

E. Consider using existing seed in native topsoil displaced in dozer berms to provide future plant coverage.

F. Where soil has been exposed and compacted, such as in camps, trails, helispots, and staging areas, scarify the top 2- 4 inches and spread cut brush over the barren area.

G. Where trees were cut or limbed, cut stumps flush with ground level and scatter limbs out of sight in the unburned area.

H. Remove newly cut tree boles that are visible from trails or meadows. Drag other highly visible woody debris created during the suppression effort into timbered areas and disperse.

Tree boles that are too large to move should be slant cut so a minimal amount of the cut surface is exposed to view.

I. Leave tops of felled trees attached. This will appear more natural than scattering the debris.

J. Break down dams where they have been used as fill sites and return area to natural conditions. Replace any displaced rocks or stream bed material that has been moved.

K. Walk through adjacent area and evaluate your rehab effort to determine additional needs.

Source: Border Agency Fire Council - Natural Resources Protection Guidebook for Fire Management and Law Enforcement Officers, June 1998.

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Fire Protection Agreement City of Highland
California Desert District - BLM
EXHIBIT E- 4

INTERAGENCY POLICY FOR AERIAL AND GROUND DELIVERY

OF WILDLAND FIRE CHEMICALS NEAR WATERWAYS AND

OTHER AVOIDANCE AREA
This policy is an expansion and update for the 2000 and 2009 updated Guidelines for Aerial Delivery of all wildland fire chemicals, including retardant, foam, and water enhancers, which were established and approved by the Department of the Interior DOI). The policy includes additional avoidance areas ( both aquatic and terrestrial) for aerial delivery of fire chemicals as designated by individual agencies.

This policy does not require the helicopter or airtanker pilot -in -command to fly in such a way as to endanger his or her aircraft, other aircraft, or structures or compromise ground personnel safety.

Aerial Delivery Policy:

Avoid aerial application of all wildland fire chemicals within 300 feet ( ft.) of waterways.

Additional mapped avoidance areas may be designated by individual agency.

Ground Delivery Policy:

Avoid application of all wildland fire chemicals into waterways or mapped avoidance Definition of Waterway:

Any body of water ( including lakes, rivers, streams, and ponds) whether or not it contains aquatic life.

Definition of Waterway Buffer:
300 ft. distance on either side of a waterway
Guidance for pilots:

Pilots will avoid all waterways and additional mapped avoidance areas designated by individual agencies. To meet the 300 ft. waterway buffer zone or additional mapped avoidance areas guideline, implement the following:

All Aircraft: When approaching a waterway or other avoidance areas, the pilot shall terminate application of wildland fire chemical approximately 300 ft. before reaching the area. When flying over a waterway, the pilot shall not begin

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Fire Protection Agreement City of Highland
California Desert District - BLM
application of wildland fire chemical until 300 ft. after crossing the far bank or shore. The pilot shall make adjustments for airspeed and ambient conditions such as wind to avoid the application of wildland fire chemicals within the 300 ft. buffer zone. Riparian vegetation may be an indicator of waterways and pilots should confirm to the extent possible that no water is present before dropping.

Exceptions:

When alternative line construction tactics are not available due to terrain constraints, congested area, life and property concerns or lack of ground personnel, it is acceptable to anchor the wildland fire chemical application to the waterway.

When anchoring a wildland fire chemical line to a waterway, use the most accurate method of delivery in order to minimize placement of wildland fire chemical in the waterway ( e. g., a helicopter rather than a heavy airtanker).

Deviations from the policy are acceptable when life or property is threatened, and the use of wildland fire chemical can be reasonably expected to alleviate the threat.

When potential damage to natural resources outweighs possible loss of aquatic life, the unit administrator may approve a deviation from these guidelines.

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Fire Protection Agreement City of Highland
California Desert District - BLM

EXHIBIT F

FREQUENCIES
Highland and BLM agrees to authorize use by the other Party frequencies listed in the current XBO Communications Plan ( see below).

These frequencies will be used for fire/ emergency only within or adjacent to the Parties' responsibility areas.
6- XBO6 BLM/NPS
CH RX TX Tone Label
1 166. 4875 167. 0750 1 CDDFIRE R
2 166. 3750 166. 9750 1
CDDADM
R
3 168. 3000 168. 3000 BLM SOA
4 168. 4875 168. 4875 A/ G 53
5 169. 1125 169. 1125 A/ G 59
6 156. 0750 156. 0750 CALCORD
7 154. 0325 151. 4750 BDC V4 R
8 154. 2950 154. 2950 6 VFIRE23
9 154. 2725 154. 2725 6 VFIRE24
10 154. 2875 154. 2875 6 VFIRE25
11 154. 3025 154. 3025 6 VFIRE26
12 172. 5000 166. 2750 12 JTP BELR
13 171. 6750 166. 2750 13 JTP ONXR
14 170. 1000 169. 5500 DVP R
15 169. 9875 164. 0875 MNP R
16 168. 6250 168. 6250 1 AIRGUARD

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Fire Protection Agreement City of Highland
California Desert District - BLM

EXHIBIT G

HIGHLAND FIRE DEPARTMENT

CONTACTS

HEADQUARTERS OFFICE
26974 Base Line
Highland, CA 92346 ( 909) 862- 3031
Office Cell
Name Radio Phone Phone Email
Shane 909) 881- 951) -
Littlefield Chief 6999 314- 0402 Shane. littlefield@fire. ca. gov Deputy 909) 881- 909) 253-
Ron Janssen Chief 6959 8114 [email protected]
Sean Battalion 909) 909) 680-
Landavazo Chief 862- 3031 9526 Sean. landavazo@fire. ca. gov

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Fire Protection Agreement City of Highland
California Desert District - BLM

EXHIBIT H
BUREAU of LAND MANAGEMENT

CONTACTS

HEADQUARTERS OFFICE
4955 Canyon Crest Drive
Name
Radio
Identifier
Office
Phone Cell Phone Location Email
Paul Gibbs
Chief
7100 NA 951- 903- 4135 Riverside pgibbs@blm. gov
Freddie
Espinoza
Chief
7101 NA 951- 903- 4137 Riverside [email protected]
Ray Ucha DV 7106 NA 951- 903- 4136 Lancaster rucha@blm. gov James
Gannon DV 7102 NA 951- 903- 4141 Riverside [email protected] Andrea
LannenLittlefield DV 7105
951- 382-
2917 951- 269- 9021
San
Bernardino
FICC/ ECC alannenlittlefield@b1m. gov
Vacant DV 7104
760- 367-
3041 760- 221- 5801 Yucca Valley
James
Aragon DV 7103
760- 252-
6008 951- 903- 4139 Apple Valley jparagon@blm. gov
Jason
Winbigler BC 7120
760- 219-
5417 951- 903- 4140 El Cajon [email protected]
Mitch
Silvester BC 7124 NA 760- 499- 9449 Riverside ssilvester@blm. gov Robert
Giovannetti BC 7121 NA 951- 567- 1650 Riverside rgiovann@blm. gov Garth Crow BC 7122 NA 760- 628- 4422 Riverside
Eric
Downard BC 7125
760- 240-
8538 760- 718- 8048 Apple Valley edownard@blm. gov

Page 43 of 43 ends

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STAFF REPORT
DATE:

FROM:

PREPARED BY:

SUBJECT:

TO THE CITY COUNCIL
August 9, 2022
Joseph Hughes, City Manager
Carlos Zamano, Public Works Director/ City Engineer eit/ Cooperative Agreement with Caltrans for Victoria Avenue Interchange/ Project No. ich17006
RECOMMENDATION: It is recommended that that the City Council:

1. Approve a Cooperative Agreement with Caltrans for Implementation of the Project Approval/ Environmental Document ( PA/ ED) Phase of the SR- 210 Interchange; and

2. Authorize the Mayor to sign the Cooperative Agreement.

FISCAL IMPACT: The project cost will. be funded as follows:

San Manuel $ 2, 650, 000. 00 (Memorandum of 'Understanding) City of Highland 1, 287, 866. 84
3,937,866.84
The City' s Project costs will be limited to $ 1, 287,866.84 plus any interest incurred from the Indian Gaming Special Distribution Funds.

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 intends to construct a new interchange at SR- 210/ Victoria Avenue which will relieve traffic congestion at the existing interchange at SR-210/Highland Avenue/Arden Avenue and along Highland Avenue east of the existing interchange. To move this project forward, it is necessary for City to enter into a Cooperative Agreement with Caltrans to initiate the PA/ ED Phase. Caltrans will serve as lead agency and provide Project oversight.

Approved Motion Second Agenda Item No.

Denied Ayes
Continued Noes File No.

Tabled Abstain
Absent
3 1
City Clerk — City Manag
-1-
Yuhaaviatum of San Manuel, formerly known as San Manuel Band of Mission Indians ( San Manuel) and the City have agreed to enter into a Memorandum of Understanding for the City to serve as sponsor and implementing agency with Caltrans for managing the scope, cost, schedule and quality of work for preparation of the PA/ ED Phase.

This is a HP priority item in the 2021/ 2022 Work Program. The Cooperative Agreement with Caltrans has been reviewed by the City Attorney. Staff recommends approval of the Cooperative Agreement with Caltrans to complete PA/ ED Phase of the Project.

Attachments: Location Map
Cooperative Agreement
-2-
o . Q 9 ' Miss
Existing
Highland Ave. Interchange
Proposed
Victoria Ave. Interchang

LOCATION MAP
-3-
Agreement 08- 1751
Project No. 0800000495
EA 0M730
08- SBD- 210- 26/ 28. 1

COOPERATIVE AGREEMENT COVER SHEET
Work Description
STUDY ALTERNATIVES IDENTIFIED IN THE PSR APPROVED ON APRIL 26, 2011 AND

ALTERNATIVES IDENTIFIED IN THE FEASIBILITY STUDY REPORT PREPARED IN 2014. ADDITIONAL ALTERNATIVES MAY BE DEVELOPED TO MEET CURRENT STATE

AND REGIONAL AGENCIES' GOALS FOR THE IMPROVEMENTS TO THE STATE ROUTE 210 ( SR-210) VICTORIA AVENUE/ HIGHLAND AVENUE CORRIDOR AND/OR A POSSIBLE NEW INTERCHANGE ON SR- 210 AT VICTORIA AVENUE. THE SELECTED ALTERNATIVES WILL COMPLY WITH SB- 743.

Contact Information

CALTRANS
Ahmed Ghonim, Project Manager
464 West 4th Street
San Bernardino, CA 92401
Mobile Phone: ( 909) 665- 3564
Email: ahmed. ghonim@dot. ca.gov

CITY OF HIGHLAND
Carlos Zamano, City Engineer
27215 Base Line
Highland, CA 92341
Office Phone: ( 909) 864- 8732, ext. 254
Email: czamano@cityofhighland. org
-4-
Cover Sheet AGREEMENT 08- 1751
Project No. 0800000495
Table of Contents
COOPERATIVE AGREEMENT 1
RECITALS 1
RESPONSIBILITIES 3
Sponsorship 3
Implementing Agency 3
Funding 3
CALTRANS' Quality Management 4
CEQA/ NEPA Lead Agency Error! Bookmark not defined.

Environmental Permits, Approvals and Agreements 5
Project Approval and Environmental Document ( PA& ED) 5 California Environmental Quality Act ( CEQA) 6
National Environmental Policy Act ( NEPA) 8
Schedule 9
Additional Provisions 10
Standards 10
Qualifications 10
Consultant Selection 10
Encroachment Permits 10
Protected Resources 11
Disclosures 11
Hazardous Materials 11
Claims 12
Interruption of Work 13
Penalties, Judgements and Settlements 13
Project Files 14
GENERAL CONDITIONS 14
Venue 14
Exemptions 14
Indemnification 14
Non- parties 15
Ambiguity and Performance 15
Defaults 15
Dispute Resolution 16
-5-
Cover Sheet AGREEMENT 08- 1751
Project No. 0800000495
Prevailing Wage 16
SIGNATURES 18
-6-
Agreement 08- 1751
Project No. 0800000495
EA 0M730
08- SBD- 210- 26/ 28. 1

COOPERATIVE AGREEMENT
This AGREEMENT, executed on and effective from , is
between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and:

City of Highland, a municipal corporation, referred to hereinafter as CITY.

An individual signatory agency in this AGREEMENT is referred to as a PARTY. Collectively, the signatory agencies in this AGREEMENT are referred to as PARTIES.

RECITALS

1. PARTIES are authorized to enter into a cooperative agreement for improvements to the State Highway System per the California Streets and Highways Code, Sections 114 and 130.

2. For the purpose of this AGREEMENT, study alternatives identified in the Project Study Report approved on April 26, 2011 and alternatives identified in the feasibility study report prepared in 2014. Additional alternatives may be developed to meet current state and regional agencies' goals for the improvements to the State Route 210 (SR- 210) Victoria Avenue/Highland Avenue corridor and/or a possible new interchange on SR- 210 at Victoria Avenue. The selected alternatives will comply with SB- 743 and will be referred to hereinafter as PROJECT. The PROJECT scope of work is defined in the project initiation and approval documents (e.g.

Project Study Report, Design Engineering Evaluation Report, Feasibility Study Report, and Project Report).

3. All obligations and responsibilities assigned in this AGREEMENT to complete the following PROJECT COMPONENT will be referred to hereinafter as WORK:

PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT (PA& ED)
Each PROJECT COMPONENT is defined in the CALTRANS Workplan Standards Guide as a distinct group of activities/products in the project planning and development process. 1 of 18
-7-
Agreement 08- 1751
Project No. 0800000495

4. The term AGREEMENT, as used herein, includes this document and any attachments, exhibits, and amendments.

This AGREEMENT is separate from and does not modify or replace any other cooperative agreement or memorandum of understanding between the PARTIES regarding the PROJECT.

PARTIES intend this AGREEMENT to be their final expression that supersedes any oral understanding or writings pertaining to the WORK. The requirements of this AGREEMENT will preside over any conflicting requirements in any documents that are made an express part of this AGREEMENT.

If any provisions in this AGREEMENT are found by a court of competent jurisdiction to be, or are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other AGREEMENT provisions invalid, inoperative, or unenforceable, and those provisions will be automatically severed from this AGREEMENT.

Except as otherwise provided in the AGREEMENT, PARTIES will execute a written amendment ifthere are any changes to the terms of this AGREEMENT.

PARTIES agree to sign a CLOSURE STATEMENT to terminate this AGREEMENT.

However, all indemnification, document retention, audit, claims, environmental commitment, legal challenge, maintenance and ownership articles will remain in effect until terminated or modified in writing by mutual agreement or expire by the statute of limitations.

5. The following work associated with this PROJECT has been completed or is in progress:

CITY completed the Project Initiation Document on April 26, 2011.

SBCTA Feasibility Study

6. In this AGREEMENT capitalized words represent defined terms, initialisms, or acronyms.

7. PARTIES hereby set forth the terms, covenants, and conditions of this AGREEMENT. 2 of 18
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RESPONSIBILITIES
Sponsorship

8. A SPONSOR is responsible for establishing the scope of the PROJECT and securing the financial resources to fund the WORK. A SPONSOR is responsible for securing additional funds when necessary or implementing PROJECT changes to ensure the WORK can be completed with the funds obligated in this AGREEMENT.

PROJECT changes, as described in the CALTRANS Project Development Procedures Manual, will be approved by CALTRANS as the owner/ operator of the State Highway System.

9. City is the SPONSOR for the WORK in this AGREEMENT.

Implementing Agency

10. The IMPLEMENTING AGENCY is the PARTY responsible for managing the scope, cost, schedule, and quality of the work activities and products of a PROJECT COMPONENT.

CITY is the Project Approval and Environmental Document (PA& ED) IMPLEMENTING AGENCY.

PA& ED includes the completion ofthe Final Environmental Document and the Project Report ( documenting the project alternative selection).

11. CITY will provide a Quality Management Plan ( QMP) for the WORK in every PROJECT COMPONENT that they are the IMPLEMENTING AGENCY of. The QMP describes the IMPLEMENTING AGENCY' s quality policy and how it will be used. The QMP will include a process for resolving disputes between the PARTIES at the team level. The QMP is subject to CALTRANS review and approval.

12. Any PARTY responsible for completing WORK will make its personnel and consultants that prepare WORK available to help resolve WORK -related problems and changes for the entire duration of the PROJECT including PROJECT work that may occur under separate agreements.

Funding

13. The WORK does not use funds administered by CALTRANS. PARTIES will amend this AGREEMENT should this condition change.

14. Each PARTY is responsible for the costs they incur in performing the WORK. 3 of 18
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CALTRANS' Quality Management

15. CALTRANS, as the owner/ operator of the State Highway System ( SHS), will perform quality management work including Quality Management Assessment ( QMA), environmental document quality control, and owner/operator approvals for the portions of WORK within the existing and proposed SHS right-of-way.

16. CALTRANS' Quality Management Assessment ( QMA) efforts are to ensure that City' s quality assurance results in WORK that is in accordance with the applicable standards and the PROJECT' s quality management plan (QMP). QMA does not include any efforts necessary to develop or deliver WORK or any validation by verifying or rechecking WORK.

When CALTRANS performs QMA, it does so for its own benefit. No one can assign liability to CALTRANS due to its QMA.

17. CALTRANS, as the owner/ operator of the State Highway System, will approve WORK products in accordance with CALTRANS policies and guidance and as indicated in this AGREEMENT.

18. Per National Environmental Policy Act (NEPA) assignment and California Environmental Quality Act ( CEQA) statutes, CALTRANS will perform environmental document quality control and NEPA assignment review procedures for environmental documentation.

CALTRANS quality control and quality assurance procedures for all environmental documents are described in the NEPA Assignments memorandums, available at https:// dot. ca. gov/- media/dot-media/programs/environmental-analysis/documents/ ser/nepa-recordretentionpolicy-final-ally.pdf. This also includes the independent judgement analysis and determination under CEQA that the environmental documentation meets CEQA requirements.

19. CITY will provide WORK -related products and supporting documentation upon CALTRANS' request for the purpose of CALTRANS' quality management work.

20. CITY, including any employee, agent, consultant or sub -consultant retained by the CITY, shall implement uniform document control policies necessary to retain all records and electronically stored information associated with the WORK, including but not limited to those records identified in California Public Resources Code, Section 21167.6, and including email and attachments, in a manner consistent with the CALTRANS Uniform Filing System and the Final Caltrans Environmental Records Retention Policy", available at https:// dot.ca.gov/- media/ dot-media/programs/environmental-analysis/documents/nepa-recordretention-policyfinal- al l y.pdf. These records, along with an index of the records, shall be provided to CALTRANS within 60 days of CALTRANS' written request.

21. The cost ofCALTRANS' quality management work is to be borne by CALTRANS. 4of18
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22. CALTRANS is the CEQA Lead Agency for the PROJECT.

23. CALTRANS is the NEPA Lead Agency for the PROJECT.

Environmental Permits, Approvals and Agreements

24. CITY will comply with the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements as those commitments and conditions apply to City' s responsibilities in this AGREEMENT.

25. Unless otherwise assigned in this AGREEMENT, the IMPLEMENTING AGENCY for a PROJECT COMPONENT is responsible for all PROJECT COMPONENT WORK associated with coordinating, obtaining, implementing, renewing, and amending the PROJECT permits, agreements, and approvals whether they are identified in the planned project scope of work or become necessary in the course of completing the PROJECT.

26. It is expected that the PROJECT requires the following environmental permits/ approvals:

ENVIRONMENTAL PERMITS/ REQUIREMENTS
404, US Army Corps of Engineers
401, Regional Water Quality Control Board
2081, Incidental Take Permit
National Pollutant Discharge Elimination System ( NPDES), State Water Resources Control Board
Project Approval and Environmental Document ( PA& ED)

27. As the PA& ED IMPLEMENTING AGENCY, CITY is responsible for all PA& ED WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.
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28. CALTRANS will be responsible for completing the following PA& ED activities:

CALTRANS Work Breakdown Structure Identifier (IfApplicable) 100. 10. 10. xx Quality Management
165. 15. 15. xx Section 7 Consultation
165. 25. 25 Approval to Circulate Resolution
175. 20 Project Preferred Alternative
180. 10. 05. 05.xx CEQA Lead Final Env. Doc QA/ QC and Approval 180. 10. 05. 45 Section 7 Consultation
180. 15. 05 Record of Decision (NEPA)
180. 15. 10 Notice of Determination ( CEQA)

29. Any PARTY preparing environmental documentation, including studies and reports, will ensure that qualified personnel remain available to help resolve environmental issues and perform any necessary work to ensure that the PROJECT remains in environmental compliance.

30. CITY will provide written notice of the initiation of environmental studies to the CEQA and NEPA Lead Agencies prior to completing any other PA& ED phase work.

California Environmental Quality Act (CEQA2

31. Environmental documentation will be prepared in compliance with the California Public Resources Code §§ 21080. 3. 1( d)( e). CALTRANS will provide, and CITY will use, a letter template and a list of California Native American tribes requesting notification. CITY will prepare consultation documentation for CALTRANS' signature and transmittal in compliance with the statutorily required time frames.

32. The CEQA Lead Agency will determine the type of CEQA documentation and will cause that documentation to be prepared in accordance with CEQA requirements. 6 of 18
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33. Any PARTY involved in the preparation of CEQA documentation will prepare the documentation to meet CEQA requirements and follow the CEQA Lead Agency' s standards that apply to the CEQA process.

34. Any PARTY preparing any portion of the CEQA-documentation, including any studies and reports, will submit that portion of the documentation to the CEQA Lead Agency for review, comment, and approval at appropriate stages of development prior to public availability.

35. CITY will submit CEQA-related public notices to CALTRANS for review, comment, and approval prior to publication and circulation.

36. CITY will submit all CEQA- related public meeting materials to the CEQA Lead Agency for review, comment, and approval at least ten ( 10) working days prior to the public meeting date.

If the CEQA Lead Agency makes any changes to the materials, then the CEQA Lead Agency will allow CITY to review, comment, and concur on those changes at least three ( 3) working days prior to the public meeting date. The CEQA Lead Agency has final approval authority over all CEQA documentation.

37. The CEQA Lead Agency will attend all CEQA-related public meetings.

38. If a PARTY who is not the CEQA Lead Agency holds a public meeting about the PROJECT, that PARTY must clearly state its role in the PROJECT and the identity of the CEQA Lead Agency on all meeting publications. All meeting publications must also inform the attendees that public comments collected at the meetings are not part of the CEQA public review process.

That PARTY will submit all meeting advertisements, agendas, exhibits, handouts, and materials to the CEQA Lead Agency for review, comment, and approval at least ten ( 10) working days prior to publication or use. Ifthat PARTY makes any changes to the materials, it will allow the CEQA Lead Agency to review, comment on, and approve those changes at least three ( 3) working days prior to the public meeting date.

The CEQA Lead Agency maintains final editorial control with respect to text or graphics that could lead to public confusion over CEQA- related roles and responsibilities. 7 of 18
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National Environmental Policy Act (NEPA2

39. Pursuant to Chapter 3 of Title 23, United States Code, Sections 326 and 327, CALTRANS is the NEPA Lead Agency for the PROJECT. CALTRANS is responsible for NEPA compliance, will determine the type of NEPA documentation, and will cause that documentation to be prepared in accordance with NEPA requirements.

CALTRANS, as the NEPA Lead Agency for PROJECT, is responsible for the review, comment, and approval of all environmental documentation ( including, but not limited to, studies, reports, public notices, and public meeting materials, determinations, administrative drafts, and final environmental documents) at appropriate stages of development prior to approval and public availability.

When required as NEPA Lead Agency, CALTRANS will conduct consultation and coordination and obtain, renew, or amend approvals pursuant to the Federal Endangered Species Act, and Essential Fish Habitat.

When required as NEPA Lead Agency, CALTRANS will conduct consultation and coordination approvals pursuant to Section 106 ofthe National Historic Preservation Act.

40. Any PARTY involved in the preparation of NEPA documentation will follow FHWA and CALTRANS standards that apply to the NEPA process including, but not limited to, the guidance provided in the FHWA Environmental Guidebook ( available at http:// environment. fhwa. dot. gov/ index. asp) and the CALTRANS Standard Environmental Reference.

41. Any PARTY preparing any portion of the NEPA documentation ( including, but not limited to, studies, reports, public notices, and public meeting materials, determinations, administrative drafts, and final environmental documents) will submit that portion of the documentation to CALTRANS for CALTRANS' review, comment, and approval prior to public availability.

42. CITY will prepare, publicize, and circulate all NEPA- related public notices, except Federal Register notices. CITY will submit all notices to CALTRANS for CALTRANS' review, comment, and approval prior to publication and circulation.

CALTRANS will work with the appropriate federal agency to publish notices in the Federal Register.

43. The NEPA Lead Agency will attend all NEPA-related public meetings.

44. CITY will submit all NEPA- related public meeting materials to CALTRANS for CALTRANS' review, comment, and approval at least ten ( 10) working days prior to the public meeting date. 8 of 18
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45. If a PARTY who is not the NEPA Lead Agency holds a public meeting about the PROJECT, that PARTY must clearly state its role in the PROJECT and the identity of the NEPA Lead Agency on all meeting publications. All meeting publications must also inform the attendees that public comments collected at the meetings are not part of the NEPA public review process.

That PARTY will submit all meeting advertisements, agendas, exhibits, handouts, and materials to the NEPA Lead Agency for review, comment, and approval at least ten ( 10) working days prior to publication or use. If that PARTY makes any changes to the materials, it will allow the NEPA Lead Agency to review, comment on, and approve those changes at least three ( 3) working days prior to the public meeting date.

The NEPA Lead Agency has final approval authority with respect to text or graphics that could lead to public confusion over NEPA- related roles and responsibilities.

46. CITY will ensure that the PROJECT is included in the approved Federal Statewide Transportation Improvement Program ( FSTIP) prior to the NEPA Lead Agency' s approval of the environmental document.

Schedule

47. PARTIES will manage the WORK schedule to ensure the timely use of obligated funds and to ensure compliance with any environmental permits, right- of-way agreements, construction contracts, and any other commitments. PARTIES will communicate schedule risks or changes as soon as they are identified and will actively manage and mitigate schedule risks. 9of18
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Additional Provisions
Standards

48. PARTIES will perform all WORK in accordance with federal and California laws, regulations, and standards; Federal Highway Administration (FHWA) standards; and CALTRANS standards. CALTRANS standards include, but are not limited to, the guidance provided in the:

CADD Users Manual
CALTRANS policies and directives
Plans Preparation Manual
Project Development Procedures Manual (PDPM)
Workplan Standards Guide
Standard Environmental Reference
Highway Design Manual
Qualifications

49. Each PARTY will ensure that personnel participating in WORK are appropriately qualified or licensed to perform the tasks assigned to them.

Consultant Selection

50. A consultant has been selected via a Request for Proposals process and based on their qualifications to provide PA& ED services. These PA& ED services will be paid using 100% of local funds.

Encroachment Permits

51. CALTRANS will issue, upon proper application, the encroachment permits required for WORK within State Highway System ( SHS) right- of-way. CITY, their contractors, consultants, agents and utility owners will not work within the SHS right-of-way without an encroachment permit issued in their name. CALTRANS will provide encroachment permits to CITY, their contractors, consultants, and agents at no cost. CALTRANS will provide encroachment permits to utility owners at no cost. Ifthe encroachment permit and this AGREEMENT conflict, the requirements of this AGREEMENT will prevail. 10 of 18
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52. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate, prepare, obtain, implement, renew, and amend any encroachment permits needed to complete the WORK.

Protected Resources

53. If any PARTY discovers unanticipated cultural, archaeological, paleontological, or other protected resources during WORK, all WORK in that area will stop and that PARTY will notify all PARTIES within 24 hours of discovery. WORK may only resume after a qualified professional has evaluated the nature and significance of the discovery and CALTRANS approves a plan for its removal or protection.

Disclosures

54. PARTIES will hold all administrative drafts and administrative final reports, studies, materials, and documentation relied upon, produced, created, or utilized for the WORK in confidence to the extent permitted by law and where applicable, the provisions of California Government Code, Section 6254. 5( e) will protect the confidentiality of such documents in the event that said documents are shared between PARTIES.

PARTIES will not distribute, release, or share said documents with anyone other than employees, agents, and consultants who require access to complete the WORK without the written consent ofthe PARTY authorized to release them, unless required or authorized to do so by law.

55. If a PARTY receives a public records request pertaining to the WORK, that PARTY will notify PARTIES within five ( 5) working days of receipt and make PARTIES aware of any disclosed public records.

Hazardous Materials

56. HM- 1 is hazardous material ( including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law, irrespective of whether it is disturbed by the PROJECT or not.

HM- 2 is hazardous material ( including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only if disturbed by the PROJECT.

The management activities related to HM- 1 and HM-2, including and without limitation, any necessary manifest requirements and disposal facility designations are referred to herein as HM- 1 MANAGEMENT and HM- 2 MANAGEMENT respectively.
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57. If HM- 1 or HM-2 is found the discovering PARTY will immediately notify all other PARTIES.

58. CALTRANS, independent of the PROJECT, is responsible for any HM- 1 found within the existing State Highway System right-of-way. CALTRANS will undertake, or cause to be undertaken, HM- 1 MANAGEMENT with minimum impact to the PROJECT schedule.

CALTRANS, independent of the PROJECT will pay, or cause to be paid, the cost of HM- 1 MANAGEMENT related to HM- 1 found within the existing State Highway System right- ofway.

59. CITY, independent of the PROJECT, is responsible for any HM- 1 found within the PROJECT limits and outside the existing State Highway System right-of-way. CITY will undertake, or cause to be undertaken, HM- 1 MANAGEMENT with minimum impact to the PROJECT schedule.

CITY, independent of the PROJECT, will pay, or cause to be paid, the cost ofHM- 1 MANAGEMENT for HM- 1 found within the PROJECT limits and outside of the existing State Highway System right-of-way.

60. The CONSTRUCTION IMPLEMENTING AGENCY is responsible for HM- 2 MANAGEMENT within the PROJECT limits.

CITY and CALTRANS will comply with the Soil Management Agreement for Aerially Deposited Lead Contaminated Soils ( Soil Management Agreement) executed between CALTRANS and the California Department of Toxic Substances Control ( DTSC). Under Section 3. 2 of the Soil Management Agreement, CALTRANS and CITY each retain joint and severable liability for noncompliance with the provisions of the Soil Management Agreement.

CITY will assume all responsibilities assigned to CALTRANS in the Soil Management Agreement during PROJECT COMPONENTS for which they are the IMPLEMENTING AGENCY except for final placement and burial of soil within the State right-of-way, per Section 4. 5 ofthe Soil Management Agreement, which is subject to CALTRANS concurrence and reporting to DTSC which will be performed by CALTRANS.

61. CALTRANS' acquisition or acceptance of title to any property on which any HM- 1 or HM-2 is found will proceed in accordance with CALTRANS' policy on such acquisition.

Claims

62. CITY may accept, reject, compromise, settle, or litigate claims of any consultants or contractors hired to complete WORK without concurrence from the other PARTY. 12 of 18
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63. PARTIES will confer on any claim that may affect the WORK or PARTIES' liability or responsibility under this AGREEMENT in order to retain resolution possibilities for potential future claims. No PARTY will prejudice the rights of another PARTY until after PARTIES confer on the claim.

64. If the WORK expends state or federal funds, each PARTY will comply with the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards of 2 CFR, Part 200, and the PARTIES will ensure that any for -profit consultant hired to participate in the WORK will comply with the requirements in 48 CFR, Chapter 1, Part 31.

When state or federal funds are expended on the WORK these principles and requirements apply to all funding types included in this AGREEMENT.

65. Ifthe WORK expends state or federal funds, each PARTY will undergo an annual audit in accordance with the Single Audit Act in the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as defined in 2 CFR, Part 200.

66. When a PARTY reimburses a consultant for WORK with state or federal funds, the procurement of the consultant and the consultant overhead costs will be in accordance with the Local Assistance Procedures Manual, Chapter 10.

Interruption of Work

67. If WORK stops for any reason, IMPLEMENTING AGENCY will place the PROJECT rightof-way in a safe and operable condition acceptable to CALTRANS.

68. If WORK stops for any reason, each PARTY will continue with environmental commitments included in the environmental documentation, permits, agreements, or approvals that are in effect at the time that WORK stops, and will keep the PROJECT in environmental compliance until WORK resumes.

Penalties, Judgements and Settlements

69. The cost of awards, judgements, fines, interest, penalties, attorney' s fees, and/ or settlements generated by the WORK are considered WORK costs.

70. The cost of legal challenges to the environmental process or documentation are considered WORK costs.

71. Any PARTY whose action or lack of action causes the levy of fines, interest, or penalties will indemnify and hold all other PARTIES harmless per the terms of this AGREEMENT. 13 of 18
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Project Files

72. CITY will furnish CALTRANS with the Project History Files related to the PROJECT facilities on State Highway System within sixty ( 60) days following the completion of each PROJECT COMPONENT. CITY will assure that the Project History File is prepared and submitted in compliance with the Project Development Procedures Manual, Chapter 7. All material will be submitted neatly in a three-ring binder and in PDF format.

GENERAL CONDITIONS

73. All portions of this AGREEMENT, including the Recitals Section, are enforceable.

Venue

74. PARTIES understand that this AGREEMENT is in accordance with and governed by the Constitution and laws of the State of California. This AGREEMENT will be enforceable in the State of California. Any PARTY initiating legal action arising from this AGREEMENT will file and maintain that legal action in the Superior Court of the county in which the CALTRANS district office that is signatory to this AGREEMENT resides, or in the Superior Court of the county in which the PROJECT is physically located.

Exemptions

75. All CALTRANS' obligations under this AGREEMENT are subject to the appropriation of resources by the Legislature, the State Budget Act authority, programming and allocation of funds by the California Transportation Commission (CTC).

Indemnification

76. Neither CALTRANS nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub -contractors, and/ or its agents under or in connection with any work, authority, or jurisdiction conferred upon CITY under this AGREEMENT. It is understood and agreed that CITY, to the extent permitted by law, will defend, indemnify, and save harmless CALTRANS and all of their officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub -contractors, and/ or its agents under this AGREEMENT.
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77. Neither CITY nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub -contractors, and/ or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save harmless CITY and all of their officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub -contractors, and/or its agents under this AGREEMENT.

Non- parties

78. PARTIES do not intend this AGREEMENT to create a third party beneficiary or define duties, obligations, or rights for entities not signatory to this AGREEMENT. PARTIES do not intend this AGREEMENT to affect their legal liability by imposing any standard of care for fulfilling the WORK different from the standards imposed by law.

79. PARTIES will not assign or attempt to assign obligations to entities not signatory to this AGREEMENT without an amendment to this AGREEMENT.

Ambiguity and Performance

80. Neither PARTY will interpret any ambiguity contained in this AGREEMENT against the other PARTY. PARTIES waive the provisions of California Civil Code, Section 1654.

A waiver of a PARTY' s performance under this AGREEMENT will not constitute a continuous waiver of any other provision.

81. A delay or omission to exercise a right or power due to a default does not negate the use of that right or power in the future when deemed necessary.

Defaults

82. If any PARTY defaults in its performance of the WORK, a non -defaulting PARTY will request in writing that the default be remedied within thirty ( 30) calendar days. If the defaulting PARTY fails to do so, the non -defaulting PARTY may initiate dispute resolution. 15 of 18
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Dispute Resolution

83. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level as described in the Quality Management Plan. If they cannot resolve the dispute themselves, the CALTRANS District Director and the Executive Officer of CITY will attempt to negotiate a resolution. If PARTIES do not reach a resolution, PARTIES' legal counsel will initiate mediation. PARTIES agree to participate in mediation in good faith and will share equally in its costs.

Neither the dispute nor the mediation process relieves PARTIES from full and timely performance of the WORK in accordance with the terms of this AGREEMENT. However, if any PARTY stops fulfilling its obligations, any other PARTY may seek equitable relief to ensure that the WORK continues.

Except for equitable relief, no PARTY may file a civil complaint until after mediation, or forty- five ( 45) calendar days after filing the written mediation request, whichever occurs first.

PARTIES will file any civil complaints in the Superior Court of the county in which the CALTRANS District Office signatory to this AGREEMENT resides or in the Superior Court of the county in which the PROJECT is physically located.

84. PARTIES maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution.

Prevailing Wage

85. When WORK falls within the Labor Code § 1720( a)( 1) definition of "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code § 1771, PARTIES will conform to the provisions of Labor Code §§ 1720- 1815, and all applicable provisions of California Code of Regulations, Title 8, Division 1, Chapter 8, Subchapter 3, Articles 1- 7. PARTIES will include prevailing wage requirements in contracts for public work and require contractors to include the same prevailing wage requirements in all subcontracts.

Work performed by a PARTY' s own employees is exempt from the Labor Code' s Prevailing Wage requirements.

If WORK is paid for, in whole or part, with federal funds and is of the type of work subject to federal prevailing wage requirements, PARTIES will conform to the provisions of the Davis - Bacon and Related Acts, 40 U.S. C. §§ 3141- 3148.
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When applicable, PARTIES will include federal prevailing wage requirements in contracts for public works. WORK performed by a PARTY' s employees is exempt from federal prevailing wage requirements.
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SIGNATURES
PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf ofthe respective agencies and hereby covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically.

The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
Diane Morales
Acting District Director
Verification of funds and authority:

Corina Harriman
District Budget Manager

CITY OF HIGHLAND
Larry McCallon
Mayor
Attest:

Betty Hughes
City Clerk
Approved as to form and procedure:

Maricela E. Marroquin
City Attorney
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DATE:

FROM:

PREPARED BY:

SUBJECT:

STAFF REPORT

TO THE CITY COUNCIL
August 9, 2022
Joseph Hughes, City Manager
Carlos Zamano, Public Works Director/City Engineer Z
Revised Memorandum of Understanding with Yuhaaviatum of San Manuel Nation/ Victoria Avenue Interchange
RECOMMENDATION: It is recommended that the City Council:

1. Approve the revised Memorandum of Understanding( MOU) with Yuhaaviatum of San Manuel, formerly known as San Manuel Band of Mission Indians ( San Manuel), for Implementation of the Project Approval/ Environmental Document Phase of the Victoria Avenue Interchange Project; and

2. Authorize the Mayor to sign the MOU.

FISCAL IMPACT: The City's costs associated with providing oversight of the Project Approval/ Environmental Documents ( PA/ ED) Phase of the interchange project will be charged to the Indian Gaming Special Distribution Funds ( IGSD) received by the City in 2011. The City placed the IGSD Funds in an escrow account which has been earning interested since 2011. The current IGSD Fund balance is $1, 287, 866. 84. The City will retain 278, 866.84 plus earned interest to cover its costs fo'r serving as the sponsor and implementing agency with Caltrans on the PA/ ED Phase of this project. The remaining balance of $1, 000, 000 will be paid to San Manuel, on a reimbursement basis, for preparation of the PA/ ED.

San Manuel has agreed to be responsible for Project cost to up to but not exceeding 2, 650, 000. The City' s Project costs shall be limited to $ 1, 287, 866.84, plus any interest incurred thereon. If the Project exceeds the estimated budget allocated by the City and San Manuel, the parties will meet to determine if the Project will proceed and how it will be funded.

Approved Motion Second Agenda Item No. / 3
Denied Ayes
Continued Noes File No.

Tabled Abstain
J3
Absent
t4L
City Clerk
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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 March 10, 2020, the City Council approved a Memorandum of Understanding with San Manuel to serve as the sponsor and implementing agency on the PA/ ED phase for the Victoria Avenue Interchange Project. The Memorandum of Understanding was signed by the Mayor but it was never executed by San Manuel due to staffing changes.

On March 9, 2021, the City Council approved a revised Memorandum of Understanding with San Manuel based on a request by the new staff at San Manuel for the City to contribute a portion of the IGSD Funds toward the PA/ ED phase to San Manuel. However, this Memorandum of Understanding was not executed by both parties.

San Manuel and City staff desire to enter into a Memorandum of Understanding to document among other things, the City serving as sponsor and implementing agency with Caltrans for managing the scope, cost, schedule and quality of work of the Project. Because San Manuel is not recognized as a public agency by Caltrans, if San Manuel served as the sponsor and implementing agency on the PA/ED Phase, Caltrans would charge for all their oversight services on this Project. To avoid this extra Project cost, a Cooperative Agreement between Caltrans and Highland has been prepared for the City to serve as the Project sponsor and implementing agency. This Cooperative Agreement is also on tonight's agenda for City Council consideration and approval.

San Manuel has entered into a contract with Kimley-Horn and Associates, Inc. to provide Professional Environmental and Engineering services to prepare the PA/ ED work. Project Management services are being provided by Willdan, one of the City' s on -call engineering firms, to manage the work being done by Kimley- Horn and Associates, Inc. and provide project administration through Caltrans for environmental clearance.

The Memorandum of Understanding allows either entity to provide 30 days written notice to terminate the Memorandum of Understanding. Section G of the Memorandum of Understanding includes a clause for Early Unilateral Termination that allows the non - terminating entity to provide 15 days written notice that it will proceed with the Project, and the terminating entity would be required to continue to perform under existing contracts for the Project, with the non -terminating entity being responsible for all Project costs incurred after the termination date. The City Council has the discretion to keep this language as is, strikeout it out or request revisions by City staff. City staff does not object to keeping this language as is.

This is a HP priority item in the 2021/ 2022 Work Program. The revised Memorandum of Understanding has been reviewed by the City Attorney, and it is ready for City Council approval.

Attachments: Location Map
Memorandum of Understanding
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o e t Mies
Existing
Highland Ave. Interchange
Proposed 1
Victoria Ave. Interchan

LOCATION MAP
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MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF HIGHLAND AND SAN

MANUEL BAND OF MISSION INDIANS FOR IMPLEMENTATION OF THE

PROJECT APPROVAL/ ENVIRONMENTAL DOCUMENT PHASE OF THE

VICTORIA AVENUE INTERCHANGE PROJECT
This Memorandum of Understanding (" MOU") is made and entered into as of the date ( the Effective Date") the last party executes this MOU by and between City of Highland Highland") and Yuhaaviatam of San Manuel Nation, formerly known as San Manuel Band of Mission Indians (" San Manuel"), hereinafter collectively referred to as " Parties" or individually as a " Party."

RECITALS
WHEREAS, in April 2011, Caltrans completed a Project Study Report/ Project Development Support to evaluate the feasibility of constructing a new interchange within Highland on SR-210 at Victoria Avenue (" Victoria Avenue Interchange"); and WHEREAS, in January 2014, San Bernardino County Transportation Authority, under contract with Highland, completed a Feasibility Study to perform additional traffic operational analysis and alternatives evaluation of the new Victoria Avenue Interchange; and WHEREAS, construction of a new Victoria Avenue Interchange on SR-210 will help relieve traffic congestion on the SR-210 freeway mainline and improve regional traffic circulation; and WHEREAS, the next development phase of the Victoria Avenue Interchange is the Project Approval/ Environmental Document (" PA/ED" and/or " Project"); and WHEREAS, the Project requires review and approval under the National Environmental Policy Act (" NEPA") and the California Environmental Quality Act (" CEQA"); and WHEREAS, Highland will enter into a Cooperative Agreement ( the " Cooperative Agreement") with the California Department of Transportation (" CALTRANS") and serve under such agreement as the Sponsor and Implementing Agency to complete PA/ED phase of the Victoria Avenue Interchange; and
WHEREAS, CALTRANS will serve as lead agency under CEQA and NEPA for the Project under such Cooperative Agreement; and
WHEREAS, the Indian Gaming Local Community Benefit Committee previously allocated 1, 000,000 in Indian Gaming Special Distribution Funds to Highland to be used on the Victoria Avenue Interchange, and Highland paid $ 100, 000 to San Bernardino County Transportation Authority for preparation of the Feasibility Study; and WHEREAS, Highland' s Indian Gaming Special Distribution Fund' s current balance is approximately $ 1, 287, 866. 84 and is continuing to accrue interest (the " IGSD Fund"); and WHEREAS, Highland will retain up to $ 287,866.84 ofthe IGSD Fund and any interest accrued on the IGSD Fund after the Effective Date of this MOU for Project oversight; and

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Highland City CouncilAugust 9, 2022

Highland City Council
August 9, 2022