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
September 13, 2022
6: 00 p. m.
City Hall
Donahue Council Chambers
27215 Base Line
Highland, California
STAFF
Joseph A. Hughes - City Manager
Chuck Dantuono - Director of Administrative Services/City Treasurer Betty Hughes - City Clerk
Lawrence Mainez - Community Development Director
Carlos Zamano - Public Works Director/City Engineer
Maricela Marroquin - City Attorney
MISSION STATEMENT
Highland is dedicated to the betterment of the individual, the family, the neighborhood and the community. The City Council and the staff of Highland are dedicated to providing the quality of public facilities and services that its citizens are willing to fund and will do so as efficiently as possible.
Visit the City's Website at: www. cityofhighland. orq
CITY OF HIGHLAND • 27215 BASE LINE • HIGHLAND, CALIFORNIA 92346 • ( 909) 864- 6861 m • ( 909) 862- 3180 A -1-
In compliance with the Americans with Disabilities Act ( ADA), if you need special assistance, please contact the City Clerk' s office at ( 909) 864- 6861, ext. 226, at least 72 hours prior to the meeting for any requests for reasonable accommodation to include interpreters.
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 September 13, 2022, to the City Clerk at publiccomment( a cityofhighland. org. If you are submitting a public comment pertaining to an item on the September 13, 2022 agenda, please identify the agenda item number in the subject line. Members of the public will be permitted to make public comments in person.
CITY COUNCIL REGULAR MEETING
SEPTEMBER 13, 2022 - 6: 00 p. m.
AGENDA
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
REPORT FROM CLOSED SESSION
SPECIAL PRESENTATIONS
PUBLIC COMMENT ( ITEMS NOT ON THE AGENDA)
To address the City Council, please complete a speaker form located at the entrance and give it to the City Clerk prior to the beginning of the meeting. Your name will be called when it is your turn to speak. State Law prohibits the City Council from taking action on any item not on the agenda. Individual speakers are limited to three minutes each.
Comments received via email by September 13, 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.
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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 — August 9, 2022 City Council Regular Meeting RECOMMENDATION: Approve the Minutes as submitted.
3. Minutes — August 25, 2022 City Council Special Meeting RECOMMENDATION: Approve the Minutes as submitted.
4. Warrant Register
RECOMMENDATION: Approve Warrant Register No. 745 for September 13, 2022, in the amount of $ 2, 988, 001. 50 and Payroll of $222, 438. 98.
5. Treasurer's Report for July 2022
RECOMMENDATION: That the City Council receive and file Treasurer' s Report for July 2022.
6. Year- end Budget Adjustments for Fiscal Year 2021- 2022 RECOMMENDATION: The Finance/ Personnel Subcommittee recommends that the City Council approve the year-end budget adjustments for fiscal year 2021- 2022.
7. Contract Award — Pavement Repair Work
RECOMMENDATION: That the City Council award a contract to Mike Roquet Construction, Inc., in the amount of $ 25, 627. 00 for asphalt repair work on San Francisco and Fleming Streets to resolve excessive standing water issues at the two locations.
8. Extend a Professional Services Contract to Dudek to Amend the City' s Recently Adopted 6th Cycle General Plan Housing Element
RECOMMENDATION: That the City Council:
1. Amend the Scope of Work and Budget of a Professional Services Contract with Dudek to address Housing and Community Development ( HCD) comments on the City' s 6th Cycle Housing Element in an amount not -to - exceed $ 21, 820. 00; and
2. Approve the following budget adjustment for Fiscal Year 2022-2023.
Transfer $ 21, 820. 00 from 001- 2100 ( General Fund -Fund Balance) to be expended from 001- 4100- 4662 ( Contract Services -Housing Element).
9. Amendment to the Agreement for Specified Payments In - Lieu of Transient Occupancy Taxes ( TOT) between San Manuel Band of Mission Indians and the City of Highland
RECOMMENDATION: That the City Council authorize the City Manager to execute the Amendment to Agreement for Specific Payments in -lieu of Transient Occupancy Taxes ( TOT) between San Manuel Band of Mission Indians and the City of Highland.
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10. Community Development Block Grant (CDBG) Subrecipient Contract between the City of Highland and Highland District Council on Aging, Inc., to Provide for Senior Programs, Activities and Services to Improve Quality of Life, Physical Fitness, Social Programs, Daily Interaction and Nutrition to Low- and Moderate -Income Services
RECOMMENDATION: That the City Council approve the contract and authorize execution by the Community Development Director.
11. Declare Two ( 2) Seats Vacant on the Historic and Cultural Preservation Board RECOMMENDATION: That the City Council:
1) Declare two ( 2) seats 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.
12. Declare Three ( 3) Seats Vacant on the Community Trails Committee RECOMMENDATION: That the City Council:
1) Declare three ( 3) seats vacant on the Community Trails Committee; and 2) Direct the City Clerk to advertise the vacancies on the Community Trails Committee.
13. Conflict of Interest Code Update
RECOMMENDATION: That the City Council receive and file the 2022 Local Agency Biennial Notice and adopt Resolution No. 2022- amending the City' s Conflict of Interest Code and rescinding Resolution No. 2020- 048.
14. Resolution No. 2022- Summary Vacation of the Westerly Portion of Atlantic Avenue Right -of -Way ( Johnny Ghazal/ SUM 021- 001), and Grant Deed from City of Highland to Johnny Ghazel to Relinquish the Northwest Corner -Cut - Off Portion of the Right -of -Way at Atlantic Avenue and Boulder Avenue, Owned in Fee by the City, Formerly Owned by Caltrans
RECOMMENDATION: That the City Council:
1) Adopt Resolution No. 2022- ordering the summary vacation of a portion of street right- of-way located on Atlantic Avenue west of Boulder Avenue;
2) Approve grant deed to transfer the northeast corner -cut-off portion of rightof-way at Atlantic Avenue and Boulder Avenue to Johnny and Richelle Ghazal Living Trust; and
3) Direct the City Clerk to record the Summary Vacation resolution and Grant Deed.
15. Selection of an Event Date and Budget for the 25th Annual Citrus Harvest Festival RECOMMENDATION: The Historic and Cultural Preservation Board recommends the City Council:
1) Select March 25, 2023, as the Event Date for the Citrus Harvest Festival with a rain date of April 1, 2023; and
2) Adopt the budget.
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16. Second Reading of Specific Plan Revision ( SPR 22- 001) Ordinance No. 455 of the City of Highland Proposing an Amendment to the Greenspot Village & Marketplace Specific Plan ( SPR 06-001A) to Increase the Maximum Dwelling Count from 700 to 746 within Planning Area 2 and the Total Buildout Number from 800 to 946 for the Overall Specific Plan
RECOMMENDATION: That the City Council conduct a second reading of Specific Plan Revision ( SPR 22- 001) Ordinance No. 455 amending the Greenspot Village & Marketplace Specific Plan ( SPR 06- 001A) to increase the maximum dwelling count range from 500- 700 to 500- 746 within Planning Area 2 and the total buildout number from 800 to 946 for the Overall Specific Plan.
17. The Coalition for Clean Air Requests the City to Participate in the 2022 California Clean Air Day on October 5, 2022
RECOMMENDATION: That the City Council adopt Resolution No. 2022- to support and participate in the 2022 California Clean Air Day on October 5, 2022.
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.
No public hearing.
CITY COUNCIL LEGISLATIVE
18. Measure I Capital Project Needs Analysis ( 2023/ 24- 2027/ 28) for the Measure I Major Street and Freeway Interchange Programs
RECOMMENDATION: That the City Council approve the Five -Year Capital Project Needs Analysis ( 2023/ 24- 2027/ 28) for the Measure I Major Street and Freeway Interchange Programs.
19. Bid Award — Bid No. 2022- 02, " 3rd Street/5th Street Corridor Improvement Project" Project str18001)
RECOMMENDATION: That the City Council award the construction contract for Bid No. 2022- 02, " 3rd Street/5th Street Corridor Improvement Project ( Project str18001)" to the responsible low bidder, Granite Construction Company ( Granite), in the amount of $9, 395, 939. 00.
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20. Hernandez, Kroone & Associates ( HKA) Contract, Second Amendment for Professional Services — 3rd Street and 5th Street Corridors Improvement Project Project No. str180011
RECOMMENDATION: That the City Council:
1) Approve a second amendment to the professional services agreement with HKA; and
2) Authorize the City Manager to approve any future contract amendments up to 10% of the new contract amount.
21. Public Improvement Reimbursement Agreement Amendment No. 1 with East Valley Water District ( EVWD) for Traffic Signal Modifications at 5th Street and Del Rosa Drive
RECOMMENDATION: That the City Council:
1) Approve the Public Improvement Reimbursement Agreement Amendment No. 1 with EVWD for Traffic Signal Modifications at 5th Street and Del Rosa Drive;
2) Authorize the Mayor to sign the Agreement Amendment No. 1; and 3) Approve the following Budget Adjustment: Transfer $ 267, 786. 07 from 007- 2100 ( DIF- Fund Balance) to be expended from 007- 8330-6550 ( Traffic Improvements).
22. Alliance Residential Company — Request for Parkland Acquisition & Park Facilities Development Impact Fee Credit in Accordance with Highland Municipal Code Section 16. 40. 200, Park and Recreational Facilities
RECOMMENDATION: That the City Council approve Alliance Residential Company' s request for a fifty percent ( 50%) Parkland Acquisition & Park Facilities Development Impact Fee credit in the amount of $ 1, 235, 374. 14.
23. Senate Bill 972 — Amendments to the California Retail Food Code to Allow Cottage Food Operations and Microenterprise Home Kitchens to Serve as a Commissary or Mobile Support for Food Vendors among Other Provisions ( pending approval by Governor Gavin Newsom)
RECOMMENDATION: That the City Council provide direction concerning Senate Bill 972.
24. City Manager Report and Comments ( Work Program, Regional/ Legislative/ Development Issues, Subcommittees, etc.)
RECOMMENDATION: Discussion and possible action.
25. Council Member Comments ( Agency/ Committee/ AB 1234 Reports, District Updates, etc.)
RECOMMENDATION: Discussion and possible action.
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ANNOUNCEMENTS
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code Section 54956. 9( d)( 2) and/ or ( d)( 3):
One case.
ADJOURN
Regular Meetings
Effective March 1, 2022, pursuant to Resolution No. 2022- 001, the regular City Council meetings will be held once a month on the second Tuesday of each month.
October 11; November 8; December 13
I, Betty Hughes, City Clerk, certify I caused to be posted this Agenda on or before September 8, 2022, by 5: 30 p. m., on our website at www.cityofhighland. org and in the following designated areas:
Highland Branch Library
7863 Central Avenue
Date: September 8, 2022
Fire Station No. 1 City Hall
26974 Base Line 27215 Base Line
0.)(
Betty Hughes, MMC
City Clerk
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STAFF REPORT
TO THE CITY COUNCIL
DATE: September 13, 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
Tabled Abstain
Absent
9y`
City Clerk
File No.
City Manager
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STAFF REPORT
TO THE CITY COUNCIL
DATE: September 13, 2022
FROM: Joseph A. Hughes, City Manager
PREPARED BY: Betty Hughes, MMC, City Clerk
SUBJECT: Minutes — August 9, 2022 Regular Meeting
RECOMMENDATION: Approve the minutes as submitted.
Approved Motion Second Agenda Item No.
Denied Ayes
Continued Noes
Tabled Abstain
absent
City Clerk
File No.
City Manager
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MINUTES
CITY COUNCIL REGULAR MEETING
AUGUST 9, 2022
CALL TO ORDER
The regular meeting of the City Council of the City of Highland was called to order at 6: 00 p. m. by Mayor McCallon at the Donahue Council Chambers, 27215 Base Line, Highland, California.
The invocation was given by Pastor Tracy Johnson, Immanuel Baptist Church, and the Pledge of Allegiance was led by Mayor Pro Tem Lilburn.
ROLL CALL
Present: Chavez, Lilburn, McCallon, Solano, Timmer
Absent: None
REPORT FROM CLOSED SESSION
None
SPECIAL PRESENTATIONS
None
PUBLIC COMMENT ( ITEMS NOT ON THE AGENDA)
Christian Flores spoke as a representative for the residents of Fairway Mobile Home Park and gave an update on the progress of the resident's concerns being addressed.
Luis Ojeda spoke regarding his concerns for a property located on Central Avenue and Third Street that has unsightly debris and for his concerns for the misrepresentation of citizens on the westerly side of Highland.
CITY COUNCIL CONSENT CALENDAR
A MOTION was made by Council Member Solano, seconded by Mayor Pro Tem Lilburn, to approve the consent calendar as submitted. Motion carried on a roll call vote, 5- 0.
1. Waive the Reading of All Ordinances
Waived the reading of all Ordinances in their entirety and read by title only.
2. Minutes — July 12, 2022 City Council Regular Meeting Approved the Minutes as submitted.
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3. Minutes — July 14, 2022 City Council Special Meeting Approved the Minutes as submitted.
4. Warrant Register
Approved 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
Received and filed Treasurer' s Report for June 2022.
6. Claim Consideration — Anthony Serrano
Rejected claim.
7 Declare One ( 1) Seat Vacant on the Historic and Cultural Preservation Board 1) Declared one ( 1) seat vacant on the Historic and Cultural Preservation Board; and
2) Directed the City Clerk to advertise the vacancy on the Historic and Cultural Preservation Board.
8. Records Destruction Authorization
Approved the destruction of certain records.
9. Contract Bid Award — Bid No. 2022- 06, " Highland HVAC Systems Maintenance, Monitoring and Repair"
Awarded 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"
1) Awarded 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) Approved 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) Authorized Cal Fire Battalion Chief Sean Landavazo to execute the Cooperative Fire Protection Agreement on behalf of the City.
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12. Cooperative Agreement with Caltrans for Victoria Avenue Interchange/ Project No. ich17006
1) Approved a Cooperative Agreement with Caltrans for Implementation of the Project Approval/ Environmental Document ( PA/ ED) Phase of the SR- 210 Interchange; and
2) Authorized the Mayor to sign the Cooperative Agreement.
13. Revised Memorandum of Understanding with Yuhaaviatum of San Manuel Nation/ Victoria Avenue Interchange
1) Approved 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) Authorized 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 Conducted a second reading, read by title only, waived 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.
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
CITY COUNCIL PUBLIC HEARING
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
Mayor McCallon stated we have two public hearings on this agenda tonight. The first one is adoption of the urgency ordinance extending for an additional 12 months through August 2023 on an existing moratorium on the approval of applications for land use entitlements for new service station uses. This will be presented by Assistant Community Development Director Stater. He will now open the public hearing.
Assistant Community Development Director Stater stated thank you, Mayor, and Members of the City Council. When this was first enacted about a year ago staff has worked on an analysis ofthis item and some of the concerns we had with this particular use in the City. We have completed that analysis and have worked on a municipal code amendment language for that, and a GIS analysis. We just did not
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get that back to Council before the one-year expiration. We would like to take it to an ad hoc committee next Tuesday, which has been scheduled for 10: 00 a. m. and then take that to the Planning Commission on September 6, then back in October at the Council meeting. Our request is for an extension at this time but we will bring the information back to you shortly.
Mayor McCallon stated this is a public hearing item. Is there anyone in the public who wishes to speak either for or against this item. Seeing none, we will close the public hearing and bring it back to the Council for discussion and action.
A MOTION was made by Council Member Timmer, seconded by Council Member Solano, to adopt Ordinance No. 454 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. Motion carried, 5- 0.
City Clerk Hughes introduced Urgency Ordinance No. 454
URGENCY ORDINANCE NO. 454
AN INTERIM URGENCY ORDINANCE OF THE CITY OF HIGHLAND,
CALIFORNIA, ENACTED PURSUANT TO GOVERNMENT CODE SECTION 65858 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 IN THE CITY OF HIGHLAND,
DECLARING THE URGENCY THEREOF AND MAKING A DETERMINATION
OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT ( CEQA)
which title was read.
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
Mayor McCallon stated he will open the public hearing and ask Associate Planner Syed to give the presentation.
Associate Planner Syed stated thank you very much Mayor and good evening Council Members. To the north of the project site are existing residential homes along Calhoun Road and Eucalyptus Avenue. To the south is vacant land with a few commercial buildings along Boulder Avenue. To the east is the existing USPS facility and to the west is more vacant land on which TREH Partners 200-unit residential complex was approved in 2021. The Greenspot Village and Marketplace specific plan was established in 2014 to outline the future developments of the Golden Triangle area. Since then, entitlements were
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approved for Rexco Development in 2020 to construct 200 apartments in Planning Area Three and additional entitlements were approved for TREH Partners in 2021 to construct 200 apartments in Planning Area Two. The build out of Planning Area Two is in orange and is the item that is being presented to you today. With 400 residential units already approved for construction and a current planning build out of 800 units, the specific plan only allows for the construction of an additional 400 units which results in a density below the minimum of 20 dwellings per acre within Planning Area Two. The applicant is looking to increase the maximum dwelling count for Planning Area Two from the current 700 to 746 and increase the total build out number from 800 to 946 for the whole specific plan. Contingent upon the specific plan revision, the applicant is proposing the construction of a 546- unit apartment complex that will build out the remainder of Planning Area Two as well as the residential portion of the entire specific plan. The 546 units comprise of complexes known as townhomes located along the eastern part of the site and garden flats which are located throughout the rest of the development. The townhomes consist of 144 units of one-, two-, and three - bedroom layouts, with an attached two car garage on the ground floor. The garden flats consist of 402 units of one- and two -bedroom layouts with assigned detached garages or covered carport spaces depending on the location of the specific unit. Primary access to the development will be provided through Access Point C, otherwise known as the extension of Calhoun Road, which will be signalized at Greenspot Road by the Rexco Development project. A secondary access point is proposed onto Boulder Avenue at the end of the Village Paseo, toward the southeast corner of the site. The applicant has also been conditioned to construct a 5- foot- tall wrought iron fence in the landscape median on Boulder Avenue between Webster Street and Eucalyptus Avenue as part of this project. The architecture for the buildings consists of Spanish influence for the townhomes and a Monterrey style elevation for the garden flats, which are two potential elevations that are discussed in the Greenspot Village and Marketplace specific plan. At the July 5 Planning Commission hearing, the Commissioners provided the applicant with a list of directives to incorporate into the revised design of the complex. This list has been provided for you as an attachment to the staff report. The applicant went ahead and accepted and incorporated each of the directives except for the request to replace the garden flat Monterey style shingle roofs with flat tile roofs. Perimeter landscaping along the street adjacent to portions of the development will feature ground cover comparable to the trees that are found along the rest of the Greenspot corridor such as Crepe Myrtle trees with Evergreen Pear trees. The southern portion of the Village Paseo will be accented by California Sycamores, Coast Live Oak trees, and Afghan Pines. The western and northern boundaries will feature Chinese Flame trees with clusters of Evergreen Pears and Bloodgood London plant trees and the entrance points from the southern end and Boulder Avenue will be aligned with fruitless olive trees and additional Coast Live Oak trees. The developer has been conditioned to initiate the process of establishing a Communities Facilities District ( CFD) prior to occupancy for maintenance and upkeep of the landscaping in the median and a right-of-way and frontage along Boulder Avenue. The complexes' residents will provide the cost for maintaining the CFD. The required number of parking spaces for the project is 1, 026. 546 of those will be covered spaces and 480 being uncovered, including guest parking. The proposed design offers 639 covered spaces and 371 uncovered spaces for a total
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of 1, 010. While the project substantially exceeds the required number of covered spaces, it does fall short overall by 16 spaces. This would fall into the uncovered category. Staffs analysis of the site layout and circulation is supported by the 1, 010 spaces that have been provided. As mentioned, the townhomes will feature attached garages on the ground floor of their respective units. The garden flats will offer both detached carports and detached garages, depending on the specific location of the unit as you can see here. The remainder of the primary interior corridor will feature the uncovered guest parking spaces. The proposed development offers a variety of amenities for the community as well. In addition to the Village Paseo that spans the entire southern portion of the community, the complex also offers two community pools and a gym inside the clubhouse at the center of the property. Additionally, there are two tot Tots, two dog parks and an entertainment terrace with community BBQ grills at the east end of the site. As discussed previously, this project was anticipated during the adoption of the Greenspot Village and Marketplace specific plan and mitigation measures have already been included as part of these certified environmental impact reports. At the July 5 Planning Commission meeting, staff received several letters from neighboring property owners expressing their general concern on privacy and security and how they would be affected by the proposed development. The Planning Commission provided a list of directives and included additional conditions of approval to the project to help address their concerns. Since the Planning Commission hearing, staff has received two additional letters from adjacent developers within the Greenspot Village and Marketplace specific plan that expressed their support for the development. Staff and the Planning Commission recommend the City Council introduce an ordinance to adopt Specific Plan Revision SPR22- 001 and adopt a resolution approving Design Review Application 22-004. Thank you, staff and the applicant are available to answer any questions you may have. He believes the applicant is also here with a few short words about their company and the project.
Jonas Bronk, Alliance Residential, stated thank you for having us here tonight. Thank you, Associate Planner Syed, for a great presentation, he really covered the bases of the what and the where of the project very, very well. Thank you to Community Development Director Mainez and Assistant Community Development Director Stater for helping us. He thinks they have been working on this project for about a year now, even though in its original form, it looks very much like it does today. They think they have addressed it and made some improvements. He also wants to thank the Council for hearing us out tonight and you, Mayor McCallon. If you do not know much about Alliance Residential, he thinks he will just do a couple minutes on them and then if there are questions about the project specifically, he can address those as they come up. Alliance is either the largest or the second largest builder of multi -family residential projects in the nation depending upon what year you look at it and what publication you are reading. They are the local division of Alliance, the Southern California division. He has been with the company for seventeen years. This division has been open for about twenty-five years. Here is a list of the projects that have been completed under his watch since 2005. As you can see, there are projects in Los Angeles, San Diego, Inland Empire, and Orange County. He was going to do a case study on one of their projects, but the limited amount of time he thinks he will just talk a
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little bit about why we like this particular project here in Highland. They really like that it is part of a specific plan. They like that there are design constraints and there are planning limitations so that they will know what is coming in the future. They know what it is going to look like. They are the third project to come through so we can see that there is real momentum to create a community in this corner of Highland. This is very exciting to them. They know that there is a big need in this community. A big need in Southern California generally for additional housing.
They are building 546 market rate units. They do not do affordable, they will be paying the affordable in -lieu fee on the project, which he thinks is approximately 2, 000, 000. This will be their first project in Highland, and as they always say, this one is going to be the best. So, they always try to do a little bit better than the last project. Thank you for your time. He has the architect here, the landscape architect is here, and the civil engineer here to answer any questions the Council might have and of course he is happy to stay up here and field questions all night, if that is what it takes.
Mayor McCallon stated thank you very much. Any questions of the applicant, any questions of staff before we go to the public.
Council Member Timmer stated just a clarification, you mentioned the coast redwoods. Where are you planting those? Normally they do not do very well here in this smog.
Dan Delle, MGS landscape architecture, stated are you talking about the oaks? Council Member Timmer stated no coast redwood, it was mentioned coast redwood he thought, unless he misheard.
Dan Delle, MGS landscape architecture, stated it was the oaks and the California, no redwoods.
Associate Planner Syed stated it was coast live oak trees. Yes, coast live oak trees on the southern portion as well at the entrances.
Mayor McCallon stated is there anyone in the public who wishes to speak either for or against this item before we go to the letters we received? Seeing none, City Clerk Hughes has two letters that were received.
City Clerk Hughes stated she has, thank you.
City Attorney Marroquin stated she thinks we had someone come in.
Unidentified speaker stated he does not know if Council is going through letters that the homeowners up there wrote. He just wants to see where the privacy is.
Mayor McCallon stated we have those letters attached to the staff report.
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Unidentified speaker stated he is just wondering what eventually happened with that because last meeting it was kind of left on what was going to happen as far as the privacy of those neighbors on the north and on Boulder Avenue there.
Mayor McCallon stated it is his understanding that the Planning Commission requires an eight -foot block wall to be built along the northern border to provide some privacy along with some planting along that wall.
Unidentified speaker stated okay, so it was an 8- foot because he knows they were talking about wrought iron first or something.
Mayor McCallon stated no, it is an eight -foot block wall.
Associate Planner Syed stated it was part of the conditions and then the plans were also modified.
Unidentified speaker stated he appreciates it, thank you.
City Clerk Hughes read the first letter from Patrick Tritz, San Carlo Apartment Homes, in favor of the project.
City Clerk Hughes read the last letter from Tom Robinson, TREH Partners, in favor of the project.
City Clerk Hughes stated that concludes the comments she received.
Mayor McCallon stated very good, thank you. Anybody else wish to speak on this item? Seeing none, he will close the public hearing and bring it back to the Council for additional discussion.
Council Member Timmer stated he just wants to let others know he met with staff earlier to talk about the circulation issues. He had a little concern, but they addressed those concerns. He has a question for Community Development Director Mainez. We have had lots of issues dealing with the State of California Housing Element. As I calculate this now, these increased units put us over 20 units per acre, he thinks. Does that meet all the state standards through what we are trying to achieve or what they are telling us to meet? And the second part is, he thinks the applicant talked about how they do not do affordable housing, but they are paying the in -lieu fee, which he supports. Can you talk about what this does in the future to meet our state's housing element requirements? Community Development Director Mainez stated sure, it is pretty simple. This specific plan was recognized by the State HCD when we adopted our housing element. So, anything that is built within this specific plan is credited to achieving our certification for the housing element in the past and in the future. That is the short answer.
Council Member Timmer stated so this additional density will make that even further to meet the standards in this picture.
08. 09. 2022 — cc regular
-9-
Community Development Director Mainez stated it helps achieve our goals. The fact that it is not affordable is irrelevant to the housing element because the density is what the State required us to build. So, this just helps us achieve that goal as well.
Council Member Timmer stated he knows we have been fighting that battle with the State for a long time. Upfront he does not like high density projects, but he knows the State asked us politely to do certain things and as long as this project helps us meet some of those requirements then he will support what we are doing here.
Mayor Pro Tem Lilburn stated she just has a couple of questions. With adding so many additional units do we have to do an additional environmental impact report? Community Development Director Mainez stated no, we have done our analysis and determined that the EIR that was certified for the specific plan is adequate. The additional units are insignificant to traffic, noise, or quality.
Mayor Pro Tem Lilburn stated one of her questions is on the parking. We have always prided ourselves when we built the apartments to make sure that we had garages or substantial parking arrangements for the residents that live there. So, she sees that some of them are garages, some are carports or covered parking and some we are just shy to meet the requirements of the units. Why is that? Community Development Director Mainez stated the difference is very small.
Associate Planner Syed stated right, the total shortage is 16 spaces.
Community Development Director Mainez stated and those are uncovered.
Associate Planner Syed stated yes, uncovered.
Council Member Timmer stated how much are they providing, it was over 1, 000 he thought.
Associate Planner Syed stated right. So according to our parking requirement, it would be 1, 026. They have provided 1, 010. So very close and they have actually over provided the number of covered spaces and garage spaces, and technically the shortage is in the uncovered spaces.
Community Development Director Mainez stated it is all about design. It is how they laid out that parking. You will notice on the design that Associate Planner Syed is putting up that corridor in the center is, if you think of it as a wing of a bird, that is the parking for the guests, so the east and west is well served by the guest parking. Just by design they were short somehow because we want a lot of landscaping, we want a lot of amenities and so we had to sacrifice a little bit of that parking.
Mayor Pro Tem Lilburn stated that allows for enough frontage commercial space for this specific plan.
08. 09.2022 — cc regular
-10-
Community Development Director Mainez stated yes, it certainly does. Based on the market today, absolutely.
Council Member Chavez stated he just wants to say this is a great project for the City of Highland. The design and the review are great. It is amazing, this is something that he thinks young people are really looking forward to living in. It is kind of like what is trending right now throughout southern California. He is super excited to see this project go through. He will make a motion if we are done discussing.
Mayor McCallon stated he has several items he wants to talk about. First, the landscaping plan calls for Crape Myrtles along Boulder Avenue. Crepe Myrtles are beautiful trees, but they are very messy, and they do not belong on the street. He would think that we would not put them all along Boulder Avenue there because they create a mess on the streets and on the sidewalks. They look nice but when all those flower things fall down, they are really annoying. So, he would request that we not have Crepe Myrtles on Boulder Avenue. If they want to put them in the interior of the project, fine, but not on public right- of-way if you will, where they are dropping all that stuff onto the sidewalks.
Associate Planner Syed stated thank you Mayor, so that is correct, we understand your concern and so we consulted with our City' s landscape architect for some alternative solutions. Potentially he had suggested maybe Japanese Zelkova as an alternative tree for that area but he believes the applicant' s landscape representative is also available for some pointers, if possible.
Mayor McCallon stated as long as we do not put any messy trees there, he does not care what they are called.
Dan Delle stated it was part of the specific plan so they followed it but they have no objections to the alternatives.
Mayor McCallon stated you talked about garages, we have detached garages, what units get these?
Associate Planner Syed stated the detached garages are for the select few garden flats and the remainder of the garden flats get the carports. All the townhomes get the attached garages on the bottom floor.
Mayor McCallon stated he understands the garages are for the one -bedroom or two -bedroom garden flats.
Associate Planner Syed stated he believes the applicant could probably specify that a bit better.
Jonas Bronk stated every unit would get one covered space.
Mayor McCallon stated he is talking about the garage.
08. 09. 2022 — cc regular
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Jonas Bronk stated yes, sir, well, that will just be distributed based on availability when units come up.
Mayor McCallon stated so you are not going to have them assigned to any particular garden flat.
Jonas Bronk stated no, he does not think so.
Mayor McCallon stated another question is what will prevent them from being used for storage rather than cars?
Jonas Bronk stated the lease that they sign.
Mayor McCallon stated so it is going to be in the lease.
Jonas Bronk stated it will be enforced, yes.
Mayor McCallon stated because if they start using them all for storage then we really run out of parking spots.
Jonas Bronk stated yes sir.
Mayor McCallon stated and these days many people use their garage to store things rather than put their cars in them.
Jonas Bronk stated we have seen that problem in the past.
Mayor McCallon stated well it is going to be taken care of in the lease.
Jonas Bronk stated that is right.
Mayor Pro Tem Lilburn stated she just wants to add, normally when we do rentals and apartments, we have them sign a multi crime -free agreement. Is that something that we have asked them to do and is that something they have agreed to do?
Community Development Director Mainez stated that is a requirement of the code, so they would have to follow that standard and he thinks that was a condition but if not, it does not matter, they have to participate in that crime -free housing program, which is basic training. It is a one to two- hour seminar. They look at their lease agreements to make sure there are terms in there to make it easy to evict problem tenants, and then there is an inspection by our Police Department, Fire and Code.
Mayor Pro Tem Lilburn stated it might be covered but he does not look like he is familiar with that so she wants to make sure. On Boulder Avenue, there was going to be wrought iron, can you tell me about the purpose for that?
08. 09. 2022 — cc regular
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Community Development Director Mainez stated it is a safety barrier for people running across, like Council Member Timmer pointed out, he thinks we actually have an exhibit up there.
Associate Planner Syed stated page 178 are the City Council conditions. He thinks what we are looking at is the packet or resolution that went to Planning Commission.
Mayor McCallon stated essentially there is this 8- foot block wall that is separated from the garages and the carports. The question he has, and he thinks it needs to be an engineering condition of approval, is there needs to be some engineering to take care of the drainage off those roofs and where does that drainage go? He believes there is something in the engineering conditions of approval that talk about that in the drainage section. Because now that we have that 8- foot block wall there, between the carports and the wall, the water from the carports is going to come down between those two and where is it going?
Jonas Bronk stated we have addressed that issue. If you look at this screen here, you can see that the carports are pulled back from the property line.
Mayor McCallon stated he understands but what is the engineering that is going to take that water away?
Jonas Bronk stated well, there is a drain on the back of the carport itself. A leader will come down and take it into the system.
Mayor McCallon stated it is not addressed in our drainage conditions of approval, Public Works Director/ City Engineer Zamano. He understands there is something and he just wants to make sure that our Engineering Department is aware.
Jonas Bronk stated he would understand that to be a standard condition and that you cannot drain your water onto somebody else' s property in all cases so it has been considered and taken care of.
Mayor McCallon stated as far as engineering and where it is, where does the water go and that sort of thing?
City Manager Hughes stated if you look at the engineering condition under drainage, E30, it basically requires them to drain the entire site to the south of the project which would pull the water away from that wall.
Mayor McCallon stated yes, but it is not going to go south, it is going to go east and west to begin with.
08. 09.2022 — cc regular
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Council Member Timmer stated well they are required under law to maintain the water on the site. So obviously they have some way to transfer the water to put capture for percolation or other reasons. Just make a point with staff to consider this as an issue, in the minutes, how the drainage comes off the larger carports and facilities, how they are going to be handled, and make sure we do not forget to address it. To make sure that it does not slip through the cracks somehow, we need to put it in the minutes.
Mayor McCallon stated yes since we put in this wall at the last minute, my concern is have we adequately taken care of the drainage issue? Public Works Director/ City Engineer Zamano stated Mayor, we can certainly do that to amend the engineering conditions to include the drainage of the area that you have mentioned. That is a concern that has not been addressed in the current engineering conditions, is that acceptable.
Mayor McCallon stated yes.
Mark Bertone, Madole & Associates, stated he is the civil engineer on the project. He will try to save the day here. Running east/west, in the drive aisle along the northern boundary we have a large storm drain so he could see anything that is not intercepted in the gutter at the edge of the roof, you know the roof drain up there. Anything that falls from the sky and gets in that little area we could have a concrete swale with some area drain inlets to an underground pipe that would go around the garage and then tie into the storm drain out in the street. He thinks that would satisfy what you are concerned about.
Mayor McCallon stated that is what he wants to hear.
Mark Bertone stated glad to be of service.
Assistant Public Works Director Bennett stated Mayor, if he may, Engineering Condition 30 is intended to meet that concern. Assistant Community Development Director Stater suggested adding language to that condition and it could help satisfy this. When we are talking about demonstrating how drainage conveyance off -site will replicate pre -development flow, discharge, quantity intensity and demonstrate adequate drainage away from proposed buildings, fences, and walls.
This would be our general grading plan review and we would ask that the engineer is going to demonstrate that they are not increasing discharge or intensity to a previous location that was not seeing that drainage.
Mayor McCallon stated okay, but he likes what the engineer just said, the applicant' s engineer. The planning conditions of approval, he thinks there needs to be a condition in there that talks about what has to be done before the first occupancy. He thinks we need to add to that the wrought iron fence in the middle of Boulder Avenue needs to be done before the first occupancy.
Associate Planner Syed stated so we would like to add a condition.
08. 09. 2022 — cc regular
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Mayor McCallon stated no, he just wants to modify that condition that talks about what has to be done before the condition of approval. The occupancy, first occupancy, there is one in there. He is sorry he cannot find it because he does not have his notes in front of him.
Assistant Public Works Director Bennett stated again Engineering Condition 14 speaks to the improvements for Boulder Avenue.
Mayor McCallon stated there is one in there that talks about what needs to be done before first certificate of occupancy.
Community Development Director Mainez stated Mr. Mayor, you are referring to Planning Condition 11, and it does say Boulder Avenue frontage and perimeter landscaping, paseo, perimeter walls, recreational amenities shall be constructed in advance of the first residential certificate of occupancy. We will add the wrought iron fencing as well.
Mayor McCallon stated we need to add to that and the wrought iron fence in the middle of Boulder.
Community Development Director Mainez stated we will amend that.
Assistant Public Works Director Bennett stated and that is repeated again in Engineering Condition 4 prior to occupancy wrought iron fence shall be constructed.
Mayor McCallon stated in the engineering conditions; he did not see it there.
Assistant Public Works Director Bennett stated it is the second to last sentence. In a raised landscape median with a wrought iron fence along the centerline of the median for the intersection of Eucalyptus and Boulder south to the intersection of Webster.
Mayor McCallon stated yes, it should be built, but it does not say before the first occupancy and that is in the Planning Commission.
City Manager Hughes stated it is covered now in the planning.
Mayor McCallon stated right, it is covered. He believes that is all he had.
City Manager Hughes stated just to clarify, there were three items. The first was the type of tree on Boulder Avenue. Did we specify a tree type so we can include that as the record?
Mayor McCallon stated they mentioned something, he does not know which.
City Manager Hughes stated he just wants to make sure it is clear, the specific tree.
08. 09. 2022 — cc regular
-15-
Associate Planner Syed stated he had brought up our discussion with our City landscape architect. He suggested Japanese Zelkova to replace the Crepe Myrtles along Boulder Avenue, if the applicant' s team is okay with that.
City Manager Hughes stated okay, and then the second item was drainage away from the walls, going to the east and west direction for runoff from the buildings.
The applicant suggested some language regarding concrete swales to remove that. Public Works Director/ City Engineer Zamano, do you have a specific section in the engineering conditions you would like to modify to make sure that is clear? Public Works Director/ City Engineer Zamano stated what we can do is add that condition into the drainage section in the engineering conditions to include what City Manager Hughes indicated, that their engineer suggested, that you approved Mayor.
City Manager Hughes stated let us come up with some language, so it is clear, and it does not fall through the cracks. He thinks it would be either Engineering Condition 30 or 31. Either one of those we could add the language to. He thinks it would just be something along the lines of, to ensure that drainage to the east and west of the property is carried away from the perimeter walls, install concrete swales where necessary.
Public Works Director/ City Engineer Zamano stated concrete swales and inlet that will collect the runoff and then drain it to the front.
City Manager Hughes stated yes, where necessary. Is that language acceptable to the applicant? Yes, he just gave me the thumbs up. Then the final item was the fence on Boulder Avenue. We are going to modify the planning condition that prior to occupancy the wrought iron fence on Boulder Avenue will be installed in the median. It is Planning Condition 11.
Mayor McCallon stated okay, any other comments or questions? Council Member Timmer stated he just wants to say a couple of things, just for reference, it is really not a condition or anything. The previous plan to this revision showed Calhoun being an axis out of this project to the north, to Eucalyptus and to Boulder. He understands why we are not doing that. There are some concerns from the residents to do that, however, logically it is practical to do that because this is the only street you could make a left hand turn out of this project onto Boulder. We are already addressing the people walking across Boulder to get to the post office because there is no easy way to get there. No action, it is just soapbox time. The other thing is, do we have in our City' s standard designs, an issue on trees? We just talked about trees again and we have the whole street with one species of tree. Back from my educational days, you do not generally put a monoculture of the same species. If you get insect infestation or diseases, you lose
08. 09. 2022 — cc regular
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all your trees at the same time. We try to vary the species. We talk about this but they always like to put all the same trees in for visual effect. For the health of the tree, it is not really a good idea. So again, he is off his soapbox. Just be aware that when you plant the same trees or plants, when you have an infestation of insects or disease or some other kind of problems, you can lose them all at the same time.
Mayor McCallon stated what is the Council' s pleasure?
Council Member Timmer stated he will move approval of the project with those three revisions we discussed.
Council Member Chavez seconded the motion.
A MOTION was made by Council Member Timmer, seconded by Council Member Chavez, to:
1) Introduce Ordinance No. 455 to amend the Greenspot Village & Marketplace Specific Plan ( SPR 22- 001); and
2) Adopt City Council Resolution No. 2022- 042 to approve Design Review Application ( DRA 22- 004) subject to the Conditions of Approval and Findings of Fact. Motion carried as amended, 5- 0.
City Clerk Hughes introduced Ordinance No. 455
ORDINANCE NO. 455
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HIGHLAND,
CALIFORNIA, AMENDING THE GREENSPOT VILLAGE & MARKETPLACE SPECIFIC PLAN ( SPR 06- 001A) AND MAKING A DETERMINATION THAT THE
ADOPTION OF THIS ORDINANCE IS EXEMPT FROM FURTHER CEQA
REVIEW UNDER CEQA GUIDELINES SECTION 15162, PUBLIC RESOURCES CODE SECTION 21666 AND GOVERNMENT CODE SECTION 65457
which title was read.
RESOLUTION NO. 2022- 042
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA, TO APPROVE DESIGN REVIEW ( DRA 22- 004) TO
CONSTRUCT 546 MULTI -FAMILY RESIDENTIAL UNITS, A 7, 500 SQUARE FOOT LEASING OFFICE, TWO (2) RECREATION AREAS, AND OUTDOOR COURTYARDS ON A VACANT 25 ACRE SITE WITHIN PLANNING AREA 2 OF
THE GREENSPOT VILLAGE & MARKETPLACE SPECIFIC PLAN
08. 09. 2022 — cc regular
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CITY COUNCIL LEGISLATIVE
17. Sheriff' s Department Schedule A Amendment for Fiscal Year 2022/ 2023 Director of Administrative Services Dantuono gave a brief review of the staff report.
A MOTION was made by Council Member Solano, seconded by Council Member Chavez, to:
1) Authorize the Mayor to execute the amended Schedule A contract ( FY 2022/2023 for Law Enforcement Services with the San Bernardino County Sheriffs 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). Motion carried, 5- 0.
18. Amendment to Measure I Five -Year Capital Improvement Program ( Fiscal Years 2021/ 2022 through 2025/ 2026)
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 Timmer, to adopt Resolution No. 2022- 043 approving the Amended Measure Five -Year Capital Improvement Program ( Fiscal Years 2021/ 2022 through 2025/ 2026). Motion carried, 5- 0.
RESOLUTION NO. 2022- 043
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND,
CALIFORNIA, APPROVING AMENDED FIVE- YEAR CAPITAL IMPROVEMENT
PROGRAM FOR MEASURE I LOCAL STREET PROGRAM FOR
FISCAL YEARS 2021/ 2022 THROUGH 2025/ 2026
19. Measure 1 5- Year Capital Improvement Plan ( 2022/ 2023- 2026/ 2027) Public Works Director/City Engineer Zamano gave a brief review of the staff report.
A MOTION was made by Council Member Timmer, seconded by Mayor Pro Tem Lilburn, to:
1) Approve the Measure I Capital Improvement Plan Expenditure Strategy 2022/ 2023- 2026/ 2027); and
2) Approve Resolution No. 2022- 044 adopting the Measure 1 5- Year Capital Improvement Plan ( 2022/ 2023- 2026/ 2027). Motion carried, 5- 0.
RESOLUTION NO. 2022- 044
A RESOLUTION OF THE CITY COUNCIL OF THE CITY HIGHLAND,
CALIFORNIA, ADOPTING THE MEASURE I FIVE- YEAR CAPITAL
IMPROVEMENT PLAN FOR FY2022/ 2023 THROUGH FY2026/ 2027
08. 09. 2022 — cc regular
-18-
20. City Manager Report and Comments ( Work Program, Regional/ Legislative/ Development Issues, Subcommittees, etc.)
City Manager Hughes stated thank you Mayor. Just a few things. The audit, the actual field work for the audit will begin in mid -September so we will have our auditors out. On July 27, staff participated in a public workshop held by the San Bernardino Valley Municipal Water District. At the workshop, the District Board explored potential opportunities for the property they purchased. Basically, the old Harmony Project, which is now referred to as the Tres Lagos property. So, they are starting the process, essentially what they are going to do with the site. They are beginning the process now. Staff will stay engaged and we will give you updates on what they plan to do but he does not see any housing going out there.
On August 1, staff was informed that SCAG Disadvantaged Communities Active Transportation Planning Initiative, a transformative equity centered visionary tool which the City of Highland was an active participant, was honored by the California Chapter of the American Planning Association, and we will be receiving an award for that. On August 2, the Planning Commission approved entitlements for a small 54, 000 square foot warehouse in the northeast corner of Third and Central. Although no tenant was disclosed, construction is anticipated to begin in early fall. On August 4, the Cultural and Historic Preservation Board discussed a potential date and budget for the 25th Annual Citrus Harvest Festival, and we will be bringing that item forward to the City Council in September. You have probably already noticed this; the freeway contractor is starting to do some reconstruction of the cross gutter at the westbound Base Line onramp to provide a smoother transition, so that work is underway. Design and drawings are almost complete for the reconstruction of a 1, 000-foot section of trail along Emmerton Lane due to reoccurring erosion problems. We plan on putting that project out to bid within the next few weeks. The Fire Department, for the month of July, responded to 489 medical aids, 9 structure fires, 9 vegetation fires, 10 vehicle fires, 9 hazardous materials responses, 10 ringing alarms, 12 false alarms and 34 public assists. The Sheriffs Department, from July 11 to August 7, had 3, 273 calls for service, made 239 reports, and arrested 136 individuals. Saturday, August 27, we will be having a compost giveaway here at City Hall. Saturday, September 10 will be a Highland Improvement Team project. Monday, September 12 a blood drive is being held.
Actually, that is a Blood Drive Committee meeting and then Monday, September 26, would be an actual blood drive and that will be held at the Highland Police Station. The illegal dumping work orders for 2022, there were 1, 045. So far to date for the month of July, we have had 144. They are definitely out there picking up the trash.
21. Council Member Comments ( Agency/ Committee/ AB 1234 Reports, District Updates, etc.)
Council Member Chavez stated he attended the Sterling Natural Resource Center grand opening. It was a really great event with a great turn out of people. The facility is amazing, and it is great for our community and great for our City. He really enjoyed it and he is glad that it is finally happening.
08. 09. 2022 — cc regular
-19-
Mayor Pro Tem Lilburn stated she too attended the opening of the Sterling Natural Resource Center, and it is a beautiful facility. It is a great opportunity for organizations to rent the facility. She also attended John Mura' s retirement party and we provided him a proclamation from the City of Highland wishing him well wishes. On August 4, the Airport had their inaugural flight to San Francisco and Provo, Utah. Breeze came in, a lot of people have attended it. The first flight flew in from San Francisco and from Utah. The Mayor of Provo, Utah, was on the flight and the President of Breeze. She had the pleasure of christening the airplane with champagne and it was a nice event. The Highland Senior Center is having its Volunteer Recognition on August 19 to recognize all the volunteers that stuck with us during COVID. We still have about 75 to 100 volunteers. The grant for shopping for seniors is really catching on for those seniors out there that live in Highland and who meet the income qualifications. The Senior Center will go shopping within the budget to pay for groceries and provide seniors with some groceries that they would not necessarily be able to afford. So, if you know of a senior in the City of Highland that could use that help, have them please call us.
ANNOUNCEMENTS
None
CLOSED SESSION
None
ADJOURN
There being no further business, Mayor McCallon adjourned the meeting at 7: 18 p. m. in memory of Senator Robert Dutton.
Submitted By: Approved By:
Betty Hughes, MMC
City Clerk
Larry McCallon
Mayor
08. 09. 2022 — cc regular
-20-
STAFF REPORT
TO THE CITY COUNCIL
DATE: September 13, 2022
FROM: Joseph A. Hughes, City Manager
PREPARED BY: Betty Hughes, MMC, City Clerk
SUBJECT: Minutes — August 25, 2022 Special Meeting
RECOMMENDATION: Approve the minutes as submitted.
Approved Motion Second Agenda Item No.
Denied Ayes
Continued Noes File No.
Tabled Abstain
Flbsent
City Clerk / City Min ger
-1-
MINUTES
CITY COUNCIL SPECIAL MEETING
AUGUST 25, 2022
CALL TO ORDER
The special meeting of the City Council of the City of Highland was called to order at 9: 30 a. m. by Mayor Pro Tem Lilburn at the Donahue Council Chambers, 27215 Base Line, Highland, California.
ROLL CALL
Present: Chavez, Lilburn, Solano, Timmer
Absent: McCallon
PUBLIC COMMENT ( LIMITED TO ITEMS ON THIS AGENDA ONLY)
None
CITY COUNCIL LEGISLATIVE
1. City Clerk's Certification that There are Not More Candidates Than Offices (2) to be Elected in District 2 and District 4
City Clerk Hughes gave a brief review of the staff report.
A MOTION was made by Mayor Pro Tem Lilburn, seconded by Council Member Chavez, to receive and file the City Clerk' s Certification that there are not more candidates than offices ( 2) to be elected in the City Council District 2, and City Council District 4; appointed Anaeli Solano to office, the one person nominated in District 2; appointed John P. Timmer to office, the one person nominated in District 4; and canceled the election in the two districts. Motion carried, 4- 0, with Mayor McCallon being absent.
RESOLUTION NO. 2022- 045
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND,
CALIFORNIA, PROVIDING FOR THE APPOINTMENT TO TWO CITY COUNCIL OFFICES FOR DISTRICT 2 AND DISTRICT 4, AND CANCELLING THE NOVEMBER 8, 2022 MUNICIPAL ELECTION IN THOSE DISTRICTS
08. 25. 22 — cc special
-2-
ADJOURN
There being no further business, Mayor Pro Tem Lilburn adjourned the meeting at 9: 33 a. m.
Submitted By: Approved By:
Betty Hughes, MMC
City Clerk
Larry McCallon
Mayor
08. 25. 22 — cc special
-3-
DATE:
FROM:
REVIEWED BY:
PREPARED BY:
SUBJECT:
RECOMMENDATION:
FISCAL IMPACT:
PUBLIC NOTICE:
BACKGROUND:
STAFF REPORT
TO THE CITY COUNCIL
September 13, 2022
Joseph A. Hughes, City Manager
Chuck Dantuono, Director of Administrative Services/ City Treasurer Leticia Nava -Cruz, Accounting Supervisor
Warrant Register # 745
City Council to approve Warrant Register # 745; Warrants in the amount of 2, 988, 001. 50 and Payroll in the amount of $222,438, 98.
The total of Cash and Expenditures is $ 3, 210, 440. 48.
The agenda for this item was posted at the three required locations.
See Printouts Attached.
Approved Motion
Denied
Continued Noes
Tabled Abstain
Absent
Ayes
City Clerk
Second Agenda Item No.
File No.
City Manager
-1-
Warrants:
Payroll:
CITY OF HIGHLAND
WARRANT REGISTER # 745
September 13, 2022
8/ 9/ 2022 Ck# 85706- 85730
8/ 12/ 2022 Payroll Wire # 703- 706 & Ck # 85731- 85732 8/ 16/ 2022 Ck# 85733- 85773 & Wire 1002178755
8/ 23/ 2022 Ck# 85774- 85802
8/ 26/ 2022 Payroll Wire # 707- 710 & Ck # 85803- 85804 8/ 30/ 2022 Ck# 85805- 85836
9/ 6/ 2022 Ck# 85837- 85862 & Wire 1002192745
8/ 12/ 2022 Direct Deposits # 12062- 12103
8/ 12/ 2022 Ck # 667
8/ 26/ 2022 Direct Deposits # 12104- 12145
8/ 26/ 2022 Ck # 668
APPROVED BY:
Larry McCallon
Finance Subcommittee
John Timmer
Finance Subcommittee
202, 076. 95
64, 017. 74
1, 207, 194. 66
1, 248, 909. 74
66, 064. 77
112, 686. 09
87, 051. 55
Total Warrants $ 2, 988, 001. 50
108, 585. 10
283. 81
113, 286. 26
283. 81
Total Payroll $ 222, 438. 98
Total Warrants & Payroll $ 3, 210, 440. 48
Josep . ughes
Cit anager
Chuck Dantuono
Director of Administrative
Services/ City Treasurer
-2-
08/ 08/ 2022 3: 48: 40PM
Bank code :
Description/ Account
8/ 9/ 2022 000165 AT& T CORP YARD - AUG
CORP YARD - AUG
004. 8310. 4060
8/ 9/ 2022 000165 AT& T CITY HALL - AUG
CITY HALL - AUG
042. 9510. 4060
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0 8/ 9/ 2022 002921 C& M WEED ABATEMENT
001. 4600. 4545
8/ 9/ 2022 005926 CALIFORNIA INTERGOVERNMENTAL FY 22/ 23 DEADLY WEAPONS PREMIUM FY 22/ 23 DEADLY WEAPONS PREMIUM
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CO
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8/ 9/ 2022 006099 CHARTER COMMUNICATIONS POLICE - TELE/ INT SERVICE - AUG CO
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-87-
STAFF REPORT
TO THE CITY COUNCIL
DATE: September 13, 2022
FROM: Joseph A. Hughes, City Manager
PREPARED BY: Chuck Dantuono, Director of Administrative Services/ City Treasurer SUBJECT: Treasurer' s Report for July 2022
RECOMMENDATION: City Council to receive and file the Treasurer' s Report for July 2022 FISCAL IMPACT: Cash and Investments:
General Fund $ 11, 647, 970.73
Special Revenue Funds $ 38, 894, 138. 77
Internal Service Funds $ 3, 882, 666.43
Capital Projects Funds $ 18, 935, 403. 59
Agency Funds $ 1, 604, 721. 79
Housing Authority Fund $ 3, 640, 878. 37
SARDA Funds $ 3, 565, 081. 11
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
Denied
Continued
Tabled
Motion Second Agenda Item No.
Ayes
Noes
Abstain
Absent
File No.
City Clerk City Manager
-1-
CITY OF HIGHLAND
Treasurer' s Report
as of July 31, 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
28, 131, 812. 94
98, 270. 99
MATURITY PAR ORIGINAL
PERIOD YIELD VALUE COST
INVESTMENTS: LOCAL GOVERNMENT INVESTMENT POOLS
California Treasurers Local Agency Investment Fund ( LAIF) n/ a 1. 090% General Fund
Special Revenue Funds
Internal Service Funds
Capital Projects Funds
Housing Authority Fund
Total City LAIF Funds
5, 784, 104. 32
17, 769, 986. 00
4, 412, 237. 00
12, 884, 076. 00
40,850, 403. 32
3, 564, 505. 83
Total Housing Authority LAIF Funds 3, 564, 505. 83
Total LAIF Funds 44, 414, 909. 15
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 June 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, 843, 085. 58 ($ 44, 414, 909. 15 x 0. 987125414).
California Asset Management Program ( CAMP) n/ a 1. 640% General Fund
Special Revenue Funds
Capital Projects Funds
INVESTMENTS: FISCAL AGENT ACCOUNTS
132, 267. 19
1, 560, 078. 00
5, 721, 883. 00
Total CAMP Funds 7, 414, 228. 19
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% 94, 438. 87 94, 438. 87 Fire Protection Expense Fund # 128262- 012
US Bank Money Market Account CUSIP # 8AMMFOAP6 n/ a 0. 00% 3, 037. 36 3, 037. 36 Police Protection Expense Fund # 128262- 013
US Bank Money Market Account CUSIP # 8AMMFOAP6 n/ a 0. 00% 1, 123. 42 1, 123. 42 Community Facilities District ( CFD) 2001- 1
Special Tax Fund # 217795000
US Bank Money Market Account CUSIP # 8AMMFOAP6 n/ a 0. 00% 357, 044. 63 357, 044. 63 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% 13, 921. 82 13, 921. 82 Community Facilities District ( CFD) 2007- 1
Administrative Expense Fund # 260722000
US Bank Money Market Account CUSIP # BAMMF0390 n/ a 0. 00% 8, 543. 76 8, 543. 76 Fire Expense Fund # 260722001
US Bank Money Market Account CUSIP # 8AMMF0390 n/ a 0. 00% 0. 47 0. 47 Police Expense Fund # 260722002
US Bank Money Market Account CUSIP # 8AMMF0390 n/ a 0. 00% 0. 73 0. 73 TOTAL INVESTMENTS US BANK ( COMMUNITY FACILITIES DISTRICTS) 478, 111. 06 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. 82% 167, 21 167. 21 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. 82% 176, 424. 30 176, 424. 30 2015A Tax Allocation Refunding Bonds
Special Fund 268777000
Federated Treasury Obligations CUSIP # 60934N872 n/ a 1. 82% 46. 02 46. 02 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. 82% 957, 814. 06 957, 814. 06 Expense Account 268777006
Federated Treasury Obligations CUSIP # 60934N872 n/ a 1. 82% 13, 517. 48 13, 517. 48 2017 Tax Allocation Refunding Bonds
Debt Service Fund 259928000
Federated Treasury Obligations CUSIP # 60934N872 n/ a 0. 00% Interest Fund 259928001
Federated Treasury Obligations CUSIP # 60934N872 n/ a 1. 82% 484, 409. 38 484, 409. 38 Principal Fund 259928002
Federated Treasury Obligations CUSIP # 60934N872 n/ a 0. 00% TOTAL INVESTMENTS US BANK ( SARDA) 1, 632, 378. 46
TOTAL CASH AND INVESTMENTS 82, 170, 860. 79
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 the xt six month' s estimated expenditures. This report is in accordance with Government Code Section 53646.
SIGNED: GNED: - K35k—
Josep . Hs Chuck Dantuono
CITY M • • GER DIRECTOR OF ADMINISTRATIVE
SERVICES/CITY TREASURER
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DATE:
FROM:
PREPARED BY:
SUBJECT:
STAFF REPORT
TO THE CITY COUNCIL
September 13, 2022
Joseph A. Hughes, City Manager
Chuck Dantuono, Director of Administrative Services/City Treasurer Year-end budget adjustments for fiscal year 2021/ 2022.
RECOMMENDATION: The Finance Subcommittee recommends that the City Council approve the year-end budget adjustments for fiscal year 2021/ 2022.
FISCAL IMPACT: See the attached spreadsheet for a detailed list of each budget adjustment.
PUBLIC NOTICE: The agenda for this item was posted at the three required locations.
BACKGROUND: The following budget adjustments were reviewed and approved by the Finance Subcommittee on September 6, 2022.
Expenditures:
General Government — Transfers of $ 17, 615, $ 213, 540, $ 1, 500, 000, and $ 675, 000 were made to the Traffic Safety fund, the Landscape Maintenance District fund, the General Capital Financing fund and the General Services fund, respectively, to help fund current and/ or future expenditures in these funds.
The total of $2, 406, 155 will come from 001- 2100 (fund balance).
Engineering — An unforeseen and unbudgeted Plan B expenditure in the amount of $ 31, 715 was incurred this past fiscal year. Also, Engineering went over in their Contract Services -Engineering Projects line item by $ 96, 500. However, these expenditures will be made up by developer fees paid.
The funds for the Plan B expenditures of $31, 715 will come from 001- 2516 ( Mining Tax -Fund Balance).
Code Enforcement — Code Enforcement went over budget in three line items; Contract Services - Attorney by $ 19, 500, Contract Services -Code Enforcement by $ 66, 500 and Contract Services -Board Secure by $ 7, 500. These funds ($ 93, 500) will come from 001- 2100 ( fund balance).
Graffiti — An unforeseen vehicle maintenance issue ( engine) on the graffiti truck caused this line item to go over budget. Staff chose to fix the problem over purchasing a new truck. These funds ($ 3, 925) will come from 001- 2100 (fund balance).
Approved Motion Second Agenda Item No. Cr
Denied Ayes
Continued Noes File No.
Tabled Abstain
Absent
City Clerk City Ma
-1-
Gas Tax — Gas Tax went over budget on Contract Services -Signals by $ 73, 000 and Traffic Improvements by $ 730, 000. The Traffic Improvements were budgeted in a prior year and the signal maintenance repairs were unforeseen. These funds ($ 803, 000) will come from 004- 2100 ( fund balance).
Development Impact Fees — Construction on the Base Line Interchange project was budgeted for in the prior year. These funds ($ 2, 975, 000) will come from 007- 2100 ( fund balance).
Street Light District — More maintenance work on streetlights were performed due to needed repairs and accidents. Staff will be reimbursed by the insurance companies for the repairs that were due to accidents. These funds ($ 24,000) will come from 013- 2100 (fund balance).
Park Maintenance District — Water usage in the PMD fund was higher than budgeted. These funds 3, 500) will come from 016- 2100 ( fund balance).
COPS — More grant funds ($ 1, 330) were received than expected, so they were expended. A budget adjustment for the revenue side is included in the revenue section as well.
Revenues:
Traffic Safety — This is the revenue side of the transfer ($ 17, 615) from the General Fund.
LMD — This is the revenue side of the transfer ($ 213, 540) from the General Fund.
COPS — This is the revenue side of the COPS grant expenditures ($ 1, 330).
General Capital Financing — This is the revenue side of the transfer ($ 1, 500, 000) from the General Fund.
General Services — This is the revenue side of the transfer ($675, 000) from the General Fund. -2-
City -Fiscal Year 2021/ 2022 Year -End Budget Adjustments - Expenditures General Fund
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-4-
DATE:
FROM:
REVIEWED BY:
PREPARED BY:
SUBJECT:
STAFF REPORT
TO THE CITY COUNCIL
September 13, 2022
Joseph Hughes, City Manager
Carlos Zamano, Public Works Director/City Engineer
Jim Richardson, Public Works Manager 9
Contract Award — Pavement Repair Work
RECOMMENDATION: That the City Council award a contract to Mike Roquet Construction, Inc. in the amount of $ 25, 627 for asphalt repair work on San Francisco and Fleming Streets to resolve excessive standing water issues at the two locations.
FISCAL IMPACT: $ 25,627 will be paid from Measure I Funds.
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: After receiving complaints from area residents of excessive standing water at the two locations at the intersection of San Francisco Street and San Francisco Court, and the corner of Flaming Street and San Francisco Street, staff requested informal quotes from Mike Roquet Construction and All American Asphalt to make the necessary repairs. The City has worked with both of these contractors on similar projects in the past and they have performed satisfactorily. Mike Roquet Construction was the low bidder for both locations. The break down of the bids are as follows:
Location #1 Fleming Street at San Francisco
1) Mike Roquet Construction, Inc - $ 13, 507
2) All American Asphalt - $ 38, 318
Attachments: Exhibit A — Location # 1
Exhibit B - Location # 2
Location#2 San Francisco Street at San Francisco Court
1) Mike Roquet Construction, Inc. $ 12, 120
2) All American Asphalt - $ 12, 530
M:\ Maintenance\ Pavement Repairs\ San Francisco St. - Fleming St. - San Francisco Ct\ Asphalt Repair Work at San Francisco Street and Flemming Street Locations September 2022. doc Approved Motion
Denied Ayes
Continued Noes
Tabled Abstain
Absent
qLhtil
City Clerk
Second Agenda Item No.
File No.
City Manager
-1-
EXTENT OF
REMOVALS
AN FRANCISCO ST
1//////)
EXHIBIT A
1130+ I 1 1 I 1 I 1 I
7+ 00 8+ 00
1' asphalt patchback to curb
2' grind & overlay, 2" deep
Remove & replace asphalt
9+ 00
-2-
-3-
b4 STAFF REPORT
TO THE CITY COUNCIL
DATE: September 13, 2022
FROM: Joseph Hughes, City Manager
REVIEWED BY: Lawrence A. Mainez, Community Development Director PREPARED BY: Kim Stater, Assistant Community Development Director SUBJECT: Extend a Professional Services Contract to Dudek to amend the City' s recently adopted 6th Cycle General Plan Housing Element.
RECOMMENDATION: Staff recommends the City Council:
1. Amend the Scope of Work and Budget of a Professional Service Contract with Dudek to address HCD comments on
the City' s 6th Cycle Housing Element in an amount not to exceed $ 21, 820; and
2. Approve the following budget adjustment for Fiscal Year 2022- 2023. Transfer $ 21, 820 from 001- 2100 ( General Fund -Fund Balance) to be expended from 001- 4100- 4662 Contract Services -Housing Element).
FISCAL IMPACT: On June 23, 2020, the City Council awarded a Professional Services Contract to Dudek in the amount of $ 128,610 to assist the City with its update of the 6th Cycle Housing Element as well as the Public Health/ Safety/ Environmental Justice Element. Concurrently, the City was awarded a Senate Bill ( SB) 2 Grant in the amount of 160, 000 to offset costs. The work was completed by Dudek as contracted, and the City billed the state for the full contract amount of $ 128, 610.
Additionally, the 2021/ 2022 Budget included $ 10, 000 under Planning Contract Services Housing Element ( Account No. 001- 4100- 4662) for use during the 2021 Fiscal Year. These funds were not utilized during 2021 because the prior costs were covered by the SB 2 Grant. Because there are no remaining funds available through the grant, services under the proposed contract extension by Dudek must be paid from the General Fund. The additional work is anticipated to cost $ 21, 820. Staff recommends a budget adjustment in the of $21, 820 for fiscal year 2022/ 2023
Approved
Denied
Continued
Tabled
Motion Second Agenda Item No.
Ayes
Noes
Abstain
Absent
Clty Clerk City Manager
File No.
-1-
PUBLIC NOTICE: 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 and on the City's Website.
BACKGROUND: Dudek assisted the City in preparing the 6th Cycle Housing Element as well as the updated Public Health/ Safety/ Environmental Justice Element. Both Elements were adopted by the City Council on January 26, 2022. The Housing Element was submitted to the California Department of Housing and Community Development HCD) for review on February 14, 2022. HCD did not certify the Element, but instead provided a comment letter dated April 14, 2022, noting several deficiencies to be addressed Attachment 1 — HCD Correspondence). Please note that the discrepancy in the HCD cover letter relative to the 3, 392 units from Program 5. No such Program exists in the City' s General Plan. This provision may have been a discrepancy from another agency, and staff has requested HCD prepare a corrected/ revised cover letter for the City of Highland. To respond to the letter, additional work on the document is necessary. Staff is requesting approval by the Council to amend the scope of work and approve a budget adjustment for Dudek, the City' s consultant for the project. A copy of Dudek' s proposal is attached Attachment 2).
Attachments: 1. HCD Correspondence
2. Dudek Proposal
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ATTACHMENT 1
HCD Correspondence
-3-
STATE OF CALIFORNIA - BUSINESS CONSUMER SERVICES AND HOUSING AGENCY
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
916) 263- 2911 / FAX ( 916) 263- 7453
www.hcd. ca. gov
April 14, 2022
Lawrence Mainez, Director
Community Development Department
City of Highland
27215 Base Line
Highland, CA 92346
Dear Lawrence Mainez:
GAVIN NEWSOM. Governor
RE: City of Highland' s 6th Cycle ( 2021- 2029) Adopted Housing Element Thank you for submitting the City of Highland' s ( City) housing element adopted January 26, 2022 and received for review on February 14, 2022. Pursuant to Government Code section 65585, subdivision ( h), the California Department of Housing and Community Development (HCD) is reporting the results of its review.
The adopted housing element addresses most statutory requirements described in HCD' s October 25, 2021 review; however, additional revisions are necessary to fully comply with State Housing Element Law ( Article 10. 6 of the Gov. Code), see enclosed Appendix.
For your information, pursuant to Assembly Bill 1398 ( Chapter 358, Statutes of 2021), as the City failed to adopt a compliant housing element within 120 days of the statutory deadline ( October 15, 2021), Program 5 ( General Plan and Development Code Update) to rezone 3, 392 units to accommodate the regional housing needs allocation ( RHNA) must be completed no later than one year from the statutory deadline. Otherwise, the local government' s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision ( i).
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD' s Affordable Housing and Sustainable Communities programs; and HCD' s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City meets housing element requirements for these and other funding sources.
-4-
Lawrence Mainez, Director
For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor' s Office of Planning and Research at:
http:// opr. ca. qov/ docs/ OPR Appendix C final. pdf and http:// opr.ca. gov/docs/ Final 6. 26. 1 5. pdf.
HCD appreciates the City' s effort throughout the course of the housing element review.
We are committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Reid Miller, of our staff, at Reid. Miller(c hcd. ca. gov.
Sincerely,
Paul McDougall
Senior Program Manager
Enclosure
-5-
APPENDIX
CITY OF HIGHLAND
The following changes are necessary to bring the City' s housing element into compliance with Article 10. 6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.
Housing element technical assistance information is available on HCD' s website at http:// www. hcd. ca. qov/ community- development/ housing- element/ housinq- element- memos. shtml.
Among other resources, the housing element section contains HCD' s latest technical assistance tool, Building Blocks for Effective Housing Elements ( Building Blocks), available at http:// www. hcd. ca. qov/ community- development/ buildinq- blocks/ index. shtml and includes the Government Code addressing State Housing Element Law and other resources.
A. Housing Needs, Resources, and Constraints
1. Affirmatively furthering] fair housing in accordance with Chapter 15 ( commencing with Section 8899. 50) of Division 1 of Title 2... shall include an assessment of fair housing in the jurisdiction. ( Gov. Code, § 65583, subd. ( c)( 10)( A).) Other Relevant Factors: The element provides some analysis of the "Crime Free" ordinance mentioned in Program 2, but it must specifically analyze the program' s impact on affirmatively furthering fair housing ( AFFH) throughout the City. While the element states that the Crime -Free Ordinance Program does not have an implication on affirmatively furthering fair housing in the City because it is not targeting specific groups or classes, the analysis does not analyze the ordinance including rental agreement requirements for potential disproportionate impacts to communities of color, lower -income households, persons with disabilities, and survivors of domestic abuse such as automatic eviction after a certain number of call for emergency/ police service.
Sites Inventory: While the revised element includes some discussion on the site strategy, there is no discussion to discuss the magnitude of the impact of the strategy, including the number of units by income group relative to locations or neighborhoods within the City, including any isolation of the RHNA and then address whether sites exacerbate or improve segregation and integration. The analysis should also evaluate if there is any isolation of regional housing needs allocation ( RHNA) for each component. Specifically, the element identifies most of the sites to meet the lower -income RHNA in neighborhoods west of Boulder which are characterized by lower -opportunity scores and high racial and ethnic concentrations. The analysis justifies this placement by stating that the sites inventory improves conditions by identifying sites to accommodate the moderate or above moderate income RHNA. As part of this analysis the element should identify actions to enhance housing mobility to higher resourced areas of the City, new housing choices and affordability in high opportunity areas, place -based strategies for community preservation and revitalization ( including emphasis on concentrated areas of poverty) and displacement protection.
Highland' s 6th Cycle Adopted Housing Element Page 1
April 15, 2022
-6-
Goals, Priorities, Metrics, and Milestones: Goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Actions must have specific commitment, metrics, and milestones. Action should also explicitly AFFH by, for example, targeting geographic areas of higher need or lower - income or housing opportunities in higher opportunity areas. Finally, actions must address housing mobility enhancement, new housing choices and affordability in high opportunity areas, place -based strategies for community preservation and revitalization ( including emphasis on concentrated areas of poverty) and displacement protection. Please see HCD' s prior review for additional information.
2. An analysis ofpotential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph ( 1) of subdivision ( c), and for persons with disabilities as identified in the analysis pursuant to paragraph ( 7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures... ( Gov. Code, § 65583, subd. a) (5).)
Design Review: The element includes additional information regarding the City' s design review process, concludes that the process is not a constraint but does not analyze the potential impact of the subjective standards on approval certainty, cost, supply, timing, and other relevant factors. Specifically, the element should analyze the following review criteria:
The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring existing or future developments and will not create a traffic or pedestrian hazard.
The design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain a harmonious, orderly, and attractive development.
The design of the proposed development would provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance.
Housing for Persons with Disabilities:
Reasonable Accommodation: The element was revised to describe the typical finding for approval of a reasonable accommodation request. However, the element must analyze those finding to ensure that they do not potential constrain housing for persons with disabilities. In particular, the element must evaluate findings related to potential impact on surrounding uses, and physical attributes of the property and structures for consistency with fair housing requirements and current HUD/ DOJ guidance.
Constraints on Housing for Persons with Disabilities: While the element was revised to include Housing Program 18 ( Residential Care Facilities) to permit residential care Highland' s 6th Cycle Adopted Housing Element Page 2
April 15, 2022
-7-
facilitates serving seven or more in at least one zone without discretion, it is unclear if this zoning modification is for licensed care facilities and if the City distinguishes unlicensed group homes from other types of housing. As a reminder zoning and standards should simply implement a barrier -free definition of family instead of subjecting, potentially persons with disabilities, to special regulations. Zoning code regulations that isolate and regulate various types of housing for persons with disabilities based on the number of people and other factors may pose a constraint on housing choice for persons with disabilities.
Crime Free Ordinance: While the adopted element revised Program 2 to provide further analysis on the impact of the City' s " Crime Free" ordinance as a potential governmental constraint for housing for persons with disabilities, the program must still address the following:
whether the program or ordinance applies to both renters and homeowners, whether the program or ordinance is enforced against federally subsidized properties, or against housing that serves specific populations (e. g., people reentering from contact with the criminal legal system or housing serving people with mental health or developmental disabilities), and
whether the program or ordinance requires or encourages property owners to conduct a criminal background check what conduct is covered by the ordinance/ policy, and what locations of alleged criminal activity the ordinance covers ( e. g., on the premises or off premises).
3. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision ( c) of Government Code section 65583. 2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality' s share of the regional housing need in accordance with Government Code section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the locality' s planning for the development of housing for all income levels and the construction of that housing. ( Gov. Code, § 65583, subd. ( a)( 6).) Requests for Lower Density, Permit Times, and Efforts to Address Nongovernmental Constraints: The adopted element was largely not revised to meet this requirement.
Please see HCD' s prior review.
B. Housing Programs
1. The Housing Element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderate -income households. ( Gov. Code, § 65583, subd. ( c)( 2).)
Highland' s 6th Cycle Adopted Housing Element Page 3
April 15, 2022
-8-
While the adopted element has been revised to include a descriptor in several programs identifying housing for extremely low- income ( ELI) being of particular importance, it does not say how the City will incorporate the need for extremely -low income housing as it implements the programs. For example, the City could prioritize funding for projects that have a certain percentage of housing set -aside for ELI units, or could identify special incentives or concessions. Programs that should be modified to provide a specific commitment include Program 4 ( Inclusionary Housing), Program 5 ( Impact Fees), Program 20 ( Affordable Housing Partnerships), and Program 22 ( Collaborative Partnerships). .
2. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities.
The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. ( Gov. Code, § 65583, subd. ( c)( 3).) As noted in Finding A2 and A3, the element requires a complete analysis of potential governmental and non -governmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints. In addition, the element must be revised, as follows:
Transitional and Supportive Housing: While the adopted element has been revised to address some of the concerns in HCD' s October 25, 2021 review, it should be noted again that transitional and supportive housing must be permitted as a residential use in all zones and only subject to those restrictions that apply to other residential dwellings of the same type in the same zone pursuant to Government Code section 65583( c)( 3). While Program 19 includes a commitment to allow transitional housing in this manner, it must also include supportive housing.
3. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2. 8 commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. ( Gov. Code, § 65583, subd. ( c)( 5).) As noted in Finding Al, the element must include a complete analysis of AFFH. Based on the outcomes of that analysis, the element must add or modify programs to have clear timelines and quantifiable outcomes or metrics, and to enhance housing mobility strategies, encourage development of new affordable housing in high resource areas, improve place -based strategies to revitalize neighborhoods, and protect residents from displacement.
4. Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate -income households. For purposes of this paragraph, Highland' s 6th Cycle Adopted Housing Element Page 4
April 15, 2022
-9-
accessory dwelling units" has the same meaning as "accessory dwelling unit" as defined in paragraph (4) of subdivision (i) of Section 65852.2. ( Gov. Code, § 65583, subd. (c)( 7).) While the adopted element has been revised to add a program to include incentives to promote the creation and affordability of accessory dwelling units (ADU), the implementation timeline of Fall 2026 for the ADU incentive program, to have a beneficial impact on the planning period, should be revised with an earlier date in the planning period.
Highland' s 6th Cycle Adopted Housing Element Page 5
April 15, 2022
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ATTACHMENT 2
Dudek Proposal
-11-
Cover Letter
Dudek appreciates the opportunity to continue our work with the City of Highland on the 6th Cycle Housing Element. Our team understands the context of housing needs and opportunities in the City and is pleased to assist the City in the preparation of the revisions needed for the State' s final review of the Housing Element.
Our team understands that the 6th cycle housing element certification process is complicated and can vary for each jurisdiction based on reviewer interpretation. We are experienced in navigating the certification and coordination process between jurisdictions and HCD, and we understand the level of analysis and programmatic detail that are necessary to achieve housing element certification. Our team will assist the City with revisions and recommendations that will be needed to achieve certification from the State.
We understand that HCD' s certification process is iterative and relies heavily on the context and needs of each jurisdiction, and therefore we cannot guarantee certification. However, in our experience, we know that certification can be achieved through strong explicit commitments from jurisdictions to address housing needs and challenges. Our team is well equipped to advise City staff on needed revisions and next steps to finalize the housing element.
Scope
Task 7 — (augment to existing scope)
Task 7. 1— Revisions and Response to Comment
Dudek assumes the comments received in HCD' s April 15, 2022, letter will be addressed as follows:
A. Housing Needs, Resources, and Constraints
City staff will address all revisions necessary to address HCD' s comments related to the City' s Crime Free Multi -Family Housing Program, including under Finding Al (e. g., Other Relevant Factors) and A2 ( e. g., Crime Free Ordinance) of HCD' s letter.
Dudek will work in concert with City staff to address comments related to the Sites Inventory and Goals, Priorities, Metrics and Milestones under Finding Al of HCD' s letter. As part of these revisions, Dudek assumes no further sites will be identified for the sites inventory and any changes to support the sites identified in the inventory will be at the programmatic level as recommended by Dudek staff. Dudek staff will work with City staff to revise programs by incorporating actions that affirmatively further fair housing and have specific quantifiable commitments, metrics, and milestones. Based on these revisions, Dudek staff will incorporate a Matrix of Contributing Factors and Actions which includes identified Fair Housing Issues, Contributing Factors to Fair Housing Issues, and Affirmatively Furthering Fair Housing Actions as required to comply with Housing Element requirements.
City staff will address all revisions necessary under Finding A2 of HCD' s letter, including findings related to the City' s Design Review and housing for persons with disabilities. Dudek staff will provide recommended program revisions to Programs 17 and 18 as they relate to addressing HCD' s comments for reasonable accommodation procedures and residential care facilities under Finding A2. -12-
Dudek staff will work with City staff to make necessary revisions to the element under Finding A3 of HCD' s letter related to requests for lower densities, and permit times.
B. Housing Programs
Dudek staff will assist with programmatic revisions to the element to address comments related to extremely low- income households, transitional and supportive housing, and clear timelines and quantifiable outcomes and metrics to AFFH under Findings B1, B2 and B3 of HCD' s letter. Dudek assumes City staff will provide a revised date for Program 12 to comply with Finding B4 of HCD' s letter, which Dudek will incorporate into the revised draft.
In addition, Dudek will prepare a response to comment matrix to include with the revisions to the element. Dudek will work in concert with City staff to complete the response to comment matrix, which will include a brief description of how each comment in HCD' s letter has been addressed.
7. 2 HCD Coordination, Meetings and Submission to HCD
Dudek will create a final redline version and a clean final version of the revised housing element based on the tasks outlined in 7. 1. for the City to post in accordance with housing element law (AB 215).
Dudek will package the final revised housing element including the redline version, signed and adopted resolution, a cover letter signed by the City, and the comment matrix. Dudek will submit the final revised package to HCD as a hard copy sent via mail and an electronic copy via email.
Assumptions:
1 meeting with HCD staff
2 meetings with City staff
Consolidated comments from the City in Word document shall be received by Dudek staff prior to meetings.
Dudek assumes this is the final submittal for HCD review.
Budget
7. 1 Revisions and Response to Comment
40 hours — Elizabeth: ( 40 hours x $ 175) $ 7, 000
50 hours — Erika ( 50 hours x $ 165) $ 8, 250
7. 2 Project Management/ Meetings ( HCD Coordination, Repackaging and submission to HCD) 10 hours — Asha ( 10 hours x $ 265) $ 2, 650
16 hours — Erika/ Elizabeth ( 16 hours x $ 170) $ 2, 720 8 hours — pubs and mailing ( 8 hours x $ 150) $ 1, 200
TOTAL $ 21, 820
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DATE:.
FROM:
PREPARED BY:
SUBJECT:
RECOMMENDATION:
FISCAL IMPACT:
PUBLIC NOTICE:
BACKGROUND:
STAFF REPORT
TO THE CITY COUNCIL
September 13, 2022
Joseph A. Hughes, City Manager
Chuck Dantuono, Director of Administrative Services/ City Treasurer Amendment to the Agreement for Specified Payments In -Lieu of Transient Occupancy Taxes ( TOT) between San Manuel Band of Mission Indians and the City of Highland.
The City Council authorize the City Manager to execute the Amendment to Agreement for Specified Payments In -Lieu of Transient Occupancy Taxes TOT) between San Manuel Band of Mission Indians and the City of Highland.
The City would continue to receive $ 225,000 annually for the next 5 years In - Lieu of Transient Occupancy Taxes.
The agenda for this item was posted at the three required locations.
On February 13, 2018, the City Council entered into an Agreement with the San Manuel Band of Mission Indians where the City would receive $ 225, 000 per year, for 5 years, in - lieu of Transient Occupancy Taxes from the Hotel ( then known as Sleeping Bear Hotel) owned by San Manuel located at 27959 Highland Avenue (southeast corner of Highland Avenue/Boulder Avenue).
In 2018, San Manuel terminated their agreement with the then, Hampton Inn, and had full discretion to charge for rooms or to comp the hotel rooms. Knowing this could impact Highland revenues, San Manuel offered the Agreement to help offset potential revenue losses to Highland with this guaranteed revenue stream. San Manuel made the fifth and final payment of the Agreement on July 1, 2022. Staff was contact by San Manuel recently to see if Highland was interested in amending the Agreement to add an additional 5 years at $ 225,000 annually. The City Attorney has reviewed the Amendment and has approved as to form.
Attachment A -Original Agreement
Attachment B- Proposed Amendment
Approved Motion Second Agenda Item No.
Denied Ayes
Continued Noes
Tabled Abstain
Absent
City Clerk
File No.
City Manager
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Attachment A
Original Agreement
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This Agreement for Specified Payments In Lieu of Transient Occupancy Taxes Agreement'') is entered into this 13th day of February, 2018 (" Effective Date"), by and between the San Manuel Band of Mission Indians (" San Manuel") and the City of Highland, a California municipal corporation (" City"). San Manuel and the City are referred to collectively un this Agreement as the " Parties" and individually as a " Party."
RECITALS
A. A San Manuel Affiliate (as defined below) is the owner of the Hampton Inn & Suites Hotel located at 27959 Highland Avenue in the City of Highland, California (the Hotel")
B. Currently, the Hotel collects and pays the City Transient Occupancy Taxes (" TOT'') pursuant to Chapter 3. 20 of the Highland Municipal Code.
C San Manuel prefers to provide specified, generally equivalent, payments of revenue to City in lieu of collecting and remitting TOT.
D City is willing to accept such specified payments in lieu of collecting any TOT that might be due from occupancy at the Hotel while San Manuel or a San Manuel Affiliate owns a NOW, THEREFORE, in exchange for the mutual commitments and other good and valuable consideration, the receipt and sufficiency of which are mutually acknowledged by the Parties, the Parties agree as follows
AGREEMENT
1. Recitals. The Parties adopt the Recitals as set forth above and incorporate them into this Agreement as if restated in full
2. San Manuel Affiliate. A San Manuel Affiliate shall include any corporation, partnership, limited liability company, tribal instrumentality, or other entity that is more than fifty percent owned by San Manuel either directly or indirectly through one or more other entities
3. Payment in Lieu of TOT Revenue. San Manuel agrees to make an annual payment to the City in an amount equal to $ 225, 000. 00 in lieu of collecting and remitting any TOT due while San Manuel or a San Manuel Affiliate owns the Hotel Said payment shall be made to the City without any invoice from the City not later than the July 1st
4. Other Tax Revenue. This Agreement applies only to TOT revenue To the extent any sales or other tax revenue is generated at the Hotel or from the Hotel property, said taxes shall remain due and owing the City in accordance with the laws of the State of California, the County of San Bernardino, and the City of Highland, and shall not be affected by this Agreement
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11026- 0001\ 2125786v1 doc
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5. Agreed Amount. The Parties agree that the sums paid pursuant to this Agreement represent the Parties' agreement ofthe TOT amounts that would otherwise be collected by the Hotel. Each annual payment specified in Section 2, above, is intended to represent a payment in advance for the calendar year following the payment It is the intent ofthe Parties that this Agreement applies only to San Manuel or a San Manuel Affiliate as the owner ofthe Hotel, and not to any other owner ofthe Hotel. The amount agreed herein is not intended to, and does not, apply to amounts that might be owed by any previous owner ofthe Hotel, which City may collect from such previous owner if due.
6. Term. The Term ofthis Agreement shall be five ( 5) calendar years from the Effective Date. The Term may be extended by mutual agreement ofthe Parties This Agreement shall automatically terminate upon the transfer of ownership or control of the Hotel from San Manuel or a San Manuel Affiliate to any entity that is not San Manuel or a San Manuel Affiliate San Manuel shall provide notice to the City of any such transfer within thirty ( 30) calendar days following the date of such transfer
7. Use of Funds. There are no conditions of any kind placed by San Manuel on the use of the funds paid hereunder City may use the funds for any lawful purpose at the sole discretion of the City Council.
8. Notices and Payments. Any notice or payment to be provided under this Agreement shall be delivered as follows.
City
Applicant:
9. Miscellaneous.
City of Highland
27215 Base Line
Highland, California 92346
Attn City Manager
San Manuel Band of Mission Indians
26569 Community Center Drive
Highland, California 92346
Attn General Manager
a. No Third Party Beneficiaries. This Agreement is not intended nor shall it be construed to create any third party beneficiary rights in any person or entity who is not expressly made a Party and signatory to this Agreement b Assignment. This Agreement is made by and between the Parties identified herein and may not be assigned without the written consent of both Parties, except that San Manuel may assign this Agreement without consent to a San Manuel Affiliate. -4-
c Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws ofthe State of California applicable to contracts entered into and to be performed in California
d. Severability. Ifany provision ofthis Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall nonetheless remain in full force and effect e Counterparts. This Agreement and any and all amendments thereto may be executed in counterparts, and all counterparts together shall be construed as one document
f Entire Agreement. This Agreement constitutes the entire agreement between the contracting parties concerning the subject matter hereof All prior agreements, discussions, representations, warranties and covenants are merged herein There are no warranties, representations, covenants or agreements, express or implied, between the parties except those expressly set forth in this Agreement Any amendments or modifications ofthis Agreement shall be in writing and executed by the contracting parties.
IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement as ofthe Effective Date.
The San Manuel Band of Mission Indians CITY OF HIGHLAND By By , ; -,
seph A. Hughes, City Manager
APPROVED
By.
teele, City Attorney
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Attachment B
Proposed Amendment
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Amendment to the Agreement for Specified Payments In Lieu of Transient Occupancy Taxes
This Amendment to the Agreement for Specified Payments In Lieu of Transient Occupancy Taxes ( this " Amendment") is made and entered into as of September 13, 2022 (" Amendment Effective Date"), by and between the San Manuel Band of Mission Indians, a federally recognized Indian tribe (" San Manuel") and the City of Highland, a California municipal corporation (" City").
San Manuel and the City are referred to collectively in this Agreement as the " Parties" and individually as a " Party."
RECITALS
A. WHEREAS, San Manuel and City are parties to the Agreement for Specified Payments In Lieu of Transient Occupancy Taxes (" Agreement") entered into on February 13, 2018, pursuant to which City agreed to accept an annual payment to the City by San Manuel in an amount equal to $ 225, 000. 00 in lieu of collecting and remitting any Transient Occupancy Taxes (" TOT") pursuant to Chapter 3. 20 of the Highland Municipal Code with respect to the Hampton Inn & Suites Hotel, now known as the Bear Springs Hotel Hotel"), located at 27959 Highland Avenue in the City of Highland, due while San Manuel or a San Manuel Affiliate owns the Hotel.
B. WHEREAS, San Manuel has diligently provided specified payments of revenue to City in lieu of collecting and remitting TOT as required under the Agreement.
C. WHEREAS, the City is willing to continue accepting such specified payments in lieu of collecting any TOT that might be due from occupancy at the Hotel while San Manuel or a San Manuel Affiliate owns it.
NOW, THEREFORE, in exchange for the mutual commitments and other good and valuable consideration, the receipt and sufficiency of which are mutually acknowledged by the Parties, the Parties desire to extend the Agreement and agree as follows:
AGREEMENT
1. Recitals. The Parties adopt the Recitals as set forth above and incorporate them into this Amendment as ifrestated in full.
2. Term. The Term of the Agreement shall be extended for five ( 5) calendar years from the end of the initial Term to be ten ( 10) calendar years from the Effective Date of the Agreement. The Term may be extended by mutual agreement of the Parties.
The Agreement, as amended by this Amendment, shall automatically terminate upon the transfer of ownership or control of the Hotel from San Manuel or a San Manuel Affiliate to any entity that is not San Manuel or a San Manuel Affiliate. San Manuel shall provide notice to the City of any such transfer within thirty ( 30) calendar days following the date of such transfer.
3. Effect on Agreement. Except as specifically amended by this Amendment, all terms of the Agreement are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Items capitalized but not defined herein shall have the same meaning as set forth in the Agreement.
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4. Miscellaneous.
a. No Third Party Beneficiaries. This Amendment is not intended nor shall it be construed to create any third party beneficiary rights in any person or entity who is not expressly made a Party and signatory to the Agreement. b. Governing Law. The Agreement, as amended by this Amendment shall be governed by and interpreted in accordance with the laws of the State of California applicable to contracts entered into and to be performed in California. c. Severability. If any provision of the Agreement, as amended by this Amendment, is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Agreement shall nonetheless remain in full force and effect.
d. Counterparts. This Amendment may be executed in counterparts, and all counterparts together shall be construed as one document. e. Entire Agreement. The Agreement, as amended by this Amendment, constitutes the entire agreement between the contracting Parties concerning the subject matter hereof. All prior agreements, discussions, representations, warranties and covenants are merged herein. There are no warranties, representations, covenants or agreements, express or implied between the Parties except those expressly set forth in the Agreement, as amended by this Amendment.
Signature Page Follows]
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IN WITNESS WHEREOF, the Parties hereto have duly executed this Amendment as ofthe Amendment Effective Date.
San Manuel Band of Mission Indians City of Highland
Approved as to form:
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DATE:
FROM:
REVIEWED BY:
PREPARED BY:
SUBJECT:
RECOMMENDATION:
FISCAL IMPACT:
STAFF REPORT
TO THE CITY COUNCIL
September 13, 2022
Joseph A. Hughes, City Manager
Lawrence A. Mainez, Community Development Director
Kim Stater, Assistant Community Development Director
Community Development Block Grant ( CDBG) Subrecipient
Contract between the City of Highland and Highland District Council on Aging, Inc. to provide for senior programs, activities, and services to improve quality of life, physical fitness, social programs, daily interaction, and nutrition to low- and moderate - income seniors.
Staff recommends the City Council approve the Contract and authorize execution by the Community Development Director.
The City of Highland participates as a ` Joint -Applicant' with the County of San Bernardino to receive CDBG funding from the Federal Department of Housing and Urban Development ( HUD). In Fiscal Year 2022- 2023, Highland will receive an allocation of $ 413, 501.
On February 8, 2022, the City Council held a public hearing to prioritize eligible projects.
The Highland Senior Center was allocated $ 25, 000. The County, through the CDBG Program, will reimburse all City funds used to support the approved Senior Center program.
PUBLIC NOTICE: The City Council Agenda was posted at three locations per City Council Resolution and on the City' s website.
BACKGROUND: HUD requires that the City enter a contract with the Senior Center prior to disbursement of funds. The purpose of the contract is to address the scope of service and terms and conditions including records, reporting, program income, and other prescribed items.
Attachment: Subrecipient Contract between the City of Highland and Highland Senior Center
Approved
Denied
Continued
Tabled
Motion
Ayes
Noes
Abstain
Absent
City Clerk
Second Agenda Item No.
File No.
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SUBRECIPIENT CONTRACT
This Contract is made and entered into, by and between the City of Highland, hereinafter referred to as " CITY", and Highland District Council on Aging, Inc., a non- profit organization, hereinafter referred to as " CONTRACTOR".
WITNESSETH
WHEREAS, CITY has entered into a Contract with the County of San Bernardino Department of Community Development and Housing, hereinafter referred to as " CDH", to execute the CITY' s Community Development Block Grant (CDBG) program under the Housing and Community Development Act of 1974, as amended, hereinafter referred to as the " ACT"; and, WHEREAS, CONTRACTOR desires to participate in the CITY' s CDBG program and is qualified by reason of experience, preparation, organization, staffing, and facilities to provide senior services; and, WHEREAS, on February 8, 2022, the Highland City Council held Public Hearing to allocate the City' s Community Development Block Grant Funds for Fiscal Year 2022-2023. During the hearings, the City allocated $ 25, 000 of CDBG funds to provide life enrichment programs to senior citizens of low- and moderate -income in the City of Highland.
NOW THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived therefrom, the parties agree as follows:
1. SCOPE OF SERVICES
A full description of the services provided in this Contract is contained in Exhibit 1, PROJECT/ACTIVITY DESCRIPTION.
All beneficiaries of the program services shall be low- and moderate -income persons or households, as defined in Section 20, BENEFICIARY QUALIFICATION.
2. TIME OF PERFORMANCE
Said services of CONTRACTOR shall commence July 1, 2022 and shall be completed no later than June 30, 2023.
3. COMPENSATION AND METHOD OF PAYMENT
For performance of such services, CITY shall provide CDBG funds not to exceed $ 25, 000. This payment shall constitute full and complete compensation for CONTRACTOR' s services under this Contract. For the purpose of this Contract, CITY shall disburse compensation and monitor CONTRACTOR' s performance in satisfying the scope of work obligations under the terms of this Contract.
Disbursement of payments to CONTRACTOR shall be made by monthly reimbursements, contingent upon CITY' s receipt of a monthly summary statement for each previous month' s expenditures which conforms to the BUDGET SUMMARY. Monthly expenditure reports shall be documented with " audit ready" supportive evidence of each expenditure and proof of payment, in accordance with United States of America Department of Housing and Urban Development, hereinafter referred to as " HUD" regulations. Reimbursements shall be limited to the total approved, properly documented expenditures. Monthly reimbursements shall be evenly amortized over the remaining term of this Contract unless otherwise approved by CDH. All
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reimbursement requests must be submitted no later than 30 days after the expiration of this Contract. Requests received after said 30- day period shall be considered non -compliant and not eligible for reimbursement under the terms of this Contract. CONTRACTOR shall submit a final request for reimbursement for the program year no later than July 31, 2023. Any balance remaining on this project after that date will be reprogrammed.
CONTRACTOR must submit said monthly expenditure reports by the 10th day of every calendar month regardless of expenditure amount. After receipt by CITY of each properly documented expenditure report, CITY will draw a warrant in favor of CONTRACTOR for the approved expenditure amount. Submittal of an expenditure report after the 10th day of the month, in which payment is requested, will cause unavoidable delays in payment processing.
4. BUDGET SECTION
Variances not exceeding 15% of originally approved budget cost categories identified in Exhibit 2, BUDGET SUMMARY, may be made without the prior approval of the CDH Director or his or her designee. Such variances shall under no circumstances result in a change to the total contract amount.
5. USE OF FUNDS
Funds allocated pursuant to this Contract shall be used exclusively for costs included in CONTRACTOR' s program budget. Contract funds shall not be used as security or to guarantee payments for any non -program obligations, or as loans for non -program activities.
6. BUDGET MODIFICATIONS
The City' s Community Development Director may grant budget modifications to this Contract for the movement of funds within the budget categories identified in Exhibit 2, BUDGET SUMMARY, when such modifications:
a. Exceed 15% of the originally approved amount of one or more budget cost categories and does not exceed $ 10, 000 per budget cost category;
b. Are specifically requested by CONTRACTOR;
c. Do not alter the total amount of compensation pursuant to this Contract; d. Will not change the project goals or scope of services; e. Are in the best interests of CITY and CONTRACTOR in performing said services; and, f. Related to salaries, are in accordance with applicable salary ordinances or laws.
7. CHANGES IN GRANT ALLOCATION
CITY reserves the right to reduce the grant allocation when CITY' s fiscal monitoring indicates that CONTRACTOR' s rate of expenditure will result in unspent funds at the end of the program year.
Changes in the grant allocation will be made after consultation with CONTRACTOR. Such changes shall be incorporated into this Contract by written amendments.
8. REVENUE DISCLOSURE REQUIREMENT
By its execution of this Contract, CONTRACTOR certifies that it has previously filed with CITY, a written statement listing all revenue received, or expected to be received, by CONTRACTOR from federal, state, or county sources, or other governmental or private agencies, and applied or expected to offset in whole or in part any of the costs incurred by CONTRACTOR in conducting current or prospective projects or business activities, including, but not necessarily limited to, the project or business activity which is the subject of this Contract. Such statement shall reflect the name and a description of such project or business activity, the dollar amount of funding provided, or to be provided, by each and every agency to each such project or business activity,
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and the full name and address of each such agency. During the term of this Contract, CONTRACTOR shall prepare and file a similar written statement each time it receives funding from any agency, which is in addition to that revenue disclosed in CONTRACTOR' s initial revenue disclosure statement hereunder. Such statement shall be filed with CITY within 15 calendar days following receipt of such additional funding. CONTRACTOR shall make available for inspection and audit to CITY representatives, upon request, at any time during the duration of this Contract and during a period of five years thereafter, all of its books and records relating to the operation by it of each project or business activity which is funded in whole or in part with governmental monies, whether or not such monies are received through CITY. All such books and records shall be maintained by CONTRACTOR at a location in San Bernardino County.
Failure of CONTRACTOR to comply with the requirements of this section of the Contract shall constitute a material breach of Contract upon which CITY may cancel, terminate, or suspend this Contract.
9. JOINT FUNDING
For programs in which there are sources of funds in addition to CDBG funds, CONTRACTOR shall provide proof of such funding. CITY shall not pay for any services provided by CONTRACTOR, which are funded by other sources. All restrictions and/ or requirements provided in this Contract relative to accounting, budgeting, and reporting applies to the total program regardless of funding sources.
10. PROGRAM INCOME
Program income represents net income directly generated from the use of CDBG funds by CONTRACTOR as a result of the activity funded under the terms of this Contract. When such income is generated by an activity only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. CONTRACTOR shall retain the use of program income by returning program income to CITY and requesting project budget increases for activities authorized under this Contract. Program income shall be returned to CITY within 30 days after: a) disposition or sale of real or personal property occurs or; b) cumulative program income reaches increments of $ 1, 000; or c) the end of each fiscal year. CONTRACTOR shall include in the reports required by Section 21, PROGRAM REPORTING AND RETENTION OF RECORDS, all sources and amounts of program income on a monthly and year- to- date basis.
Program income returned by CITY to CONTRACTOR shall be spent by CONTRACTOR on only those costs authorized under this Contract. All provisions of this Contract shall apply to said use of program income. CONTRACTOR shall account for the receipt and use of program income in such a way that program income is spent on authorized activities before additional CDBG funds are spent.
Any program income on -hand, when this Contract expires or received after such expiration, shall be paid to CITY.
11. FISCAL LIMITATIONS
While not presently anticipated, HUD may, in the future, place programmatic or fiscal limitation( s) on CITY CDBG funds. Accordingly, CITY reserves the right to revise this Contract in order to take account of actions affecting HUD program funding. In the event of funding reduction, CITY may reduce the budget of this Contract as a whole or as to cost category, may limit the rate of CONTRACTOR' s authority to commit and spend funds, or may restrict CONTRACTOR' s use of both its uncommitted and its unspent funds. Where HUD has directed or requested CITY to implement a reduction in funding, in whole or as to cost category, with respect to funding for this Contract, CDH may act for CITY in implementing and effecting such a reduction and in revising the Contract for such purpose. Where CITY has reasonable grounds to question the fiscal accountability, financial soundness, or compliance with this Contract of CONTRACTOR, CITY
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may act to suspend the operation of this Contract for up to 60 days upon three days notice to CONTRACTOR of its intention to so act, pending an audit or other resolution of such questions.
In no event, however, shall any revision made by CITY affect expenditures and legally binding commitments made by CONTRACTOR before it receives notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines.
12. NON -EXPENDABLE PROPERTY
A record shall be maintained for each item of non -expendable property acquired for this program with CDBG funds. This record shall be provided to CITY upon request. Non - expendable property shall include tangible personal property, including but not limited to office equipment, and real property and any interest in such real property, including any mortgage or other encumbrance of real property as well as any funds derived from the sale or disposal of non - expendable property. Any utilization of funds derived from the sale or disposition of non - expendable property must have prior approval of CITY and otherwise comply with all applicable laws and regulations. Upon termination of this Contract, CITY reserves the right to determine the final disposition of said non -expendable property acquired for this program with CDBG funds, including funds derived therefrom. Said disposition may include CITY taking possession of and title to said non -expendable property. Non -expendable personal property means tangible personal property having a useful life of more than one year and an acquisition cost of $ 1, 000 or more per unit.
13. EXPENDABLE PERSONAL PROPERTY
Expendable personal property refers to all tangible personal property other than non -expendable personal property. All purchases of expendable personal property with a unit value of $ 1, 000 or more per unit must have the prior written approval of the CDH Director, or his designee.
14. PURCHASE OR LEASE OF NON -EXPENDABLE PROPERTY OR EQUIPMENT CONTRACTOR shall obtain at least three comparable price quotes and receive CDH approval of the item( s) selected prior to purchasing or leasing any non -expendable personal property or equipment over $ 1, 000 in unit value and having a life expectancy of more than one year. Such property shall be properly identified and inventoried and shall be charged at its actual price deducting all cash discounts, rebates, and allowances received by CONTRACTOR. This inventory shall be provided to CITY upon request.
CONTRACTOR shall obtain written approval from CITY prior to selling or disposing of any non - expendable property or equipment. Any proceeds generated from the sale of such property or equipment shall be subject to the provisions of Section 10, PROGRAM INCOME.
15. ACQUISITION OF SUPPLIES AND EQUIPMENT
CONTRACTOR may purchase from a related agency/ organization only if: ( a) prior authorization is obtained in writing from CITY, ( b) charges do not exceed the authorized amount and minimum written specifications are met, ( c) a community related benefit is derived from such CONTRACTOR related acquisition, and ( d) no conflict of interest for private gain accrues to CONTRACTOR or its employees, agents or officers. CONTRACTOR shall adhere to all applicable procurement standards of 24 CFR Part 84 in the acquisition of supplies and equipment. CONTRACTOR shall submit documentation of the cost and price analysis required in 24 CFR 84. 45 for approval prior to procuring non -expendable property or equipment.
CITY reserves the right to disallow any purchase from any vendor of supplies, equipment, non - expendable property or expendable property which is purchased in whole or in part with funds provided by this Contract. CONTRACTOR may seek prior approval of CITY for any such
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expenditures and prior approval, which is granted shall be binding on CITY unless such expenditure violates federal law or regulations or is disallowed by HUD.
16. PURCHASE AND INVOICE DEADLINES
Purchase of equipment or property must be completed before the last three months of the initial performance period and all equipment bills shall be paid before the last two months of this period.
No expendable or non -expendable property or equipment shall be purchased during the final three months of the initial performance period unless approved by CITY in writing. Invoices for all obligations incurred under this Contract must be submitted to CITY within sixty ( 60) days after the initial performance period termination date or they may not be honored. Exceptions to the preceding limitations require prior written approval by CDH.
17. TRAVEL AND CONFERENCE RESTRICTIONS
CONTRACTOR certifies and agrees that travel and conference expenses for persons other than employees of CONTRACTOR, will not be paid by funds provided through this Contract. No travel expenses for out-of-state travel shall be included in this Contract unless specifically listed in the BUDGET SUMMARY, Exhibit 2, which is attached and incorporated herein. CONTRACTOR further agrees that any travel expense incurred by CONTRACTOR, which is not listed in the BUDGET SUMMARY shall not be paid by funds provided through this Contract unless prior written approval of the CDH Director has been obtained.
18. USE OF FUNDS FOR ENTERTAINMENT, GIFTS, OR FUND RAISING ACTIVITIES CONTRACTOR certifies and agrees that it will not use funds provided through this Contract to pay for entertainment, gifts, or fund raising activities.
19. MONITORING
CITY Community Development Director or his designee will conduct periodic program monitoring reviews. These reviews will focus on the extent to which the planned program has been implemented and measurable goals achieved, effectiveness of program management, and impact of the program. Authorized representatives of CITY, CDH and HUD shall have the right of access to all activities and facilities operated by CONTRACTOR under this Contract. Facilities include all files, records, and other documents related to the performance of this Contract. Activities include attendance at staff, board of directors, advisory committee and advisory board meetings and observation of on -going program functions. CONTRACTOR will permit on -site inspection by CITY, CDH and HUD representatives, and ensure that its employees and board members furnish such information, as in the judgment of CITY and HUD representatives, may be relevant to the question of compliance with contractual conditions and HUD directives, or the effectiveness, legality, and achievements of the program.
20. BENEFICIARY QUALIFICATION
Persons qualifying for program services on the basis of income, hereinafter referred to as BENEFICIARIES, shall have an annual household gross income equal to or less than the U. S.
Department of Housing and Urban Development ( HUD) Section 8 ( of the United States Housing Act of 1937) Income Limits. HUD Section 8 Income Limits for the Riverside -San Bernardino - Ontario, CA MSA, define the maximum annual household gross income for low- and moderate - income households. CONTRACTOR is responsible for obtaining from CITY the said current applicable HUD Section 8 Income Limits for each year of the Contract term identified in Section 2, TIME OF PERFORMANCE.
Under CDBG regulations, the following clientele categories are presumed to be low- and moderate -income persons and can qualify for service regardless of income: abused children;
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battered spouses; elderly persons ( 60 and older); severely disabled adults, homeless persons; illiterate adults; persons living with AIDS, and migrant farm workers. CONTRACTOR shall document the household income of all BENEFICIARIES, by obtaining completed copies of the BENEFICIARY QUALIFICATION STATEMENT", Exhibit 3( a). A Spanish language version of the BENEFICIARY QUALIFICATION STATEMENT, Exhibit 3( b), 2 pages, is attached for convenience, but the CITY cannot guarantee the accuracy of the translation and the CITY cannot be held responsible for any errors. CONTRACTOR shall retain these forms for five ( 5) years after conclusion of this Contract.
21. PROGRAM REPORTING AND RETENTION OF RECORDS
CONTRACTOR agrees to prepare and submit financial, program progress, and other reports as required by HUD, COUNTY, or CITY directives. CONTRACTOR shall maintain such program, property, personnel, financial, statistical and other records, supporting documents, and accounts as are considered necessary by HUD, COUNTY, or CITY to assure proper accounting for all Contract funds. Said records, documents and accounts are to be retained by CONTRACTOR for a minimum of five ( 5) years. The retention period starts from the date the CITY submits its annual performance and evaluation report, as prescribed in 24 CFR 91. 520, in which the service under the terms of this contract is reported on for the final time. Said CITY submission will follow CONTRACTOR' s final submission to CITY of reports identified under this paragraph. Records and accounts subject to litigation or audit must be maintained for five ( 5) years or until the issue is resolved, whichever is longer. Records that pertain to real estate transactions must be maintained for five ( 5) years or the number of years there is an outstanding obligation, whichever is longer. The starting date for retention of records on CDBG- purchased equipment begins at the end of the equipment' s use, when it is disposed of or transferred. The retention period for records relating to program income begins on the last date of CITY's fiscal year in which the income is earned. All CONTRACTOR' s records, with the exception of confidential client information, shall be made available to representatives of CITY and the appropriate federal agencies. CONTRACTOR is required to submit data necessary to complete the Annual Grantee Performance Report in accordance with HUD regulations in the format and at the time designated by the CDH Director or his designee. By the 10th day of each month, CONTRACTOR shall submit a completed MONTHLY PROGRAM PROGRESS REPORT, for the month being reported, and in addition, CONTRACTOR will complete the COMMUNITY BENEFIT REPORT, to report the amount of funds expended, which benefit the residents of the communities that funded this project. CONTRACTOR shall also provide the DIRECT BENEFIT REPORT, as necessary for completion of the Annual Grantee Performance Report.
22. ACCOUNTING
CONTRACTOR must establish and maintain on a current basis an adequate accounting system in accordance with HUD directives and Generally Accepted Accounting Principles.
23. AUDITS
CONTRACTOR is required to arrange for an independent financial audit performed within the direction of Generally Accepted Auditing Standards and Government Auditing Standards. Said audit shall be conducted for the term of this Contract. When CONTRACTOR receives $ 500, 000 or more in federal funds from all funding sources within a fiscal year, the required audit must be performed in compliance with OMB Circular A- 133, Subpart B Section 200( a) Audit Requirements.
CONTRACTOR shall submit a copy of the audit report to CITY within nine months after the end of the audit period. Within 30 days of the submittal of said audit report, CONTRACTOR shall provide to CITY a written response to any concerns or findings identified in said audit report. The response must examine each concern or finding and explain a proposed resolution, including a
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schedule for correcting any deficiency. All actions to correct said conditions or findings shall be taken within six months after receipt of the audit report.
CITY, COUNTY, or any state or federal agency, may make additional audits or reviews, as necessary, to carry out the responsibilities of CONTRACTOR under city, county, state or federal laws and regulations. CONTRACTOR agrees to cooperate fully with all persons conducting said additional audits or reviews. CITY and its authorized representatives shall, at all times, have access for the purpose of audit or inspection, to any and all books, documents, papers, records, property, and premises of CONTRACTOR. If indications of misappropriation or misapplication of the funds of this Contract cause CITY to require an additional audit, the cost of the audit will be encumbered and deducted from this Contract budget.
Should CITY subsequently determine that the additional audit was not warranted, the amount encumbered will be restored to the Contract budget. CONTRACTOR shall reimburse all misappropriation or misapplication of funds to CITY. In the event CITY uses the judicial system to recover misappropriated or misapplied funds, CONTRACTOR shall reimburse CITY legal fees and court costs in addition to awards.
24. ASSIGNMENT
This Contract is not assignable by CONTRACTOR without the express written consent of CITY.
Any attempt by CONTRACTOR to assign any performance of the terms of this Contract shall be null and void and shall constitute a material breach of this Contract.
25. TERMINATION AND TERMINATION COSTS
This Contract may be terminated in whole or in part at any time by either party upon giving a 30- day notice in writing to the other party. Agreement must be reached by both parties as to reasons and conditions for termination in compliance with the provisions of federal regulations at 24 CFR Part 84. 61, Termination for Convenience. CITY is hereby empowered to give said notice subject to ratification by the Highland City Council.
CITY may immediately terminate this Contract upon the termination, suspension, discontinuation or substantial reduction in CDBG funding for the Contract activity or if for any reason the timely completion of the work under this Contract is rendered improbable, infeasible or impossible. If CONTRACTOR materially fails to comply with any term of this Contract, CITY may take one or more of the actions provided under federal regulation at 24 CFR Part 84.62, Enforcement, which includes temporarily withholding cash, disallowing non -compliant costs, wholly or partly suspending or terminating the award, withholding further awards, and other remedies that are legally available. In such an event, CONTRACTOR shall be compensated for all services rendered and all necessarily incurred costs performed in good faith in accordance with the terms of this Contract that have been previously reimbursed, to the date of said termination to the extent that CDBG funds are available from HUD.
26. REVERSION OF ASSETS
Upon Contract termination, CONTRACTOR shall transfer to CITY all CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds.
All real property acquired or improved in whole or in part with CDBG funds under this Contract must continue in the use that provides the service benefits and national objectives for which it was funded, or it must be disposed of in a manner resulting in a reimbursement to CITY in the amount of the current fair market value of the property less any portion thereof attributable to expenditures of non- CDBG funds for the acquisition or improvement of the property.
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27. INDEPENDENT CONTRACTOR
All parties hereto in the performance of this Contract will be acting in independent capacities and not as agents, employees, partners, joint venturers, or associates of one another. The employees or agents of one party shall not be deemed or construed to be the agents or employees of the other party for any purpose whatsoever.
28. CONTRACT COMPLIANCE
CONTRACTOR shall make every effort to ensure that all projects funded wholly or in part by CDBG funds shall provide equal employment and career advancement opportunities for minorities and women. In addition, CONTRACTOR shall make every effort to employ residents of the area and shall keep a record of the positions that have been created directly or as a result of this program.
CONTRACTOR shall comply with Executive Orders 11246, as amended by Executive Orders 11375, 11478, 12086, and 12107, ( Equal Employment Opportunity), Executive Orders 11625, 12138, 12432, 12250, and Executive Order 13279 ( Equal Protection of the Laws for Faith -Based and Community Organizations), Title VII of the Civil Rights Act of 1964, the California Fair Housing and Employment Act, and other applicable federal, state, county, and city laws, regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted.
29. DISCRIMINATION
No person shall, on the grounds of race, sex, creed, color, religion, or national origin, be excluded from participating in, be refused the benefits of, or otherwise be subjected to discrimination in any activities, programs, or employment supported by this Contract.
30. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES
CONTRACTOR agrees that it will not engage in inherently religious activities, such as worship, religious instruction or proselytizing, as part of the activities funded under this Contract. Further, CONTRACTOR agrees that it will not perform or permit political activities in connection with the performance of this Contract. Funds made available under this Contract will be used exclusively for performance of the work required under this Contract and no funds made available under this Contract shall be used to promote any religious or political activities. If CONTRACTOR conducts such activities, the activities must be offered separately, in time or location, from the programs or services funded under this Contract, and participation must be voluntary for the beneficiaries of the CDBG- funded program services.
31. CONFLICT OF INTEREST
CONTRACTOR shall comply with all applicable federal and state laws, regulations and policies governing Conflict of Interest, including state Conflict of Interest regulations found in California Government Code Sections 1090, 1126, 87100 et seq., federal Conflict of Interest regulations found in 24 CFR 570. 611, 85. 36, and 84. 42, and any other applicable policies, rules and regulations related to Conflict of Interest.
Any person who is an employee, agent, consultant, officer, elected or appointed official of CONTRACTOR, who exercises any functions or responsibilities with respect to CDBG- funded activities identified in this Contract and who is in a position to participate in a decision making process or gain inside information with regard to activities identified in this Contract, may not obtain a financial interest or benefit from the CDBG- assisted activities identified in this Contract or any related contract, subcontract, or agreement, either for themselves, an immediate family member or business partner, during his/ her tenure. CONTRACTOR shall maintain written
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standards of conduct governing the performance of their employees engaged in the award and administration of contracts.
32. INTENTIONALLY OMITTED
33. HUD HOLD HARMLESS
CONTRACTOR shall indemnify, defend and hold harmless CITY against any liability, claims, losses, demands, and actions incurred by CITY as a result of the determination by HUD or its successor that activities undertaken by CONTRACTOR under the program( s) fail to comply with any laws, regulations or policies applicable thereto or that any funds billed by and disbursed to CONTRACTOR under this Contract were improperly expended.
34. INDEMNIFICATION
CONTRACTOR agrees to indemnify, defend ( with counsel reasonably approved by CITY and hold harmless the CITY and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the CITY on account of any claim except where such indemnification is prohibited by law.
This indemnification provision shall apply regardless of the existence or degree of fault of indemnitees. CONTRACTOR' s indemnification obligation applies to the CITY ' s " active" as well as passive" negligence but does not apply to the CITY ' s " sole negligence" or " willful misconduct" within the meaning of Civil Code Section 2782. This provision shall survive the termination of this Contract.
35. INSURANCE REQUIREMENTS
CONTRACTOR agrees to provide insurance set forth in accordance with the requirements herein. If CONTRACTOR uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so. The type(s) of insurance required is determined by the scope of the contract services.
Without in anyway affecting the indemnity herein provided and in addition thereto, CONTRACTOR shall secure and maintain throughout the contract term the following types of insurance with limits as shown:
Workers' Compensation/ Employers Liability - A program of Workers' Compensation insurance or a state -approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer' s Liability with $ 250, 000 limits covering all persons including volunteers providing services on behalf of CONTRACTOR and all risks to such persons under this contract.
If CONTRACTOR has no employees, it may certify or warrant to the CITY that is does not currently have any employees or individuals who are defined as " employees" under the Labor Code and the requirement for Workers' Compensation coverage will be waived by the CITY ' s Director of Administrative Services.
With respect to contractors that are non- profit corporations organized under California or federal law, volunteers for such entities are required to be covered by Workers' Compensation insurance.
Commercial/ General Liability Insurance - CONTRACTOR shall carry General Liability Insurance covering all operations performed by or on behalf of CONTRACTOR providing
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coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($ 1, 000,000), per occurrence. The policy coverage shall include:
a) Premises operations and mobile equipment.
b) Products and completed operations.
c) Broad form property damage ( including completed operations). d) Personal injury.
e) Contractual liability.
f) $ 2, 000, 000 general aggregate limit.
Automobile Liability Insurance - Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non -owned automobiles or symbol 1 any auto). The policy shall have a combined single limit of not less than one million dollars 1, 000, 000) for bodily injury and property damage, per occurrence.
If CONTRACTOR is transporting one or more non -employee passengers in performance of contract services, the automobile liability policy shall have a combined single limit of two million dollars ($ 2, 000, 000) for bodily injury and property damage per occurrence.
If CONTRACTOR owns no autos, a non -owned auto endorsement to the General Liability policy described above is acceptable.
Umbrella Liability Insurance - An umbrella ( over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a "dropdown" provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability.
Additional Insured - All policies, except for the Workers' Compensation, Errors and Omissions and Professional Liability policies, shall contain endorsements naming the CITY and its officers, employees, agents and volunteers as additional insureds with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the CITY to vicarious liability but shall allow coverage for the CITY to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured ( Form B) endorsement form ISO, CG 2010. 11 85.
Waiver of Subrogation Rights - CONTRACTOR shall require the carriers of required coverages to waive all rights of subrogation against the CITY, its officers, employees, agents, volunteers, contractors and subcontractors. All general or auto, liability insurance coverage provided shall not prohibit CONTRACTOR and CONTRACTOR's employees or agents from waiving the right of subrogation prior to a loss or claim. CONTRACTOR hereby waives all rights of subrogation against the CITY.
Policies Primary and Non -Contributory - All policies required herein are to be primary and non- contributory with any insurance or self-insurance programs carried or administered by the CITY.
Severability of Interests - CONTRACTOR agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between CONTRACTOR and the CITY or between the CITY and any other insured or additional insured under the policy.
Acceptability of Insurance Carrier - Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum " Best" Insurance Guide Rating of "A-VII".
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Deductibles and Self -Insured Retention - Any and all deductibles or self -insured retentions in excess of $10, 000 shall be declared to and approved by Risk Management.
Failure to Procure Coverage - In the event that any policy of insurance required under this contract does not comply with the requirements, is not procured, or is canceled and not replaced, the CITY has the right but not the obligation or duty to cancel the contract or obtain insurance if it deems necessary and any premiums paid by the CITY will be promptly reimbursed by CONTRACTOR or CITY payments to CONTRACTOR will be reduced to pay for CITY - purchased insurance.
36. PROOF OF COVERAGE
CONTRACTOR shall furnish Certificates of Insurance to the CITY Department administering the contract evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and CONTRACTOR shall maintain such insurance from the time CONTRACTOR commences performance of services hereunder until the completion of such services. Within fifteen ( 15) days of the commencement of this contract, CONTRACTOR shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request.
CONTRACTOR shall complete and submit INSURANCE INVENTORY, along with the above required insurance documents.
37. INSURANCE REVIEW
Insurance requirements are subject to periodic review by the CITY. The Director of Administrative Services or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever CITY determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the CITY.
In addition, if the Director of Administrative Services determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the CITY, inflation, or any other item reasonably related to the CITY' s risk.
Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this contract. CONTRACTOR agrees to execute any such amendment within thirty 30) days of receipt.
Any failure, actual or alleged, on the part of the CITY to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the CITY.
38. Intentionally Omitted
39. COMPLIANCE WITH LAWS
All parties agree to be bound by applicable federal, state, and local laws, ordinances, regulations, and directives as they pertain to the performance of this Contract. This Contract is subject to and incorporates the terms of the ACT; 24 Code of Federal Regulations, Part 570 and Part 84; and U. S. Office of Management and Budget Circulars A- 122, and A- 133.
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40. SUSPENSION AND DEBARMENT
By entering this Contract, CONTRACTOR certifies that CONTRACTOR, including its principals, is not suspended or debarred from participating in federally funded contracts and sub -awards.
41. AMENDMENTS: VARIATIONS
This writing with attachments, embodies the whole of this Contract of the parties hereto. There are no oral agreements contained herein. Except as herein provided, additions or variations of the terms of this Contract shall not be valid unless made in the form of a written amendment to this Contract formally approved and executed by both parties.
42. NOTICES
All notices shall be served in writing. The notices shall be sent to the following addresses:
City of Highland
27215 Base Line
Highland, CA 92346
Attn: Community Dev. Dir.
Highland District Council on Aging, Inc.
P. O. Box 948
Highland, CA 92346
Attn: Board President
43. COUNTERPART EXECUTION
This Contract may be executed in counterparts. When executed, each counterpart shall be deemed an original irrespective of date of execution. Said counterparts shall together constitute one and the same Contract.
IN WITNESS WHEREOF, the parties have caused this Contract to be executed by the City of Highland, as of the day and year written below.
CITY OF HIGHLAND HIGHLAND DISTRICT COUNCIL ON
AGING, INC.
By: By:
Lawrence A. Mainez, Community Dev. Dir. , Board President Dated: Dated:
Federal ID Number or Social Security
Number: 95- 3374790
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Exhibit 1
PROJECT/ ACTIVITY DESCRIPTION
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ATTACHMENT A- REQUEST TO INITIATE PROJECT/ ACTIVITY
PROJECT/ CASE NUMBER: HIGH- 22- 1- 02A/ 1219 DATE OF ORIGINAL ISSUE: 7/ 1/ 2022 CFDA No: 14. 218 ORIGINAL: X REVISION No.:
TARGET AREA: City of Highland DATE OF REVISION:
WBSE CODE: 50. 60. 0008. 09
Pursuant to the terms of the Delegate Agency Agreement originally executed on 7/ 8/ 2014, ( and most current renewal date 7/ 1/ 2022) between Community Development and Housing ( CDH), and the City of Highland, CDH hereby requests that the following project/ activity be initiated. There will be no changes in Project/ Activity Title, Activity Budget ( Attachment A) or in the Activity Description ( Attachment B) without written approval of the Director of Community Development and Housing/ Supervising CDH Analyst.
PROJECT/ ACTIVITY TITLE: Highland -Senior Service Program - Highland District Council on Aging ACTIVITY LOCATION: 3102 East Highland Ave. Patton Ca. 92369 TOTAL PROJECT FUNDING: $ 25, 000
CITY CDBG ALLOCATION RELEASED: $ 25, 000
CITY CDBG FUNDS PROJECTED TO BE EXPENDED AS OF 6/ 30/ 2022: $ 0 BALANCE OF FUNDS AVAILABLE: $ 25, 000
DATE OF RELEASE OF FUNDS : 7/ 1/ 2022
SCHEDULE OF CDBG ALLOCATION:
Year 1- 42 Year 43 Year 44 Year 45 Year 46 Year 47 Year 48 TOTAL OF B22UC060503
75- 2017) ( 2017- 18) ( 2018- 19) ( 2019- 20) ( 2020- 21) ( 2021- 22) ( 2022- 23) 48 YEARS 0 $ 0 $ 0 $ o $ 0 $ 0 $ 25, 000 $ 0
MAINTENANCE AND OPERATION BUDGET/ AGREEMENT:
OTHER PERTINENT INFORMATION: City certifies all requests for reimbursement from CDH contain proof of payment, all supporting documentation for costs incurred and a Monthly Program Progress Report. *
ACCEPTANCE OF REQUEST TO INITIATE PROJECT/ ACTIVITY
I hereby acknowledge the receipt of the Request to Initiate the above Project/ Activity and agree to implement the activity described in Attachment B ( Project/ Activity Description) in accordance with the above Allocation and Balance of Funds Available subject to necessary approvals of the Board of Supervisors. The proposed budget for this project is as follows:
CONSULTANT SERVICES: $ 0 SPACE RENT: $ 0
CONTRACT SERVICES: $ 25, 000 RENT/ LEASE OR PURCHASE OF PERSONNEL EXPENSES: $ 0 EQUIPMENT: $ 0
CONSUMABLE SUPPLIES: $ 0 OTHER: $ 0
TOTAL CITY CDBG ALLOCATION AVAILABLE: $ 25, 000
IMPLEMENTING CITY: CITY OF HIGHLAND DATE:
SIGNATURE: TITLE:
SAN BERNARDINO COUNTY
Leonard X. Hernandez, Chief Executive Officer DATE
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ATTACHMENT B - PROJECT/ ACTIVITY DESCRIPTION
PROJECT/ CASE NUMBER : HIGH- 22- 1- 02A/ 1219 DATE OF ORIGINAL ISSUE: 7/ 1/ 2022 CFDA No.: 14. 218 ORIGINAL: X REVISION No.:
TARGET AREA : City of Highland DATE OF REVISION:
PROJECT/ ACTIVITY TITLE: Highland - Senior Service Program - Highland District Council on Aging ACTIVITY LOCATION: 3102 East Highland Ave. Patton Ca. 92369 TIME OF PERFORMANCE: July 1, 2022 through June 30, 2023 SUSPENSION AND DEBARMENT: By entering this Contract, the City of Highland certifies that the Highland District Council on Aging, including its principals, is not suspended or debarred from participating in federally funded contracts and sub -awards. The City may research the agency' s status online at the System for Award Management ( SAM) website https:// sam. gov/ content/ home ACTIVITY DESCRIPTION: The City of Highland will contract with Highland District Council on Aging to provide various senior services. Such program will include: recreational and educational activities. The program will be provided at 3102 East Highland Avenue, Patton Ca. San Bernardino County Department of Community Development and Housing, herein after referred to as CDH, will reimburse the City of Highland in the amount not to exceed the " CDBG Allocation Released" on the Attachment A for the services necessary to implement this program. Federal, state, county and city rules and regulations will apply.
The Highland District on Aging shall sign a contract with the City of Highland addressing the scope of service and the terms and conditions. The contract shall remain in effect during the period that the services are provided for which CDBG funds will be requested for reimbursement. The contract with the Highland District Council on Aging shall comply with requirements listed in 24 CFR 570. 503 including: Agreements with Subrecipients; Statement of Work; Records and Reports; Program Income; Uniform Administrative Requirements; Other Program Requirements; Conditions for Religious Organizations; Suspension and Termination; Reversion of Assets; and Exhibits 3( a) & 3( b) 1 of 2 and 2 of 2.
In addition, the Highland District Council on Aging shall comply with all applicable regulations listed in the City -County Delegate Agency Agreement, No. 14- 414, Attachment C, Section IV. City shall maintain monthly program reports and records on the services provided. CDBG funds cannot be used for entertainment, gifts or fund- raising activities. Reimbursement expenditures must be appropriately documented. City shall comply with conflict of interest provisions and shall not exclude any person from funded programs on the grounds of race, sex, creed, color, religion or national origin.
CDBG funds cannot be used to replace other local or state monies to fund essential services typically offered by the City. The City shall certify the eligible use of CDBG funds on Certification of CDBG Funded New or Expanded Service, Exhibit 5. This program is available to low- and moderate - income persons and requires documentation that at least 51% of the persons served are from income qualifying households. In order to document that 51% of the persons served are from income qualifying households, a Beneficiary Qualification Statement, Exhibit 3( a), must be completed for each person that participates in the program. A Spanish version of the Beneficiary Qualification Statement, Exhibit 3( b), can be completed for Spanish speakers who prefer it, however, the County cannot guarantee the accuracy of the translation and CDH cannot be held responsible for any errors. The Beneficiary Qualification Statement will then be used to complete and submit the Monthly Program Progress/ Direct Benefit Report, Exhibit 4, to CDH. The Monthly Program Progress/ Direct Benefit Reports must be submitted to CDH for each month that CDBG reimbursement is requested. It is anticipated that a monthly average of approximately 30 persons will participate in the various programs. A " Unit of Service" is defined as each person attending an outreach and/ or program activity, in a given month. The number of clients times the total number of program activities per month will reflect the total units of service which results in the measurable outcome. The measurable outcome will be recorded on Part I: Monthly Program Progress Report, Exhibit 4, and the number of unduplicated first-time clients persons) who participated in the program during the fiscal year will be recorded on Part II: Direct Benefit Report, Exhibit 4.
The City of Highland understands that reimbursements received from the County for which no measurable outcome is achieved may subsequently be required to be repaid by the City ( using non- federal funds) to County. Measurable outcomes are defined as providing benefits to low- to moderate -income individuals, families, organizations, and communities and are derived from the project or program. Examples include: construction completed resulting in improved access to services/ public facilities/ park & recreation/ street improvements, etc.
The City of Highland will submit a final request for reimbursement for the program year no later than July 15, 2023. Note: After July 31, 2023, any balance remaining in this project will be reprogrammed.
IMPLEMENTING CITY: CITY OF HIGHLAND DATE:
SIGNATURE: TITLE:
SAN BERNARDINO COUNTY
Leonard X. Hernandez, Chief Executive Officer DATE
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SAN BERNARDINO COUNTY COMMUNITY DEVELOPMENT AND HOUSING Project/ Activity Title:
Highland -Senior Service Program - Highland District
Council on Aging
PROJECT/ CASE NUMBER :
HIGH- 22- 1- 02A/ 1219
Name/ Address of Contract Agency: Date of Issue:
Highland - Senior Service Program X Original: Beginning 7/ 1/ 2022 3102 East Highland Avenue, Patton Ca 92389 Amendment No.:
PROJECT/ ACTIVITY DESCRIPTION
SERVICES :
This program is available to low and moderate income persons and requires documentation that at least 51% of the persons receiving services are from income qualifying households, a Beneficiary Qualification Statement, Exhibit 3( a), must be completed for each person that participates in the program. A Spanish version of the Beneficiary Qualification Statement will then be used to complete and submit the Monthly Program Progress/ direct Benefit Report, Exhibit 4, to the County Community Development and Housing Department. Then Monthly Program Progress/ Direct Benefit Reports must be submitted to the County for each month that CDBG reimbursement is requested. It is anticipated that a monthly average of approximately 30 persons will benefit from this program. A Unit of Service is defined as each person attending or receiving a benefit, in a given month. The number of clients times the total number of services received per month will reflect that total units of service which results in the measurable outcome. The measurable outcome will be recorded on Part I: Monthly Program Progress Report, Exhibit 4, and the number of unduplicated first-time clients.
UNITS OF SERVICE:
The units of service must be reported on Part I: Monthly Program Report, Exhibit 4. A unit of service is defined as one ( 1) adult or youth from a low to moderate income household participating in one ( 1) program activity.
TIME OF PERFORMANCE: July 1, 2022 through June 30, 2023 PROGRAM PARTICIPANT PERFORMANCE STANDARDS:
CDBG Activity: Provide various programs to about 30 low to moderate income seniors. The scope of the project is presented in the attached Exhibits 1 through 4 Measurable Outcome: CDBG funds will used for senior programs to about 30 low to moderate income seniors.
In addition to units of service, Highland District Council on Aging will report unduplicated client counts on the Monthly Program Progress/ Direct Benefit Report, Exhibit 4.
OPERATIONS:
Services will be provided at the 3102 East Highland Avenue, Patton CA 92369 Exhibit 1 Page 1 of 1
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SAN BERNARDINO COUNTY COMMUNITY DEVELOPMENT AND HOUSING Project/ Activity Title:
Highland -Senior Service Program - Highland District
Council on Aging
PROJECT/ CASE NUMBER :
HIGH- 22- 1- 02A/ 1219
Name/ Address of Contract Agency: Date of Issue:
Highland - Senior Service Program X Original: Beginning 7/ 1/ 2022 3102 East Highland Avenue, Patton Ca 92389 Amendment No.:
BUDGET SUMMARY
A. Budget Items Projected Expenses
Personnel 17, 000
Consultant/ Contract Services ( Auditing, Accounting or Payroll Services) 0 Travel 0
Space Rent 8, 000
Consumable Supplies 0
Rental, Lease, or Purchase of Equipment 0
Insurance 0
Other (Utilities, Land -line Phones, Cellular Phones, Internet Service, Postal Services, Security Clearances, Approved Subsidies/ Scholarships, Administrative and Indirect Costs) 0
Total Budget: 25, 000
B. Sources of Funding Amount of Revenue
1. 2.
3. 4.
5. * CDBG Share 25, 000
Total Sources of Funding: 25, 000
Project Allocation: $ 25, 000 ( Allocated dollars can only be expended in the categories listed under subsection A of Budget Summary above.)
Time of Performance: July 1, 2022 through June 30, 2023 Special Instructions or Restrictions:
For programs with multiple funding sources, administrative and indirect costs charged to this grant must be determined using the City' s approved Cost Allocation Plan.
The current standard Internal Revenue Service mileage allowance will be used for reimbursement of authorized costs associated with vehicle operation under this contract.
City will submit a final request for reimbursement for the program year no later than July 15, 2023. After July 31, 2023, any balance remaining in this project will be reprogrammed.
Exhibit 2 Page 1 of 1
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COUNTY OF SAN BERNARDINO COMMUNITY DEVELOPMENT AND HOUSING Project/ Activity Title:
Highland -Senior Service Program - Highland
District Council on Aging
PROJECT/ CASE NUMBER :
HIGH- 22- 1- 02A/ 1219
Name/ Address of Contract Agency:
Highland - Senior Service Program
3102 East Highland Avenue, Patton Ca 92389
Date of Issue:
X Original: Beginning 7/ 1/ 2022
Amendment No.:
BENEFICIARY QUALIFICATION STATEMENT
This form has the purpose of providing information needed to qualify the use of federal Community Development Block Grant ( CDBG) funds for the project/ activity described above. This statement must be completed and signed by the person ( or legal guardian of the person) requesting to receive benefits from the described project/ activity.
Only one statement per person, per fiscal year is required (Fiscal Year begins July 1 and ends June 30).
Please answer each of the following questions.
1. This question helps you determine the size of your household. For this question a household is a group of related or unrelated persons occupying the same house with at least one member being the head of the household. Renters, roomers, or borders cannot be included as household members.
How many persons are in your household?
2. This question asks if you are from a low- and moderate -income household. For this question, a list of the EXTREMELY LOW- INCOME, VERY LOW- INCOME and LOW- INCOME categories* are presented below. Please add up the combined gross annual income of all persons in your household from all sources of income. In the blanks provided, write ( yes) or ( no) if your combined gross annual income is equal to or less than the, EXTREMELY LOWINCOME, VERY LOW- INCOME, or LOW- INCOME amount for the number of persons in your household.
YES/ NO
EXTREMELY LOW- INCOME
VERY LOW- INCOME
LOW- INCOME
Number of Persons in Your Household
1 2 3 4 5 6 7 8
EXTREMELY LOW- INCOME 18, 500 21, 150 23, 800 27, 750 32, 470 37, 190 41, 910 46, 630 LIMIT ($)
VERY LOW- INCOME LIMIT ($) 30, 800 35, 200 39, 600 44, 000 47, 550 51, 050 54, 600 58, 100 LOW- INCOME LIMIT ($) 49, 300 56, 350 63, 400 70, 400 76, 050 81, 700 87, 300 92, 950 FY 2022 Income Limits Summary, released 4/ 1/ 2022.
Source: https:// www. huduser. gov/ portal/ datasets/ il/ 112022/ 2022summary. odn Exhibit 3( a) Page 1 of 2
-19-
SAN BERNARDINO COUNTY COMMUNITY DEVELOPMENT AND HOUSING Project/ Activity Title:
Highland - Senior Service Program - Highland
District Council on Aging
PROJECT/ CASE NUMBER :
HIGH- 22- 1- 02A/ 1219
Name/ Address of Contract Agency:
Highland - Senior Service Program
3102 East Highland Avenue, Patton Ca 92389
Date of Issue:
X Original: Beginning 7/ 1/ 2022
Amendment No.:
3. Please indicate how you identify yourself by checking only one of the following choices:
Hispanic Non - Hispanic
White
Black/ African American
American Indian/ Alaskan Native
Asian
Native Hawaiian/ Other Pacific Islander
American Indian/ Alaskan Native & White
Asian & White
Black/ African American & White
American Indian/ Alaskan Native & Black/ African American Balance/ Other
4. Please check whether you belong to a Female Headed Household: YES NO
5. Please describe the condition that would qualify you as being considered in one of the following presumed low- and moderate -income categories: abused child, battered spouse, elderly person, homeless person, disabled adult, illiterate person, or migrant farm worker:
Description)
ACKNOWLEDGMENT AND DISCLAIMER
I CERTIFY UNDER PENALTY OF PERJURY THAT INCOME AND HOUSEHOLD STATEMENTS MADE ON THIS FORM ARE TRUE.
NAME : DATE :
ADDRESS : CITY : ZIP :
SIGNATURE : PHONE :
The information you provide on this form is for Community Development Block Grant ( CDBG) program purposes only and will be kept confidential.
Exhibit 3( a) Page 2 of 2
-20-
SAN BERNARDINO COUNTY COMMUNITY DEVELOPMENT AND HOUSING Project/ Activity Title:
Highland - Senior Service Program - Highland
District Council on Aging
PROJECT/ CASE NUMBER :
HIGH- 22- 1- 02A/ 1219
Name/ Address of Contract Agency:
Highland - Senior Service Program
3102 East Highland Avenue, Patton Ca 92389
Date of Issue:
X Original: Beginning 7/ 1/ 2022
Amendment No.:
ARACION DE LA CALIFICACION DEL BENEFICIARIO
Esta forma tiene el proposito de proporcionar la informacion necesaria para calificar el use de los fondos federales del bloque del desarrollo de la comunidad ( CDBG) para el proyecto/ actividad descrito arriba. Esta declaracion se debe Ilenar y firmar por la persona ( o la tutela legal de la persona) que solicita para recibir beneficios del proyecto/ actividad descrito. Solamente una declaracion por persona, por ano se requiere.
Conteste por favor a cada una de las preguntas siguientes.
1. Esta pregunta le ayuda a determinar el tamano de su casa. En esta pregunta un hogar es un grupo de personas relacionadas o sin relacion que ocupan la misma casa por to menos con un miembro que es la cabeza de la casa. Los inquilinos no se pueden incluir como miembros de la casa. i,Cuantas personas viven en su casa?
2. Esta pregunta explica si usted es de un hogar de ingresos bajos y moderados. Para esta pregunta, la lista de categorias de INGRESOS- ESTREMADO BAJOS, INGRESO- BAJOS * se presenta abajo. Sume por favor para arriba los ingresos brutos anuales combinados de todas las personas en su hogar y de todas las fuentes de los ingresos. En el espacio en blanco, escriba ( si) o ( no) si su ingreso anual grueso combinado es igual o menos que la cantidad de INGRESOS- ESTREMADO BAJOS, INGRESOS- MUY BAJOS, INGRESO- BAJOS para el numero de personas en su casa.
INGRESOS- ESTREMADO BAJOS
INGRESOS- MUY BAJOS
INGRESO- BAJOS
SI/ No
Numero de Personas en su Hogar
1 2 3 4 5 6 7 8
INGRESOS- ESTREMADO 18, 500 21, 150 23, 800 27, 750 32, 470 37, 190 41, 910 46, 630 BAJOS ($)
INGRESOS- MUY BAJOS ($) 30, 800 35, 200 39, 600 44, 000 47, 550 51, 050 54, 600 58, 100 INGRESO- BAJOS ($) 49, 300 56, 350 63, 400 70, 400 76, 050 81, 700 87, 300 92, 950 Tomado de FY 2022 Resumen Limites de Ingresos: httpS:// www. hudUser. goV/ portal/ dataSets/ il/ i12022/ 20225ummz Exhibit 3( b) Page 1 of 2
-21-
SAN BERNARDINO COUNTY COMMUNITY DEVELOPMENT AND HOUSING Protect/ Activity Title:
Highland - Senior Service Program - Highland
District Council on Aging
PROJECT/ CASE NUMBER :
HIGH- 22- 1- 02A/ 1219
Name/ Address of Contract Agency:
Highland - Senior Service Program
3102 East Highland Avenue, Patton Ca 92389
Date of Issue:
X Original: Beginning 7/ 1/ 2022
Amendment No.:
3. Indique por favor como se identifica usted, marcando solamente una de las opciones siguientes:
Blanco
Negro/ Afro Americano
Indio Americano/ Nativo de Alaska
Asiatico
Nativo Hawaiano/ Otra Isla del Pacifico
Indio Americano/ Nativo de Alaska & Blanco
Asiatico & Blanco
Negro/ Afro Americano & Blanco
Indio Americano/ Nativo de Alaska & Negro/ Afro Americano Balance/ Otro
4. Marque por favor si usted pertenece a un hogar encabezado femenino:
Hispano No- Hispano
Si No
5. Por favor describa la condicion de que se calificarra como siendo considerado en una de las siguientes categorras de ingresos bajos y moderados presunta: nino abusado, maltratado conyuge, persona de edad avanzada, personas sin hogar, adultos discapacitados, personas analfabetas, o trabajador agrrcola Description)
RECONOCIMIENTO Y NEGACION
CERTIFICO BAJO PENA DE PERJURIO QUE LAS DECLARACIONES HECHAS EN ESTA FORMA, ACERCA DE LOS INGRESOS Y DE LAS CUENTAS DE LA CASA SON VERDADERAS.
NOMBRE: FECHA
DOMICILIO: CIUDAD : CODIGO :
FIRMA : TELEFONO :
La informacion que usted proporciona en esta forma es para los propositos del programa de fondos del bloque del desarrollo de la comunidad ( CDBG) solamente y sera mantenida confidencial.
Exhibit 3( b) Page 2 of 2
-22-
SAN BERNARDINO COUNTY COMMUNITY DEVELOPMENT AND HOUSING Project/ Activity Title:
Highland -Senior Service Program -
Highland District Council on Aging
Name/ Address of Contract Agency:
Highland - Senior Service Program
3102 East Highland Avenue, Patton Ca 92389
PROJECT/ CASE NUMBER :
HIGH- 22- 1- 02A/ 1219
Date of Issue:
X Original: Beginning 7/ 1/ 2022
Amendment No.:
MONTHLY PROGRAM PROGRESS AND DIRECT BENEFIT REPORT For the Month of , 20 PART I: MONTHLY PROGRAM PROGRESS REPORT
A. Units of Service Provided and Description
In the space provided under each type of service listed below, summarize what your program has accomplished during this month. Include location, number of persons served, services/ benefits provided, and a description of the clients served. Also report the number of " Units of Service" provided, as defined in the Project/ Activity Description ( Exhibit 1 of the agreement). Attach additional pages if needed.
Type of Service:
1. Various senior programs that provide recreational and educational activities
2. Anticipated Units of Service
Goal/ Mo.: I
30 IActual/ Mo.: I
Goal/ Mo.: I IActual/ Mo.: I
B. Monthly Beneficiary Count ( may include individual persons or households previously counted during this grant/ program year) Total number of beneficiaries (clients/ participants) served this month ( choose 1 category only):
Number of Persons OR Number of Households
PART II: DIRECT BENEFIT REPORT
Direct Benefit Statistics (Unduplicated first-time client counts since start of contract; taken from Beneficiary Qualification Statement forms) Enter the number of first-time program beneficiaries directly assisted this month ( check 1 box) Count only as: Individual Persons or Households
Extremely Low -Income:
Racial Identity Categories
White
Black/ African American
American Indian/ Alaskan Native
Asian
Native Hawaiian/ Other Pacific Islander
Very Low -Income: + Low -Income:
All Beneficiaries:
Hispanic
a)
Non -
Hispanic
b)
Hispanic
c)
American Indian/ Alaskan Native & White
Asian & White
Black/ African American & White
Amer. Indian/ Alaskan Native & African Amer.
Balance/ Other
Total of Racial Identity Categories: Add columns ( a)+( b)+( c)+( d) from above. Match to " All Beneficiaries" total above:
Female Headed Households :
Signed : Title : Date :
Printed Name: Telephone No./ Ext.
Non -
Hispanic
d)
Exhibit 4 Page 1 of 1
-23-
SAN BERNARDINO COUNTY COMMUNITY DEVELOPMENT AND HOUSING Project/ Activity Title:
Highland - Senior Service Program - Highland
District Council on Aging
PROJECT/ CASE NUMBER :
HIGH- 22- 1- 02A/ 1219
Name/ Address of Contract Agency: Date of Issue:
Highland - Senior Service Program X Original: Beginning 7/ 1/ 2022 3102 East Highland Avenue, Patton Ca 9238! Amendment No.:
CERTIFICATION OF CDBG FUNDED NEW OR EXPANDED SERVICE
The City of Highland certifies that the public service project described in these Attachments A & B and associated Exhibits is either:
A New Public Service
A new public service is defined as a new service to your community which has not been previously funded through city funds.
OR
An Expanded Service
An expanded public service is defined as a quantifiable increase in the level of an existing service which has been provided by the grantee or another entity on its behalf through State or local government funds in the 12 months preceding the CDBG contract year.
Describe the expansion of the public service:
11111
OR
This expanded public service will result in an increase of about 3% above the level which has been previously provided by or on behalf of the City of Highland.
This expanded public service will increase the scope of the service by adding ( describe added or expanded activities) to a public service which has been previously provided by or on behalf of the City of...
This City of Highland certifies that the implementing organization:
11311
EMI
Is a unit of local government ( incorporated city, township, County department or district, community services district, school district, etc.), or a private non- profit entity incorporated in the State of California with " active" status; and,
Is conferred tax- exempt status by the Internal Revenue Service, pursuant to Section 501( c )( 3) of the Internal Revenue Code; and,
Is not suspended or debarred from participating in federally funded contracts and sub awards.
Is registered in the System for Awards management ( SAM).
SIGNATURE: DATE:
NAME: TITLE:
Exhibit 5 Page 1 of 1
-24-
STAFF REPORT
DATE:
FROM:
REVIEWED BY:
PREPARED BY:
SUBJECT:
RECOMMENDATION:
TO THE CITY COUNCIL
September 13, 2022
Joseph Hughes, City Manager
Lawrence A. Mainez, Community Development Director
Betty Hughes, MMC, City Clerk
Camille Goritz, Administrative Assistant III I ( H"'
Declare Two ( 2) Seats Vacant on the Historic and Cultural Preservation Board
Staff recommends the City Council:
1. Declare two ( 2) seats 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.
Board Members Pamela Bible and Gail Shelton' s seats will expire November 2022.
Therefore, it would be appropriate for the City Council to declare two ( 2) seats vacant on the Historic and Cultural Preservation Board and direct the City Clerk to advertise and post the vacancy, as required per Government Code § 54970.
Approved
Denied
Continued
Tabled
Motion Second Agenda Item No. //
Ayes
Noes
Abstain
Absent
City Clerk
File No.
City Ma ager
-1-
DATE:
FROM:
REVIEWED BY:
STAFF REPORT
TO THE CITY COUNCIL
September 13, 2022
Joseph Hughes, City Manager
Lawrence A. Mainez, Community Development Director
Betty Hughes, MMC, City Clerk
PREPARED BY: Camille Goritz, Administrative Assistant II SUBJECT: Declare three ( 3) Seats Vacant on the Community Trails Committee
RECOMMENDATION: Staff recommends the City Council:
1. Declare three ( 3) seats vacant on the Community
Trails Committee; and
2. Direct the City Clerk to advertise the vacancies on the Community Trails Committee.
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. 32. 020 of the Highland Municipal Code, the Community Trails Committee shall consist of five members appointed by the City Council and shall serve without compensation. Each member of the committee shall serve a two-year term of office and have a demonstrated knowledge and interest in one or more of the following: equestrian activities, bicycling, hiking, nature studies, or landscape/ open space design.
Board Members Brent Merideth, Richard Bowman, and Robert LaChausse' s seats will expire October 2022. Therefore, it would be appropriate for the City Council to declare the three ( 3) seats vacant on the Community Trails Committee and direct the City Clerk to advertise and post the vacancy, as required per Government Code § 54970.
Approved
Denied
Continued
Tabled
Motion
Ayes
Noes
Abstain
Absent
City Clerk
Second Agenda Item No. /
File No.
-1-
DATE:
FROM:
PREPARED BY:
SUBJECT:
STAFF REPORT
TO THE CITY COUNCIL
September 13, 2022
Joseph Hughes, City Manager
Betty Hughes, MMC, City Clerk
Conflict of Interest Code Update
RECOMMENDATION: That the City Council receive and file the 2022 Local Agency Biennial Notice and adopt Resolution No. 2022- , amending the City's Conflict of Interest Code and rescinding Resolution No. 2020-048.
FISCAL IMPACT: None
PUBLIC NOTICE: The agenda for this item was posted at the three locations per Resolution No. 2011- 047 and on the City' s website.
BACKGROUND: The Political Report Act ("Act") requires that public agencies adopt a Conflict of Interest Code ( code). A code designates positions required to file Statements of Economic Interests Form 700) and assigns disclosure categories specifying the types of interests to be reported. It is required that cities amend their code during even numbered years to reflect the creation of new positions, deletion of positions, changes in any titles, as well as any changes made to the Act.
Additionally, the City is required to complete and execute the 2022 Local Agency Biennial Notice review form and maintain the form on file with the City Clerk' s Office indicating that this review has been conducted for the City.
Pursuant to the Act a designated employee is an officer, employee, member, or consultant of an agency whose position is designated in the code because the position entails the making or participation in the making of governmental decisions that may foreseeably have a material effect on his or her financial interest. Elected City Council Members, appointed Planning Commissioners, City Manager, City Attorney and Director of Administrative Services are not included on the List of Designated Positions as these individuals are governed under Government Code Section 87200 and have full disclosure requirements.
Approved Motion Second Agenda Item No.
Denied Ayes
Continued Noes
Tabled Abstain
Absent
City Clerk
File No.
-1-
Staff has reviewed the code and has determined the following change has occurred in the City' s reporting schedules:
Add the following Reporting Category:
Administrative Services Manager
staffreports/ 2022 staff reports/ 2022 conflict of interest. doc -2-
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND,
CALIFORNIA, ADOPTING THE CITY' S CONFLICT OF INTEREST CODE AND RESCINDING RESOLUTION NO. 2020- 048
WHEREAS, the City of Highland City Council previously adopted Resolution No. 2020- 048 adopting the model Conflict of Interest Code set forth in Section 18730 of the California Code of Regulations; and
WHEREAS, by this resolution, the City is adopting a new updated Conflict of Interest Code; and
WHEREAS, the City Council desires to designate persons holding positions listed in Appendix A as bodies that are subject to this code.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Highland does hereby find, determine and declares follows:
1. Resolution No. 2020- 048 is hereby rescinded.
2. The Political Reform Act, Government Code Section 81000 et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs. Section 18730. It can be incorporated by reference in an agency' s code and may be amended by the Fair Political Practices Commission after public notice and hearing to conform to amendments in the Political Reform Act. Therefore, the terms of 2 Cal. Code of Regs. § 18730, and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference, and along with the attached Appendices A, B and C, which identify the members, employees and consultants that are designated and the disclosure categories, constitute the Conflict of Interest Code for the City of Highland, which is considered the " agency" within the purview of this code.
3. Designated employees shall file statement of economic interests with the City Clerk of the City of Highland. Statements for all designated employees will be retained by the City and will be available for inspection and reproduction pursuant to Government Code Section 81008.
Resolution No. 2022-