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Agenda, regular meeting, second session

Highland City Council
November 8, 2022

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Agenda, regular meeting, second session
Meeting
November 8, 2022
Body
Highland City Council
Pages
11
Original file
177.0 MB
Text extracted from the city's file for reading and search. Open the original on highlandca.api.civicclerk.com. That file is the official record.

CITY OF HIGHLAND

REGULAR MEETING OF THE

CITY COUNCIL
AGENDA

CITY COUNCIL MEMBERS
LARRY McCALLON, MAYOR

PENNY LILBURN, MAYOR PRO TEM

JESSE CHAVEZ, COUNCIL MEMBER

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

REGULAR MEETING
November 8, 2022
6: 00 p. m.

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

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

Visit the City' s Website at: www. citvofhighland. org
CITY OF HIGHLAND • 27215 BASE LINE • HIGHLAND, CALIFORNIA 92346 • ( 909) 864- 6861 • ( 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 November 8, 2022, to the City Clerk at publiccomment(a)-cityofhighland. org. If you are submitting apublic comment pertaining toan item on the November8, 2022 agenda, please identify the agenda item number inthe subject line. For
those wishing to make a public comment regarding apublic hearing item (No. 13), please identify the agenda item in the subject line. Comments can be submitted any time prior tothe meeting, as well as during the meeting up until the close of the public hearing on the corresponding item to be considered part of the record. Please email your comments [email protected]. All email comments shall be subject tothe same rules as would otherwise govern speaker commentsatthe Council meeting. Members ofthe public will be permitted to make public comments inperson. CITY

COUNCIL
8,

REGULAR MEETING NOVEMBER
2022 - 6:00 P.M. AGENDA
CALL

TO ORDER INVOCATION
PLEDGE

OF ALLEGIANCE ROLL

CALL REPORT

FROM CLOSED SESSION SPECIAL
PRESENTATIONS 11.

08. 2022 —cc regular Page
1 of 6
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PUBLIC COMMENT ( ITEMS NOT ON THE AGENDA)
To address the City Council, please complete a speaker form located at the entrance and give it to the City Clerk prior to the beginning of the meeting. Your name will be called when it is your turn to speak. State Law prohibits the City Council from taking action on any item not on the agenda. Individual speakers are limited to three minutes each.

Comments received via email by November 8, 2022, 5: 00 p. m., will be read into the record, provided that the reading shall not exceed three ( 3) minutes. Email comments submitted by a speaker that also appears in person to address the same matter will not be read into the record.

CITY COUNCIL CONSENT CALENDAR
Waive the Reading of All Ordinances
RECOMMENDATION: Waive the reading of all Ordinances in their entirety and read by title only.

2. Minutes — October 11 2022 City Council Regular Meeting RECOMMENDATION: Approve the Minutes as submitted.

3. Warrant Register
RECOMMENDATION: Approve Warrant Register No. 747 for November 8, 2022, in the amount of $ 1, 593,409. 81 and Payroll of $215,296. 19.

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

5. Bid Rejection — Bid No. 2022- 08 " Emmerton Lane Trail Restoration and Improvement Project"
RECOMMENDATION: That the City Council:
1) Reject all bids;
2) Direct staff to modify the project plans and specifications as necessary; and 3) Re -advertise for construction bids.

6. Proposed Cif of Highland Community Development Block Grant ( CDBG) Applications for Fiscal Year 2023- 2024
RECOMMENDATION: That the City Council:
1) Approve the City' s Application for Enhanced Code Enforcement that supports a portion of the salary and benefits of a Code Compliance Officer, Administrative Assistant and Community Development Director; and 2) Approve the City' s Application to construct pavement rehabilitation and ancillary work on two streets located in neighborhoods within the CDBG Low -Moderate Income eligible block area boundaries including: 1) Union Street between Elmwood Court to Del Rosa Avenue and 2) Elmwood Court between Union Court and north end.

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7. Final Map Approval/ Tract 20142 ( Beazer Homes)
RECOMMENDATION: That the City Council:
1) Adopt Resolution No. 2022- to approve the Final Map of Tract No. 20142;
2) Accept the subdivision bonds; and
3) Authorize the Mayor to sign the standard subdivision agreement.

8. Easement Acceptance/Zavala ( 7568 Newcomb Street)
RECOMMENDATION: That the City Council:
1) Accept Grant of Easement for Road and Drainage purposes from Zavala Brothers, Inc.; and
2) Direct the City Clerk to record the Grant of Easement.

9. Application for CalRecycle Rubberized Pavement Program Grant Funds RECOMMENDATION: That the City Council adopt Resolution No. 2022- authorizing the submittal of a joint regional application with the County of San Bernardino ( County) for the CalRecycle Rubberized Pavement Program.

10. Contract Award — Storm Drain Cleaning
RECOMMENDATION: That the City Council award a contract to Houston Harris PCS, Inc., to perform storm drain cleaning services on a time and materials basis as directed by the City of Highland.

11. Madvac LP- 61 Trailer Mounted Trash/ Debris Vacuum System RECOMMENDATION: That the City Council:
1) Waive formal contract procedures per Municipal Code Section 2. 40. 100; 2) Authorize the use of a " piggyback" contract through Sourcewell Contract No. 93021- EXP between Sourcewell and Exprolink- Madvac; 3) Approve Resolution No. 2022- for purchase of a Madvac LP61- G in the amount of $30,202; and
4) Approve a budget adjustment to transfer $ 30, 205 from 001- 4200- 4665 Public Services -Contract Services Storm Drain) to 001- 4200- 6040 ( Public Services - Equipment).
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12. Second Reading of Municipal Code Amendment 21- 001: Ordinance No. 456 of the City of Highland Amending Title 16 Chapter 16. 06 Definitions Chapter 16. 24 Employment District Chapter 16. 44 Specific Development Standards, and Tables 16 20 030. A Uses Permitted with Commercial Districts; and 16. 52. 030. A Off -Street Automobile Parking Space Requirements of the Highland Municipal Code pertaining to Vehicle Fueling Stations and Making a Finding of Exemption under CEQA and First Readinq of an Ordinance Repealing Ordinance Nos. 449, 450 and 454 which Imposed a Moratorium on Vehicle Fueling Station Uses RECOMMENDATION: That the City Council:
1) Conduct a second reading, read by title only, and waive further reading of Ordinance No. 456 amending Title 16, Chapter 16. 06 Definitions, Chapter

16. 24 Employment District, Chapter 16. 44 Specific Development Standards, and Tables 16. 20. 030. A Uses Permitted within Commercial Districts; and 16. 52. 030. A Off -Street Automobile Parking Space requirements of the Highland Municipal Code pertaining to Vehicle Service Stations and making a Finding of Exemption under CEQA; and 2) Conduct a first reading, read by title only, and waive further reading of Ordinance No. repealing Ordinance Nos. 449, 450 and 454 which imposed a moratorium on vehicle fueling station uses.

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

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

13. Ordinance No. 457 an Ordinance of the City Council of the City of Highland, Amending Title 15 of the Highland Municipal Code to Adopt the 2022 California Building Code Volumes I and II including Chapter 1, Division II and Appendix H, the 2022 California Fire Code including_ Chapter 1, Division II and Appendices I, N and O the 2022 California Existing Building Code including Chapter 1, Division II, the 2022 California Residential Code including Chapter 1, Division II and Appendix AX the 2022 California Electrical Code including Article 89, the 2022 California Plumbinq Code includinq Chapter 1 Division II the 2022 California Mechanical Code includinq Chapter 1 Division II the 2022 California Green Building Standards Code including Chapter 1
Division II, and Making a Finding of
Exemption under the California Environmental Quality Act; and Resolution No. 2022- a Resolution of the City Council of the City of Highland making Express Findings and Determinations that Modifications to the 2022 California Fire Code as Adopted by the City of Highland, are Reasonably Necessary because of Local Climatic Geological and/ or Topographical Conditions RECOMMENDATION: That the City Council:
1) Open and conduct a public hearing, and conduct a second reading of Ordinance No. 457, read by title only; and
2) Adopt Resolution No. 2022- making express findings for modifications to the 2022 California Fire Code.

CITY COUNCIL LEGISLATIVE

14. KOA Contract Amendment for Professional Services — City Creek/Alabama Street Bikeway Project ( Project No. str17001)
RECOMMENDATION: That the City Council:
1) Approve a contract amendment to the Professional Services Agreement with KOA Corporation ( KOA) to extend the term of contract by one year and provide additional environmental and engineering services for the City Creek/ Alabama Street Bikeway Project; and
2) Authorize the City Manager to approve contract amendments up to 10% of the revised contract amount.

15. Appoint Three ( 3) Members of the Public to the Historic and Cultural Preservation Board
RECOMMENDATION: That the City Council review the Public Service Applications and appoint three ( 3) members of the public to the Historic and Cultural Preservation Board.

16. Appoint Three ( 3) Members of the Public to the Community Trails Committee RECOMMENDATION: That the City Council review the Public Service Applications and appoint three (3) members of the public to the Community Trails Committee.

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

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

ANNOUNCEMENTS

CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code Section 54956. 9( d)( 2) and/ or ( d)( 3):

One case.

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.

December 13
2023
January 10; February 14; March 14; April 11; May 9; June 13; July 11; August 8; September 12; October 10; November 14; December 12
I, Betty Hughes, City Clerk, certify I caused to be posted this Agenda on or before November 3, 2022, by 5: 30 p. m., on our website at www.cityofhi.qhland. org and in the following designated areas:

Highland Branch Library Fire Station No. 1 City Hall
7863 Central Avenue 26974 Base Line 27215 Base Line
Date: November 3, 2022Y.

Betty Hughes, M C
City Clerk

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STAFF REPORT

TO THE CITY COUNCIL
DATE: November 8, 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
Denied _
Continued
Motion
Ayes
Noes
Tabled Abstain
Absent
LCity Clerk
Second Agenda Item No. I
File No.

City Manager
-8-

STAFF REPORT

TO THE CITY COUNCIL
DATE: November 8, 2022
FROM: Joseph A. Hughes, City Manager
PREPARED BY: Betty Hughes, MMC, City Clerk
SUBJECT: Minutes — October 11, 2022 Regular Meeting
RECOMMENDATION: Approve the minutes as submitted.

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

File No
City Clerk City r
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MINUTES

CITY COUNCIL REGULAR MEETING
OCTOBER 11, 2022

CALL TO ORDER
The regular meeting of the City Council of the City of Highland was called to order at 6: 00 p. m. by Mayor McCallon at the Donahue Council Chambers, 27215 Base Line, Highland, California.

The invocation was given by Pastor Willie Hicks, Harvest Care Church, and the Pledge of Allegiance was led by Council Member Solano.

ROLL CALL

Present: Chavez, Lilburn, McCallon, Solano, Timmer

Absent: None

REPORT FROM CLOSED SESSION
No meeting.

SPECIAL PRESENTATIONS
A proclamation was presented to Public Works Director/ City Engineer Zamano for National Pedestrian Safety Month.

PUBLIC COMMENT ( ITEMS NOT ON THE AGENDA)
Jane Bouch spoke regarding her gratitude for the support of the City and Police at the Chamber of Commerce 5K and 10K Run.

Gail Shelton spoke regarding the wonderful sponsorship and the support of the City and Police at the Chamber of Commerce 5K and 1 OK Run.

Christian Flores spoke regarding his appreciation to Community Development Director Mainez for serving as a bridge of communication between the residents of Fairway Mobile Home Estates and the mobile home park management.

CITY COUNCIL CONSENT CALENDAR
A MOTION was made by Council Member Timmer, seconded by Mayor Pro Tern 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.

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2. Minutes — September 13, 2022 City Council Regular Meeting Approved the Minutes as submitted.

3. Warrant Register
Approved Warrant Register No. 746 for October 11, 2022, in the amount of 1, 869,413. 56 and Payroll of $228, 910. 48.

4. Treasurer' s Report for August 2022
Received and filed Treasurer' s Report for August 2022.

5. Tract 18013 — Grant Deed to Transfer Ownership of Lot " A" Water Quality Management Plan ( WQMP) Basin, from MV 18013, LLC ( Monte Vista Homes) to the City of Highland
1) Accepted Grant Deed from MV 18013, LLC ( Monte Vista Homes); and 2) Directed the City Clerk to record the Grant Deed.

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

7. Staff Reoraanization/ Succession Planning in Buildinq Services, City Clerk and Engineering Departments
1) Approved staff reorganization including the adding/ reclassifying of new positions; and
2) Approved Resolution No. 2022- 050, a Resolution of the City Council of the City of Highland, California, establishing employee salaries; and 3) Authorized the City Attorney to finalize the All Covered full- time Information Technology ( IT) contract and authorized the City Manager to execute the contract when final.

RESOLUTION NO. 2022- 050

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

CALIFORNIA, ESTABLISHING EMPLOYEE SALARIES

8. Aareement with Countv of San Bernardino for Pavement Rehabilitation of Pumalo Street and other Roads ( Project str22001)
1) Approved Agreement with County of San Bernardino for Pavement Rehabilitation of Pumalo Street and other roads ( Project str22001); and 2) Authorized the City Manager to execute the agreement.

9. Adopt and Approve the Local Roadway Safety Plan
Adopted Resolution No. 2022- 051 approving the City of Highland Local Roadway Safety Plan ( LRSP).

RESOLUTION NO. 2022- 051

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

CALIFORNIA, APPROVING AND ADOPTING THE LOCAL ROAD

SAFETY PLAN

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

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

10. Municipal Code Amendment ( MCA- 21- 001): Amending Title 16, Chapter 16. 06 Definitions Chapter 16. 24 Employment District, Chapter 16. 44 Specific Development Standards, and Tables 16. 20. 030. A Uses Permitted within Commercial Districts; and 16. 52. 030.A Off -Street Automobile Parking Space Requirements of the Highland Municipal Code to Prevent the Over Concentration of Service Stations and Proactively Address the State' s Efforts Related to Zero - Emission Vehicles
Assistant Planner Tafolla stated good evening Mayor and Members of the City Council. This evening we will be reviewing a proposed amendment to the gas station section of the City' s municipal code. This amendment was initiated in August of 2021 after Council gave staff direction to review and analyze impacts on commercial and residential land use composition caused by the potential inundation of service stations in the City and as a result of the State's efforts related to zero emission vehicles. Interim Ordinance No. 449 was adopted and established a moratorium on August 24, 2021, on new and expanding fueling service stations. As directed by City Council, processing for service station projects which had undergone the pre -application process in addition to those which had already formally filed a conditional use permit or design review application prior to the moratorium, were allowed to move forward with entitlements. Since the adoption of the initial moratorium, staff has accepted one new proposed service station application that had gone through the pre -application process. During the moratorium period, staff met twice with the City Council Ad Hoc Subcommittee members, Mayor McCallon and Council Member Timmer, and worked closely with the City Attorney on the draft before you this evening. The key changes proposed included, redefining vehicle fueling stations to include alternative fuel vehicles, additional development standards to improve visual impacts, including canopy and lighting design requirements. Minimum separation distance specifications of 250 feet between vehicle fueling stations to reduce and avoid overconcentration and include one fast electrical vehicle charging station to be installed for every eight fuel pumps proposed or for stations with less than eight

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pumps, one fast electrical vehicle charging station. On September 6, 2022, the Planning Commission reviewed and recommends the City Council approve the subject ordinance. Staff would like to bring to your attention the operative ordinance begins on page 62 of the staff report.

Thank you, Mayor and Council. This completes my presentation. I will be happy to answer any questions you may have.

Mayor McCallon asked are there any questions of staff before we have public comment?
Council Member Chavez stated I just wanted to echo what Planning Commissioner Jarrod Miller said at the last meeting. Out of curiosity, how come there was not like a study that was added to this item?
Assistant Planner Tafolla stated staff did research with other cities and Planning Commission did make that recommendation, which was included in the staff report.

So if that is something that Council would like to do, a study can still be done.

Council Member Chavez stated yeah, it was out of curiosity if it was because we could not afford one or is because we did not have enough time, or is there a time constraint?
Assistant Planner Tafolla stated no.

Council Member Chavez stated it is neither.

Assistant Planner Tafolla stated neither.

Council Member Chavez stated so we just did not include the study? Assistant Planner Tafolla stated we just did not do the studies. It was just staff level.

Council Member Chavez stated okay.

Mayor Pro Tern Lilburn stated can I ask one question? So we had one new person follow through with their new application from the pre -approval.

Assistant Planner Tafolla stated correct.

Mayor Pro Tern Lilburn stated how many were pending for a CUP ( Condition Use Permit) or a new application and just did not follow through? Assistant Planner Tafolla stated just one. Well, there was two altogether that had gone through the pre application process. Of those two, only one submitted their application.

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Mayor Pro Tern asked did we follow up why the other one did not.

Assistant Planner Tafolla stated staff did not follow up on it.

Mayor Pro Tern stated OK.

Mayor McCallon asked are there any other questions of staff before we have public comment?
Mayor Pro Tern Lilburn stated do you think they are aware of this? Assistant Planner Tafolla stated I would believe so.

Mayor Pro Tern asked were they notified?
Assistant Planner Tafolla stated they were notified. Both of the preapplication applicants were notified of the meeting.

Council Member Timmer stated just a point. When we go through a development process for many different uses people pull applications, they file, they never come back. In fact, they even sometimes get their permits issued and never build. So there's business decisions involved in what they do and so something has changed for that particular applicant and so they decided not to run, go forward.

Mayor Pro Tern Lilburn stated I am not questioning, I just wanted to know if they did.

Council Member Timmer stated the only question I have is, if you are done Penny, on the second bullet point on page 3 of the staff report. It says clarify that selfservice car washes are permitted separately as it relates to fueling stations activities. Currently, I assume then that the gas station washing facilities or car wash facilities are permitted under one permit. So now they are talking about splitting them off if there is for different design reasons.

Assistant Planner Tafolla stated well Planning Commission was just concerned that if we did not include specific language in the new fueling station code, that there was a separate location within the municipal code for car washes, so there is a standalone car wash land use.

Council Member Timmer stated standalone, I understand.

Assistant Planner Tafolla stated right, and it can be as part of a gas station, but it is not. It previously was almost like it was clumped into one. So now there is a specific language.

Council Member Timmer stated so if a gas station proposal comes in with a car wash, they still only need one permit. Is that what we are saying?

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Assistant Planner Tafolla stated one entitlement.

Council Member Timmer stated so we are trying to make things easier, not more complex to get two permits for one business does not makes sense to me.

Assistant Planner Tafolla stated it all can be run under one permit, one entitlement.

Council Member Timmer stated I figured that is what we are saying but I just wanted to make sure, the wording is kind of... ok thank you, that is the only question I have Mayor.

Mayor McCallon stated I have no speaker slips is there anyone in the audience who wishes to speak on this item, either for or against? Seeing that, I will close the public hearing and bring it back to the Council for discussion and action.

Mayor McCallon stated I did make some recommendations, a couple of word changes on the ordinance and they are on page five of the staff report, Item 10.

Council Member Timmer asked what page Larry?
Mayor McCallon stated page 14, 1 guess, of the staff report.

City Attorney Marroquin stated I believe if we are looking at Item 10, 1 think it is on page 65 of the ordinance, Item 10 where it says air and water. Is that what you are referring to?
Mayor McCallon stated yes. I do not know the page numbers on the one I have, is it 65?
City Attorney Marroquin stated the ordinance is in there twice. There is a Planning Commission version and a City Council version. That is some of the confusion so it is page 65.

Mayor McCallon stated so page 10 where it says at convenient location during hours when gasoline is dispensed, I suggest we change gasoline to fuel, when fuel is dispensed. Also at the bottom of that page 15- A says the dispensing of petroleum products. I suggest we change petroleum to fueling products. And on my page 16, which would be 2 pages over, or D1, it says when we are talking about abandoned and converted vehicle fueling stations, where it says remove all gasoline pumps and pump islands, I suggest we change that to remove all fueling pumps and pump islands. And on page 17, which would be one page over from the other on E, which talks about converted vehicle fueling stations. It says in there included but not limited to removal of all gasoline appurtenances. I suggest we change gasoline to fueling.

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Assistant Planner Tafolla stated noted
City Attorney Marroquin stated Honorable Mayor, if I may, if we are making changes with respect to gasoline to fueling, can we also get direction just to make a global change? There' s a couple of other instances where gasoline pumps come up that were not noted. Did you want to change all references from gasoline pumps to fueling pumps?
Mayor McCallon stated I read the entire thing and those are the only places I found it.

City Attorney Marroquin stated I am seeing it on page 65 under 9A. It says, I am sorry, 9B electric vehicle charging stations shall be positioned to ensure vehicle queuing at gasoline pumps. Would you like that to read fueling pumps? Mayor McCallon stated yes, if it is there. I do not have a 9B on mine.

City Attorney Marroquin stated I believe then it might be that you are looking at the Planning Commission version versus the City Council version. I know, there is a lot of confusion due to that. There are other instances, I do not know if this is on your version, but on page 66 which is 12...

Mayor McCallon stated yes wherever, global change, wherever they mention gasoline put fueling or petroleum products put fueling.

City Attorney Marroquin stated we will absolutely do that.

Mayor McCallon stated I think that would be more clear in terms of, you know, if it is gasoline or electric or whatever, it is a fueling installation.

Mayor Pro Tern Lilburn stated so some of them do say the fueling, so that is the Planning Commission' s recommendation as well.

City Attorney Marroquin stated yes, there were some cleanup changes made from Planning Commission version to City Council version and so that is where there is that discrepancy.

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A MOTION was made by Council Member Solano, seconded by Council Member Chavez, to:
1) Adopt a Notice of Exemption and instruct staff to file a Notice of Exemption with the County Clerk of the Board; and
2) Introduced and conducted first reading of Ordinance No. 456 to amend Title 16, Chapter 16. 06 Definitions, Chapter 16. 24 Employment District, Chapter

16. 44 Specific Development Standards, and Tables 16. 20. 030. A Uses Permitted within Commercial Districts; and 16. 52. 030. A Off -Street Automobile Parking Space requirements of the Highland Municipal Code to prevent the over concentration of service stations and proactively address the state' s efforts related to zero -emission vehicles, as amended. Motion carried, 5- 0.

City Clerk Hughes introduced Ordinance No. 456:

ORDINANCE NO. 456

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA, AMENDING TITLE 16, LAND USE AND DEVELOPMENT OF

THE HIGHLAND MUNICIPAL CODE, PERTAINING TO VEHICLE FUELING

STATIONS, AMENDING THE PROCESS FOR OBTAINING AN ENTITLEMENT

PROCESS IN THE EMPLOYMENT DISTRICT FROM DESIGN REVIEW TO

STAFF REVIEW AND MAKING A FINDING OF EXEMPTION UNDER

CALIFORNIA ENVIRONMENTAL QUALITY ACT, MUNICIPAL CODE
AMENDMENT MCA 21- 001
which title was read.

CITY COUNCIL LEGISLATIVE

11. Introduction and First Reading of an Ordinance of the City Council of the City of Highland, Amending Title 15 of the Highland Municipal Code to Adopt the 2022 California Building Code, Volumes I and 11, including Chapter 1, Division II and Appendix H, the 2022 California Fire Code including Chapter 1, Division II and Appendices I, N and O, the 2022 California Existing Building Code including Chapter 1 Division 11, the 2022 California Residential Code including Chapter 1, Division II and Appendix AX, the 2022 California Electrical Code including Article 89, the 2022 California Plumbing Code including Chapter 1, Division 11, the 2022 California Mechanical Code including Chapter 1, Division 11, the 2022 California Green Building Standards Code includinq Chapter 1, Division 11, and Making a Finding of Exemption under the California Environmental Quality Act Building Official Wirz gave a brief review of the staff report.

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A MOTION was made by Council Member Solano, seconded by Mayor Pro Tern Lilburn, to:
1) Waive full reading and introduce Ordinance No. 457, read by title only; and 2) Schedule a public hearing on the proposed adoption of Ordinance No. 457 at the November 8, 2022 City Council meeting, and direct staff to provide notice of said public hearing. Motion carried, 5- 0.

City Clerk Hughes introduced Ordinance No. 457
ORDINANCE NO. 457

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA, AMENDING TITLE 15 OF THE HIGHLAND MUNICIPAL CODE TO ADOPT THE 2022 CALIFORNIA BUILDING CODE, VOLUMES I AND II, INCLUDING CHAPTER 1, DIVISION II AND APPENDIX H, THE 2022 CALIFORNIA FIRE CODE INCLUDING CHAPTER 1, DIVISION II AND APPENDICES I, N AND 0, THE 2022 CALIFORNIA EXISTING BUILDING CODE INCLUDING CHAPTER 1, DIVISION II, THE 2022 CALIFORNIA RESIDENTIAL CODE INCLUDING CHAPTER 1, DIVISION II AND APPENDIX AX, THE 2022 CALIFORNIA ELECTRICAL CODE INCLUDING ARTICLE 89, THE 2022 CALIFORNIA PLUMBING CODE INCLUDING CHAPTER 1,
DIVISION II, THE 2022 CALIFORNIA MECHANICAL CODE INCLUDING CHAPTER 1, DIVISION II, THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE INCLUDING CHAPTER 1, DIVISION II, AND TOGETHER

WITH CERTAIN AMENDMENTS THERETO MAKING A FINDING OF

EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT which title was read.

12. Use of State and Local Fiscal Recovery Funds ( SLFRF) through the American Rescue Plan Act (ARPA). This is the second installment ( ARPA # 2) Director of Administrative Services Dantuono gave a brief review of the staff report.

A MOTION was made by Council Member Timmer, seconded by Council Member Solano, to:
1) Authorize the expenditures of the $ 7, 447,553, 50 for the SLFRF funds ARPA # 2) for the programs and amounts described in Attachment # 1 and authorize the Finance/ Personnel Subcommittee to move any funds as needed in the future within the approved categories; and 2) Authorize budget adjustments for Fiscal Year 2022/ 2023 in the amount of 1, 900, 000. Motion carried, 5- 0.

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13. City Manager Report and Comments ( Work Program, Regional/ Legislative/ Development Issues, Subcommittees, etc.)
City Manager Hughes stated just a just a few updates on a couple items. The SR 210/Victoria Avenue Interchange, the kickoff project development team meeting was held today with Caltrans District 8 staff and San Manuel to officially get the project underway. City staff will meet monthly with Caltrans to monitor the progress of this project. Project approval and environmental documentation phase is anticipated to be completed in two years. The City audit is almost complete. The auditors have been working hard the past couple of weeks working with staff. It will be coming forward to the Finance Subcommittee in November and then on to the City Council in December. On October 4, the Planning Commission Appeals Board adopted declarations for public nuisances for the following properties, 6956 Palm Avenue, 25191 5th Street, and vacant parcels at the northwest corner of 3rd and Central Avenue. They were for various issues, unsafe structures, unpermitted land use and property maintenance issues. The City' s project to demolish a singlefamily home at 7433 Central Avenue has been completed. The small home was removed from the Housing Authority property to make way for a future senior housing project that we are currently working with Wakeland Housing and Development Corporation on. You may want to do a quick search when you get home. Wakeland just opened up a new project in LA ( Los Angeles), a very nice project, and they just received a lot of news coverage from ABC7. It was a pretty big deal. The Historic and Cultural Preservation Board met on October 6 and begin preparations for the Citrus Harvest Festival. The board discussed the festival layout, sponsorships, entertainment, historic walking tour and car show. Just a reminder, the State of the City address is this Thursday. It will be held at the San Manuel Event Center at Highland and Boulder. Registration is at 5: 30 p. m., the program begins at 6: 30 p. m. The Volunteer Dinner will be held November 10 and will be held at the same location at the San Manuel Event Center. On October 29 from 10: 00 a. m. to 2: 00 p. m. the DEA National Prescription Drug Take Back Program will be held, and it will be down at the Highland Police Station. On Saturday, November 5 there will be a Highland Improvement Team cleanup.

November 28 will be a blood drive from 12: 00 p. m. to 5: 00 p. m. at the Highland Police Station. Burrtec illegal dumping work orders are up dramatically. September was 212 and that was the highest that we have had since starting the program. For the Fire Department, some stats for the month of September. The Highland Fire Department responded to a total of 683 calls for service, 500 of those were medical aids. There were 44 traffic collisions, 9 false alarms, there were four vehicle fires, 25 other fires, 9 structure fires and 3 vegetation fires. The Highland Police Department, from September 12 to October 9, responded to 3, 072 calls for service, took 273 reports. Our Sheriffs Department received a grant, it actually went out to every city, but we received one for $61, 000 from the Office of Traffic Safety ( OTS) for additional overtime. That is in addition to the $ 150,000 additional overtime that the Council approved tonight. The nice thing about that OTS grant is that we do not have to oversee it; it is all done through the County. So the money will come into Highland, but the County deals with all the headaches.

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14. Council Member Comments ( Agency/Committee/AB 1234 Reports, District Updates, etc.)
Mayor Pro Tern Lilburn stated that the property on Central looks very good with all of that gone. Just a couple of things I wanted to say, I am looking forward to the State of the Community. I wanted to thank the Chamber for asking me to be their guest speaker this month and the Women's Club and invite everyone to the Highland Senior Center' s Annual Craft Fair this Saturday starting at 9 a. m. to 1 p. m. We have 35 vendors coming out so we invite you all to come and get your early shopping done.

ANNOUNCEMENTS
None

CLOSED SESSION
None

ADJOURN
There being no further business, Mayor McCallon adjourned the meeting at 6: 37 p. m. in memory of John Lorei and James ' Jaime' Ramos.

Submitted By:

Betty Hughes, MMC
City Clerk
Approved By:

Larry McCallon
Mayor

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-20-

STAFF REPORT

TO THE CITY COUNCIL
DATE: November 8, 2022
FROM: Joseph A. Hughes, City Manager
REVIEWED BY: Chuck Dantuono, Director of Administrative Services/City Treasurer rzvp PREPARED BY: Leticia Nava -Cruz, Assistant Director of Administrative Services SUBJECT: Warrant Register # 747
RECOMMENDATION: City Council to approve Warrant Register # 747; Warrants in the amount of 1, 593,409.81 and Payroll in the amount of $215,296. 19.

FISCAL IMPACT: The total of Cash and Expenditures is $ 1, 808, 706. 00.

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

BACKGROUND: See Printouts Attached.

Approved Motion_
Denied Ayes_
Continued Noes
Tabled Abstain
1 4
Absent
L -
t(1
City Clerk
Second Agenda Item No.

File No,
City Manager
-21-
Warrants:

CITY OF HIGHLAND
WARRANT REGISTER # 747
November 8, 2022
10/ 7/ 2022 Payroll Wire # 719- 722 & Ck # 86013- 86014 65, 315. 57 10/ 11/ 2022 Ck# 86015- 86041 122, 253. 11
10/ 18/ 2022 Ck# 86042- 86085 1, 125, 150. 58
10/ 21/ 2022 Payroll Wire # 723-726 & Ck # 86086- 86087 62, 223. 77 10/25/2022 Ck# 86088- 86125 98, 543. 70
11/ 1/ 2022 Ck# 86126- 86155 & Wire# 1002232948 119, 923. 08 Total Warrants $ 1, 593, 409. 81
Payroll:
10/ 7/ 2022 Direct Deposits # 12229- 12270 105, 804. 99 10/ 7/ 2022 Ck # 671 283. 81
10/21/ 2022 Direct Deposits # 12271- 12311 108, 923. 58 10/ 21/ 2022 Ck # 672 283. 81
Total Payroll $ 215, 296. 19
Total Warrants & Payroll—$ 1, 808, 706. 00
APPROVED BY:

Larry McCallon Jose . Hughes
Finance Subcommittee Ci anager
42Q0Q5Z'1\-
John Timmer Chuck Dantuono
Finance Subcommittee Director of Administrative
Services/ City Treasurer
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DATE:

FROM:

PREPARED BY:

SUBJECT:

RECOMMENDATION:

FISCAL IMPACT:

PUBLIC NOTICE

STAFF REPORT

TO THE CITY COUNCIL
November 8, 2022
Joseph A. Hughes, City Manager
Chuck Dantuono, Director of Administrative Services/ City Treasurer C36D Treasurer' s Report for September 2022
City Council to receive and file the Treasurer' s Report for September 2022 Cash and Investments:

General Fund
Special Revenue Funds
Internal Service Funds
Capital Projects Funds
Agency Funds
Housing Authority Fund
SARDA Funds
6, 812, 058. 60
39, 913, 383. 58
4, 635, 976. 62
20, 800, 549. 74
1, 335, 264. 59
3, 637, 256. 90
3, 080, 823. 35
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 $ 75M.

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

File No
City Manager
-1-

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

Cash on Hand -Office Petty Cash & Change Fund Accounts
Wells Fargo Checking Account
1, 150. 00
27, 053, 057. 43

MATURITY PAR ORIGINAL

DESCRIPTION PERIOD YIELD VALUE COST
INVESTMENTS: LOCAL GOVERNMENT INVESTMENT POOLS
California Treasurer' s Local Agency Investment Fund ( LAIF) n/ a 1. 513% General Fund 5, 784, 104. 32
Special Revenue Funds 17, 769, 986. 00
Internal Service Funds 4, 412, 237. 00
Capital Projects Funds 12, 884, 076. 00
Total City LAIF Funds 40, 850, 403. 32
Housing Authority Fund
Total Housing Authority LAIF Funds
Total LAIF Funds
1) Maximum limits on accounts are $ 75M City and $ 75M 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 August 2022 is on- line for listing of investments. 5) Market Value is based on the September 30, 2022 applicable percentage of 0. 980760962. 6) Market Value is $ 43, 560, 409. 03 ($ 44, 414, 909. 15 x 0. 980760962).

California Asset Management Program ( CAMP) n/ a 2. 610% General Fund
Special Revenue Funds
Capital Projects Funds
Total CAMP Funds
INVESTMENTS: FISCAL AGENT ACCOUNTS
US Bank Corporate Trust Services ( Community Facilities Districts) Community Facilities District ( CFD) 90- 1
Administrative Expense Fund # 128262- 011
US Bank Money Market Account CUSIP # 8AMMFOAP6
Fire Protection Expense Fund # 128262- 012
US Bank Money Market Account CUSIP # 8AMMFOAP6
Police Protection Expense Fund # 128262- 013
US Bank Money Market Account CUSIP # 8AMMFOAP6
Community Facilities District ( CFD) 2001- 1
Special Tax Fund # 217795000
US Bank Money Market Account CUSIP # 8AMMFOAP6
Interest Account # 217795001
US Bank Money Market Account CUSIP # 8AMMFOAP6
Principal Account #217795002
US Bank Money Market Account CUSIP # 8AMMFOAP6
Administrative Expense Account # 217795003
US Bank Money Market Account CUSIP # 8AMMFOAP6
Surplus Fund # 217795004
US Bank Money Market Account CUSIP # 8AMMFOAP6
Community Facilities District ( CFD) 2007- 1
Administrative Expense Fund # 260722000
US Bank Money Market Account CUSIP # 8AMMF0390
Fire Expense Fund # 260722001
US Bank Money Market Account CUSIP # 8AMMF0390
Police Expense Fund #260722002
US Bank Money Market Account CUSIP # 8AMMF0390

TOTAL INVESTMENTS US BANK ( COMMUNITY FACILITIES DISTRICTS) 0 3, 564, 505. 83
3, 564, 505. 83
132, 807. 98
1, 566, 467. 00

5. 745. 377. 00
44, 414, 909. 15
7, 444, 651. 98
n/ a 0. 00% 94, 439. 67 94, 439. 67
n/ a 0. 00% 3, 037. 71 3, 037. 71
n/ a 0. 00% 1, 123. 55 1, 123. 55
n/ a 0. 00% 1. 52 1. 52
n/ a 0. 00%
n/ a 0. 00%
n/ a 0. 00% 13, 921. 96 13, 921. 96
n/ a 0. 00% 29, 278. 64 29, 278. 64
n/ a 0. 00% 8, 543. 84 8, 543. 84
n/ a 0. 00% 0. 49 0. 49
n/ a 0. 00% 0. 74 0. 74
150, 348. 12
-2-

DESCRIPTION
INVESTMENTS: FISCAL AGENT ACCOUNTS ( continued)
US Bank Corporate Trust Services ( SARDA)
2004E Tax Allocation Refunding Bonds
Special Fund 786709001
Federated Treasury Obligations CUSIP # 60934N872
Interest Fund 786709002
Federated Treasury Obligations CUSIP # 60934N872
Principal Fund 786709003
Federated Treasury Obligations CUSIP # 60934N872
Reserve Fund 786709004
Federated Treasury Obligations CUSIP # 60934N872
2015A Tax Allocation Refunding Bonds
Special Fund 268777000
Federated Treasury Obligations CUSIP # 60934N872
Interest Fund 268777001
Federated Treasury Obligations CUSIP # 60934N872
Principal Fund 268777002
Federated Treasury Obligations CUSIP # 60934N872
Reserve Fund 268777004
Federated Treasury Obligations CUSIP # 60934N872
Expense Account268777006
Federated Treasury Obligations CUSIP # 60934N872
2017 Tax Allocation Refunding Bonds
Debt Service Fund 259928000
Federated Treasury Obligations CUSIP # 60934N872
Interest Fund 259928001
Federated Treasury Obligations CUSIP # 60934N872
Principal Fund 259928002
Federated Treasury Obligations CUSIP # 60934N872

TOTAL INVESTMENTS US BANK ( SARDA)

TOTAL CASH AND INVESTMENTS

MATURITY PAR ORIGINAL

PERIOD YIELD VALUE COST
n/ a 2. 59% 633. 88 633. 88
n/ a 0. 00%
n/ a 0. 00%
n/ a 2. 59% 176, 424. 30 176, 424. 30
n/ a 2. 60% 46. 14 46. 14
n/ a 0. 00% 0. 01 0. 01
n/ a 0. 00%
n/ a 2. 59% 960, 345. 23 960, 345. 23
n/ a 2. 59% 13, 553. 21 13, 553. 21
n/ a 2. 59% 81. 59 81. 59
n/ a 2. 59% 112. 34 112. 34
n/ a 0. 00%
1, 151, 196. 70
80, 215, 313. 38
All investments are placed in accordance with City of Highland' s Investment Policy and Guidelines. The above summary provides sufficient cash flow liquidity to me e next six month' s estimated expenditures. This report is in accordance with Government Code Section 53646.

SIGNED: SIGNED:

Joseph ughes Chuck Dantuono

CITY NAGER DIRECTOR OF ADMINISTRATIVE

SERVICES/ CITY TREASURER
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STAFF REPORT

TO THE CITY COUNCIL
DATE: November 8, 2022
FROM: Joseph Hughes, City Manager
REVIEWED BY: Carlos Zamano, Public Works Director/City Engineer G PREPARED BY: Jim Richardson, Public Works Manager
SUBJECT: Bid Rejection — Bid No. 2022- 08, Emmerton Lane Trail Restoration and Improvement Project
RECOMMENDATION: It is recommended that the City Council ( 1) reject all bids, ( 2) direct staff to modify the project plans and specifications as necessary, and ( 3) re -advertise for construction bids.

FISCAL IMPACT: None.

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: Bid No. 2022- 08 consists of the following work:

1. Demolition and removal of portions of concrete curb and gutter and mow curbs, and removal of existing wood water bars within the trail.

2. Construction of new concrete water bars to remove water from the trail to the outer curb at the street.

3. Re -grade the trail with proper cross slopes.

4. Place and compact 4" stabilized decomposed granite surface over the trail.

5. Fine grade and add wood mulch to areas of East Highland Ranch maintained landscaped areas impacted by work.

Two bids for construction of the Emmerton Lane Trail Restoration and Improvement project were received and opened on October 26, 2022. Following are the bid results:

Bidder Bid Amount
Kormex Construction, Inc. $ 137, 050
Gentry General Engineering Inc. $ 203, 208
pproved Motion Second
Denied Ayes
Continued Noes
Tabled Abstain
Absent
City Clerk City Ma
Agenda Item No.

File No.
-1-
The apparent low bid was received from Kormex Construction, Inc. ( Kormex) of Ontario.

Subsequent to the bid opening, Kormex submitted a request to withdraw their bid citing a mistake in their bid that it did not show the correct quote for one of the bid items, resulting in a 52, 000 discrepancy. Public Code Section 5103 allows the City to relieve a contractor of its bid if the following criteria are met:

1. A mistake was made in the bid - Information provided by Kormex indicates the wrong unit price for Bid Item No. 5 to install 26 new concrete water bars was included in the bid. The written unit cost of $1, 250 was meant to be $ 3, 250. Kormex' s explanation of this mistake is acceptable because the quote from the other bidder for the same bid item was $ 4, 700 for each new concrete water bar.

2. The bidder is to provide written notification to the public entity of the mistake within five 5) working days after the bid opening - Kormex notified the City that a mistake was made in their bid and how it was made via a telephone message and letter dated October 26, 2022, within five days after the bids were opened, see attachment.

3. The mistake made the bid materially different than the bidder intended it to be - Kormex intended Bid Item No. 5 unit price to be $ 3, 250. The $ 52, 000 mistake caused a 38% reduction in the total bid amount, which is materially different than the bidder's intended total bid amount.

4. The mistake was done in filling out the bid and not due to error in judgment or to carelessness in inspecting the site or in reading the plans and specifications - The mistake appears to be a human error in filling out the bid.

Due to the withdrawal of the apparent lowest bidder, and the only remaining bid being more than double of the available budget of $ 100,000 in the General Capital Financing fund for construction of this project, staff recommends that both bids be rejected. Staff will also review the bid documents with the City's consultant landscape architect to see if any modifications to the project requirements may be appropriate prior re -advertising for construction bids.

Attachments

1. Location Map

2. Kormex Bid Withdraw Letter
-2-
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-3-
Kormex Construction Inc.

October26' JOZZ
City ofHighland
Attn: Jim Richardson
Re: ErnrnertonLane Trail Restoration and Improvement Project Clerical Error on Bid Item No. 5 Dear
Mr, Richardson Please
be advised that Kormex Construction, Inc, made aclerical error on the mentioned projectthat bid onOctober 26,2OZ2. The mistake made the bid materially different than vveintended ittobe. The mistake was made infilling out the bid and not due toerror in judgment D/tOcarelessness | n inspecting the site ofthe work, or\nreading the plans orspecifications. The mistake - Kormex inputted the wrong bid price for theBid Item No. 5 inits Unit Price. Konnex intended cuinput $ 3' 25Ounit total for aieitem, however, vveerrantly inputted l'ZS0 This made a difference inour total price for the item being $52' 000 less than we intended ittobe. Kornnex respectfully requests to relieved of this bid. fyou have any questions, please call nneat657' 274- 9959 Thank
You w KC]RN1X WON,|NC. Esnrnacor/ rrogect/ wanager
-4-
abled

STAFF REPORT

TO THE CITY COUNCIL
DATE: November 8, 2022
FROM: Joseph A. Hughes, City Manager
REVIEWED BY: Lawrence A. Mainez, Community Development Director PREPARED BY: Kim Stater, Assistant Community Development Director SUBJECT: Proposed City of Highland Community Development Block Grant (CDBG) Applications for Fiscal Year 2023-2024.

RECOMMENDATION: Staff recommends the City Council:

1. Approve the City' s Application for Enhanced Code
Enforcement that supports a portion of the salary and
benefits of a Code Compliance Officer, Administrative
Assistant, and Community Development Director; and

2. Approve the City' s Application to construct pavement rehabilitation and ancillary work on two streets located in neighborhoods within the CDBG Low -Moderate Income
eligible block area boundaries including: 1) Union Street between Elmwood Court to Del Rosa Avenue and 2)
Elmwood Court between Union Court and north end.

FISCAL IMPACT: The City' s grant allocation in Fiscal Year 2023- 2024 has not yet been determined by the US Department of Housing and Urban Development ( HUD).

For the purpose of applying, staff will assume that it will be similar to the 2023- 2024 allocation of $ 424, 021.

A maximum of fifteen percent ( 15%) of the City's allocation may be used for Public Service Projects. Examples of prior Public Service Project recipients include the Highland Branch Library, YMCA, Highland Senior Center, and Central Little League.

The remainder must be used for Construction Improvement Projects. Examples of these Motion
Ayes
Noes
Abstain
Absent
City Clerk
Second
City
Agenda Item No.

File No.
-1-
City Council Meeting of
November 8, 2022
2023- 2024 CDBG Applications
include curb/ gutter/ sidewalk construction and rehabilitation projects as well as Code Enforcement.

Public Service Applications
Staff did not prepare applications on behalf of the City that would be categorized as Public Service."
Construction Improvements Project Proposal Applications Staff prepared two " Construction" Applications:

1. Enhanced Code Enforcement: $ 120,000 total request:
a. $ 18, 300 to fund a portion of the salary and benefits of the Community Development Director position.
b. $ 57,248 to fund a portion of the salary and benefits of a full-time Code Compliance Officer position.
c. $ 44,452 to fund a portion of the salary of an Administrative Assistant.

2. Pavement Improvements: $ 200, 000 request to construct pavement improvements and ancillary work on Union Street from Elmwood Court to Del Rosa Avenue and Elmwood Court from Union Court to north end.

PUBLIC NOTICE: The agenda was posted at the City' s three ( 3) designated posting locations as required by Resolution and on the City' s Website.

BACKGROUND: The San Bernardino County Department of Community Development and Housing is currently accepting CDBG applications for Fiscal Year 2023- 2024. The deadline for submittal is December 7, 2022.

The County will determine project eligibility on behalf of the HUD. Eligible Applications from the City and all other Community Based Organizations will be returned to the City in January for prioritization by the City Council.

The following is a brief summary of the City' s proposed Applications:
-2-
City Council Meeting of
November 8, 2022
2023- 2024 CDBG Applications

1. Enhanced Code Enforcement Funding of this program would continue the ongoing revitalization effort, development, and revitalization activities in the CDBG Target Area. Code Enforcement has received CDBG funding since 1995 to fund a portion of Code Enforcement activities in the CDBG Target Area. Funding will provide for focused efforts in abating substandard housing and blight in the Target Area ( see Attachment 1 Enhanced Code Enforcement Application).

2. Pavement Improvements Construct pavement improvements and ancillary work Union Street and Elmwood Court. The proposed work will include design and construction of 29,452 square feet of pavement rehabilitation and extend the service life for another 20 years ( see Attachment 2 — Pavement Improvements).

The above CDBG Applications request a total of $ 320, 000 in Construction Improvements Project Proposals.

Attachment 1 - Enhanced Code Enforcement Application
Attachment 2 - Pavement Improvements Application
-3-
City Council Meeting of
November 8, 2022
2023- 2024 CDBG Applications
-4-
ATTACHMENT 1
Enhanced Code Enforcement Application
-5-
Construction Program Application
Fiscal Year 2023 — 2024
Log Number
Office Use Only)

SA' BERNARDINO
COUNTY
San Bernardino County
Fiscal Year 2023 - 2024
Construction Improvement Application
The following documents must be submitted in the order listed, please be sure to submit all attachments to your application.

Exhibit 1: Organization Information
Exhibit 2: Project Information
Exhibit 3: Project Characteristics
Exhibit 4: Priority Needs:

Exhibit 5: Project Budget & Sources
RIExhibit 6: Proposed Goals and Milestones
Exhibit 7: Agency Capacity Narrative
Exhibit 8: Civil Rights Laws Compliance And HUD Good Standing nExhibit 9: Signatures And Assurances
Maintenance And Operations Agreement
Application Checklist
-6-
Construction Program Application
Fiscal Year 2023 - 2024
Exhibit 1: Organization Information
Organization Name:

City of Highland
Organization Address:
27215 Base Line
City/State/Zip: Hi hland / California / 92346
Phone: 9 998648732
Fax: 9098623180
Email: kstater cit ofhi hland. or
Applicant Type: lConstruction
Authorized Person Name: Lawrence A. Mainez
Authorized Person' s Title: lCommunity Development Director Address: 27215 Base Line
City/State/Zip: lHighland / California / 92346
Phone: 9098648732
Fax: 19098623180
Email: mmainez cit ofhi hland. or
Application Contact Person' s Name: Kimberl Stater
Application Contact Person' s Title: Assistant Community Development Director Explain the Agency' s 1) Mission, 2) Purpose, 3) Population Served, 4) Number of years serving 000ulation. 5) Supportive Services, their Funding Sources, and Start/ End Dates. 1) Highland is dedicated to the betterment of the individual, the family, the neighborhood and the community. The City Council and the staff 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. The mission is established to reflect the following beliefs which represent the predominant beliefs of the community. They express what matters most in the conduct of public affairs affecting the citizenry of Highland; responsibility, services accountability, creativity, neighborhood sustainability, vision and family. 2) The City' s purpose is to develop a vibrant economy for the benefit of our citizens and businesses. 3) Highland has a diverse population of approximately 56,000 persons.4) The City of Highland incorporated in 1987, serving the community for 35 years. 5) N/ A
-7-
Construction Program Application
Exhibit 2: Project Information
Project Title:

Enhanced Code Enforcement
Address:
7215 Base Line
City / State/ Zip:

Highland / California / 92346
County Supervisorial District where project will be located:
1s` District 2nd District ® 3rd District: 4`" District
Fiscal Year 2023 - 2024
5th District
Is this a new construction project, or a request for additional funding to an existing CDBG Project? Request for additional funding to an existing CDBG project If requesting additional funds for an existing CDBG project, provide prior CDBG project number? HIGH- 22- 1- 15- 1355
Proiect Tvpe ( Description):

The project proposes to revitalize lower -income neighborhoods and improve public health and safety through the outreach and enforcement of property maintenance standards. The program would partially fund three City staff. Staff would inspect and identify residential and commercial property deficiencies, contact the responsible party, provide resources for abatement, and conduct outreach in response to homelessness.

Eligible Block Group
Indicate eligible Block Group to be benefited by CDBG Funds requested.

Provide a map identifying the eligible census block as indicated in the Eligible Census Blocks. 090710063022, 06710064021, 06710064022, 060910065, 00106091, 007408206, 0710074072, 060710074101, 060710076011, 060710076012, 060710076013, 060710076014, 060710076031, 060710076032, 060710076033, 060710076042 -8-
Construction Program Application
EXHIBIT 2A: Countywide Vision
Fiscal Year 2023 - 2024
Indicate Yes/ No in the table below which countywide vision goals are pertinent to the proposed project.

Countywide Vision
Countywide Vision Yes/ No
Implement the Countywide Vision.

Yes
Create, Maintain and Grow Jobs and Economic
Value in the County. No
Improve County Government Operations.

No
Operate in a Fiscally -Responsible and Business -Like
Manner. Yes
Ensure Development of a Well -Planned, Balanced,
and Sustainable County. Yes
Maintain Public Safety.

Yes
Provide for the Health and Social Services Needs of
County Residents.

Yes
Pursue County Goals and Objectives by Working
with Other Governmental Agencies.

Yes
Provide a brief narrative of how your project meets the Countywide Vision:

Highland shares the County' s vision for a vibrant economy, quality community health, public safety and housing. Providing quality housing to all economic segments of the community and ensuring all residents have a neighborhood in which individuals and families can thrive and be proud of is a key component to the community' s success. To achieve these goals, the City must stop neighborhood decline through the enhancement of Code Enforcement efforts and outreach. Staff will seek to eliminate the accumulation of trash and debris, substandard housing, abandoned vehicles, overgrown vegetation and zoning violations that negatively affect the quality of life for individuals, families and neighborhoods. The project would partially fund a Code Compliance Officer who would conduct inspections and abate violations, a portion of an Administrative Assistant to assist with admin duties, and a portion of the Community Development Director who will provide direction on an as -needed basis. -9-
Construction Program Application
Fiscal Year 2023 - 2024
Exhibit 3: Project Characteristics
Street address and nearest cross streets of the site where the program will be carried out:

Legal property owner:

What is the current zoning? ,
Is this use permitted in this zoning?
Is a conditional use permit required? Yes/ No
Complete applicable items for all construction projects:

Assessor's parcel number:

Square footage of proposed building or building addition:

Square footage of construction site parcel:

Length of improvements if street, water or sewer project:

Service capacity of existing facil
Improved service capacity of the facility:

Age of structure:

Is the structure registered as a historic landmark under state, federal or local Law? Describe the geographic boundaries of the neighborhood, community, or region to be served by this project. This description must include service area boundaries if land nf-ni iici+inn nr stri inti jral improvements are proposed ( attach a map):

The boundaries can be described as the City' s CDBG Target Area generally located south of Highland Avenue and west of State Route 210.
5 -10-
Construction Program Application
Exhibit 4: Priority Needs:

Complete the table below by answering " Yes" or " NO".

Fiscal Year 2023 - 2024
Public Facility' s Needs: Yes/ No:

Senior Center Improvements No
Community Center Improvements No
Child Care Center Improvements No
Youth Center Improvements No
Park & Recreation Improvements No
Social Care Facility Improvements No
Code Enforcement Needs Yes
Code Enforcement Yes
Demolition and Clearance Yes
Blight Abatement Yes
Infrastructure Needs No
Water and Sewer Improvements No
Drainage Improvements No
Street Improvements No
Sidewalk Improvements No
Commercial/ Industrial Infrastructure Development No
Accessibility Needs No
Removal of Architectural Barriers No
Historic Preservation Needs: Yes
Historic Preservation Improvements Yes
Other:

No
-11-
Construction Program Application
Exhibit 4: Priority Needs ( continued)
HUD Demographics: ( Please indicate Yes/ No)
Does this project help prevent homelessness?
No
Does this project help the homeless?
Yes
Does this project help those with HIV or AIDS?
No
Does this project primarily help persons with disabilities? No
Why this project is considered a priority?
Fiscal Year 2023 - 2024
The project protects and improves the physical health and economic vitality of its residents and businesses by ensuring health & safety and property maintenance Code violations are corrected. The City halts the deterioration of housing stock in lower income neighborhoods. vvnv tnls projeci Is neeUeu, JItC UM: GVIU611%..c w --- The project is needed to improve property conditions in the City, encourage affordable housing and improve living conditions. The Target Area suffers from blighted conditions such as a lack of property maintenance, substandard living conditions, illegal and unsafe structures.

Why must this proposed project be funded now versus receiving funding in future o rc')
decline of residential and non- residential infrastructure is incremental. The longer the City is to address issues, the more numerous and compounded they become.

What are the ramifications if this project is not recommended for tunding in tnls rlscal ie City' s Code Enforcement efforts would be reduced. Violations may go unanswered and rther the decline of properties in the CDBG Target Area. Housing neighborhood stabilization forts would suffer and recover in the City' s economically disadvantaged neighborhoods ould be impaired.
-12-
Construction Program Application
Fiscal Year 2023 - 2024
What is the Droiect' s population to be served?
The project will be conducted within the City' s CDBG Target Area and will assist the economically disadvantaged. It will serve families of low, very -low and extremely -low income.

It will serve areas that contain the oldest housing stock in the City with the least amount of infrastructure and opportunities.

IA/ ham+ i- + ko r%rrniortc nrrrmmnlishmPnt level?
V VIIUI - Li N, vwv.v .......-...,-•----------- -
The project will reduce the number of substandard property violations including the accumulation of trash and debris, overgrown vegetation, illegal construction, inoperative vehicles, etc. Efforts will make a visible and quantifiable improvement. While addressing violations, staff will direct resources related to housing and economic development programs that assist disadvantaged families.

Summarize the Scope of Work; include in your summary the number of units or a:.,: a; 41,,. ., or+ %A/ ill rmmnlafia With C' nRG Hinds.

The Officer will conduct daily inspections and issue warnings and violations as necessary.

They will provide residents with referrals to housing advocates, legal aide and other social services. The Officer will coordinate with San Bernardino County Animal Control, Weed Abatement, Vector Control and Sheriffs Office. Approximately 100 inspections can be expected each month at 70 properties resulting in 20 violations. The Administrative Assistant will manage the related document filing to maximize the Officer' s time in the field.

L - -
Describe how the project preserves a low ano mUUelale- 111k U1I1c I I %- JI 11-, w, rovides other community DeneTlTs.

The project will halt and improve property conditions. Considerable decline is visible in the lack of maintenance, illegal additions, abandoned vehicles, overgrown vegetation, etc. The identification and rectification of these items will improve individual properties, their surrounding neighborhood, and City as a whole. Business attraction and retention within the Target Area is key to revitalization of vacant and substandard commercial and industrial properties.
-13-
Construction Program Application
Exhibit 5: Project Budget & Sources
Fiscal Year 2023 - 2024
Provide the estimated financial data for the project as requested below for the appropriate project group. Costs should be based on the best information available. When preparing this data, consider the following factors: ( a) project should be completed in one phase if possible, or if phased, operational capability of the phases should be independent of each other: ( b) a phased project should be prioritized and broken into distinct parts, with estimated cost and priority for each part; ( c) apply federal prevailing wage rates to construction projects over 2, 000.

Project Budget
SB County Share ($): Other Source ($):

Architectural and
engineering services
Site acquisition
Local Review application
Construction
Other: 120, 000. 00 251, 750. 00
Total 120, 000.00 251, 750. 00
Overall Total Project Cost: ( CDBG Share + Other Source) 371, 750. 00 -14-
Construction Program Application
Fiscal Year 2023 - 2024
Exhibit 5A: CDBG Funds Requested and Leveraging Information Indicate the amount being requested by the city.

City Amount Requested ($)
This amount should match the grand
total requested from CDBG Share
120, 000. 00
Leveraging items may include any written commitments that will be used towards your cash match requirements in the project, as well as any written commitments for building, equipment, materials, services and volunteer time.

Source of Type of Funding: ( Grant Name, Amount( Date
Funding: EFSP Money) Available:
1112212016
Federal
Funding
State
Funding
County
Funding
Private
Funding
Other: City of Highland General Fund 251, 750. 00 07/ 01/ 2023 Total Leveraging Funds 251, 750. 00
10 -15-
Construction Program Application
Fiscal Year 2023 - 2024
Exhibit 6: Proposed Goals and Milestones
Explain how the project will meet contract goals and milestones. For example, project expenditures and performance/ accomplishment goals of 40% by September 30t", 50% by December 31st, 80% by March 31st, and 100% by June 30t`'.

Staff will notate time spent on the project by location and number of minutes. These will be tabulated each month and processed by the City's Finance Division. The City expects to invoice for approximately 1/ 12th of the project funding each month.

Fill- in the table below with dates for submission of reimbursement claims and the estimated amount of each.

Date of
Reimbursement:

Amount ($):
07/ 01 / 2023 10, 000. 00
08/ 01 / 2023 10, 000. 00
09/ 01 / 2023 10, 000. 00
10/ 01 / 2023 10, 000. 00
11 / 01 /2023 10, 000. 00
12/ 01 / 2023 10, 000. 00
01 / 01 /2024 10, 000. 00
02/ 01 /2024 10, 000. 00
03/ 01 /2024 10, 000. 00
04/ 01 / 2024 10, 000. 00
05/ 01 /2024 10, 000. 00
06/ 01 / 2024 10, 000. 00
Total Reimbursement: 120, 000. 00
ill
-16-
Construction Program Application
EXHIBIT 7: Agency Capacity Narrative
Non -Profit Organizations Only)
Fiscal Year 2023 - 2024
Describe the roles of key administrators, staff members, and volunteers within your agency that will implement the proposed project. In your description include experience, education, and licensing oualifications.

Describe your agency' s experience in administering government and/ or public funds.

Describe your method to sustain project viability over the multi -year process if funding Annni
N/ A
INSTRUCTIONS: Complete the table below by marking " YES" or "NO to the questions listed below. uestion:
es o
Example: Have you received federal funds in the past five years? Yes In the past ten years, has your organization ever had its nonprofit status revoked or withheld by the IRS, the Secretary of State, the State Attorney General, or the Franchise Tax Board?
Has your organization been sued in the last five years? Are any of your managers or staff with fiscal responsibilities involved in litigation presently that has any bearing on fiduciary trust or employee relations?
Have any unfavorable rulings been handed down by any court against your organization or Executive Director the last five years? Does your organization currently have any unresolved fiscal, reporting, or program issues with any of its funding sources?
M1
-17-
Construction Program Application
Fiscal Year 2023 - 2024
Exhibit 8: Civil Rights Laws Compliance And HUD Good Standing Answer the following questions:

Has your organization been a past recipient of assistance under a HUD McKinney Act program or the HUD Single Family Property Disposition Homeless Program? No
If you have been a recipient under either of these programs, has your agency experienced any project or construction delay, HUD finding or outstanding audit that HUD deems serious regarding the administration of HUD McKinney Act programs or the HUD Single Family Property Disposition Homeless Program?
No
f.,-" n., q, A, orAr ° vP,° nlPa-, P Pxnlain the circumstances and outcome below.

Applicants must be in compliance with applicable civil rights laws and Executive Orders. Applications will be rejected if your agency has any of the following: ( 1) Any pending civil rights lawsuit instituted by the U. S. Department of Justice; ( 2) Any noncompliance with civil rights statutes, Executive Orders or regulations as a result of formal administrative proceedings, unless the applicant is operating under a HUD -approved compliance agreement designed to correct the area of noncompliance or is currently negotiating such an agreement; ( 3) Any unresolved Secretarial charge of discrimination issues under Section 810( g) of the Fair Housing Act, as implemented by 24 CFR 103:400; ( 4) Any adjudication of a civil rights violation in a civil action brought against the Organization by a private individual, unless the applicant is operating in compliance with a court order designed to correct the area of noncompliance or the applicant has discharged any responsibility arising from such litigation; ( 5) Any deferral of the processing of applications from the sponsor imposed by HUD under Title VI of the Civil Rights Act of 1964, the Attorney General' s Guidelines ( 28 CFR 50. 3) or the HUD Title VI regulations ( 24 CFR 1. 8) and procedures, or under Section 504 of the Rehabilitation Act of 1973 and HUD Section 504 regulations ( 24 CFR 8. 57). If one or more of these situations exists with your Organization, please attach a brief description.
13 -18-
P_v_ ._...___
SAN UiiNk DfN''O
COUNTY
E- Signature Authorization
San Bernardino County
Community Development and Housing Departmemt
Community Development Block Grant
2023 - 2024 Application
Martha Zepeda
Deputy Executive Officer
In order to comply with all applicable federal grant regulations, a hard -copy of this E- Signature Authorization containing an original wet signature must be filed with the San Bernardino County Community Development and Housing ( CDH) in order for the applicant to electronically sign the Community Development Block Grant ( CDBG) application documents online. This authorization may only be completed by a registered owner, partner, executive officer, or authorized employee ( with proof of authorization) of the applicant submitting this form and must contain an original signature to be submitted to the CDH.

Authorization Agreement
I am an owner, partner, executive officer, or duly authorized employee of the below -listed applicant and have authority to enter into agreements on behalf of the below -listed applicant. CDH may rely on the receipt of such agreements executed and delivered by facsimile or other electronic means as if the original had been received. The undersigned agrees that the electronic signatures appearing on documents submitted from the below -listed applicant are the same as handwritten signatures for the purposes of validity, enforceability and admissibility. By signing this Electronic Signature Authorization Agreement, I authorize the CDH to accept, via electronic submission, documents submitted from the below -listed applicant as required by the CDH' s CDBG 2023 - 2024 Funding Application.
understand that CDH may change the CDBG application system from time to time. I agree that the below -listed applicant will electronically sign all documents requiring a signature related to the CDBG funding application.

My signature on this form certifies that:

I agree that entering my name in the CDBG funding application system constitutes my electronic signature. I understand that any information and documents submitted using my name is electronically certifying my signature. I understand that I am legally bound, obligated, and responsible by use of my electronic signature as much as I would be by my handwritten signature. I agree that I will protect my signature from unauthorized use, and that I will contact CDH immediately, upon discovery that my electronic signature has been compromised. I certify that my electronic signature is for my own use, and that I will not delegate it or share it with any individual.

This request is effective immediately upon receipt by the CDH and will remain in effect until the end of the 2023 - 2024 CDBG funding cycle or I choose to cancel this request via written notification to the CDH. I understand that it is my responsibility to update and/ or cancel this request under all circumstances, including my departure or terminated association with the below -listed applicant.

By signing the E- Signature Authorization Form we certify that this agency will also comply with the following:

Non- discrimination
This organization will, through all possible means, ensure equal opportunity for all persons to receive services, to participate in the volunteer structure, and to be employed regardless of age, handicap, national background, race, religion, or sex. An existing sectarian nature of the agency shall not suffer impairment under this agreement, but participation in religious observances, rituals or services will not be required as a condition of receiving food, services, or shelter paid for by this grant.

Accountability
We commit this organization, if a grant is received, to provide all reports to the County as required; to expend monies only on eligible costs; to keep complete documentation ( copies of all canceled checks, invoices, receipts, etc.) on all expenditures for a minimum of three years; to spend all funds and close out the program on the required date; to return any unused funds to the County to cooperate with monitoring or site visits, and; to provide complete documentation of expenses to the County, if requested, by the required date.

We affirm that all information in this application is true and correct to the best of our knowledge and that the applicant under our authority will execute its responsibility under the proposed contract and adhere to all other applicable rules and regulations to the fullest extent possible.

Non -collusion
This proposal is genuine, and not sham or collusive, nor made in the interest or in behalf of any person not herein named; the proposer has not directly induced or solicited any other proposer to put in a sham proposal, or any other person, firm or corporation to refrain from submitting a proposal; the P ro P oser has not in any manner sought by collusion to secure for him/ herself an advantage over any other proposer.

Applicant Information
Agency Name:

Federal Tax ID No.:

City of Hlghland
33- 0270638
Mailing Address:

Phone No.:
27215 Base Line
909) 864- 8732
Email Address:

Fax No:
kstater@cityofhighland. org
909) 862- 3180
Authorized Signature
Print Name:

Print Title:

Lawrence A. Mainez Community Development Director
Sigr atur
Date:
001, 11/ 08/ 2022
Please send the signed copy of this one page agreement to:

San Bernardino County Community Development and Housing Department 215 North D Street, Suite 302, San Bernardino, CA 94215- 0043 Attn: CDBG Application
14 -19-
Construction Program Application
Maintenance and Operations Agreement
Fiscal Year 2023 - 2024
Please keep in mind the Maintenance and Operations cost is ineligible for CDBG funds.

All capital improvements or facilities will require a Maintenance and Operation ( M & O) contract. The MAINTENANCE AND OPERATION COMMITMENT must be signed by a representative of the M & O entity with authority to obligate the organization.
1) MAINTENANCE AND OPERATION COMMITMENT: The governing body of the below named public, quasi -public, or non- profit entity has the financial capacity and is willing to assume the Maintenance and Operation ( M & O) responsibility and costs associated with the indicated community development project. This body has reviewed the " Estimated Annual Maintenance and Operation Budget part of this section. To the best of this body's ability, it has determined this budget to be a true and accurate estimate of the annual M & O costs for the proposed project.

It is understood that without a commitment for maintenance and operation, the indicated project may not be considered for funding under the Community Development Block Grant program. Should this project be funded, a formal M & O contract shall be written and signed before any funds can be released.

NOTE: The Maintenance and Operation cost for capital improvements and facilities are not eligible for CDBG funding.

Proposed Project:

Enhanced Code Enforcement
Le al/ Incor orated Name of Prospective M& O Entity:

Citv of Highland
Address:
27215 Base Line, Highland, CA 92346
Federal I. D. Number of M& O Entity:

Signature: Lawrence Mainez
Print Name: Lawrence Mainez
Title: Community Development Dire(
Date: 11 / 08/ 2022
15 -20-
Construction Program Application
Maintenance and Operations Expenses
Fiscal Year 2023 - 2024
Utilities Amount ($):

Electric
Water
Gas
Telephone
Disposal Service
Other:

Sub -Total

0. 00
Materials
Janitorial Supplies
Office Supplies
Recreational Supplies
Ground Supplies
Other:

Sub -Total

0. 00
Maintenance — Capital Improvements
Building Repair
Maintenance of Equipment
Improvements to Property
Other:

Sub -Total

0. 00
Insurance
Liability
Fire
Other:

Sub -Total 0. 00
16 -21-
Construction Program Application
Fiscal Year 2023 - 2024
Personnel
Maintenance
Secreta
Administrator
Program Staff
Other:

Sub -Total

0. 00
M& O Annual Expense Total

0. 00
List out all sources and liabilities such as budget sources, membership, user fees, etc. evenueI, ources: AIC mount
Budgeted Revenue Total

0. 00
Assets/ Liabilities Amount $
Budgeted Revenue minus M& O Expense

0. 00
17 -22-
Construction Program Application
CDBG Application Checklist
Non -Profit Agency Only)
Fiscal Year 2023 - 2024
Community -based organizations are required to include one copy of the items listed below. If you are
not submitting these Items at this time, please notify Community Development and Housing at ( 909) 387- 4705 to make other arrangements. The following information is required before any contract or reimbursement can be completed.
o Summary of agency's current year General Operating Budget o List of agency' s Board of Directors, including names and addresses o Proof of existing non- profit/ tax- exempt status ( Letters from the Federal Internal Revenue Service and State Franchise Tax Board)
o Current certificate of insurance and amounts covered
o Organizational chart
o Minutes of last Board meeting
o Non- Profit agency' s must be Registered in the System of Award Management ( SAM) website. Agency cannot be funded if they have been debarred in the past. o Provide board minutes/ letter that authorizes the executive director or program manager to run the project.

If your application is funded you will be required to provide a copy of your last audit and your Articles of Incorporation and Bylaws must be on file.
18 -23-
ATTACHMENT 2
Pavement Rehabilitation
-24-
Construction Program Application

S,AN FRNARDINO
COUNTY
San Bernardino County
Fiscal Year 2023 - 2024
Construction Improvement Application
Fiscal Year 2023 — 2024
The following documents must be submitted in the order listed, please be sure to submit all attachments to your application.

Log Number
Office Use Only)
Exhibit 1: Organization Information
R] Exhibit 2: Project Information
Exhibit 3: Project Characteristics
Exhibit 4: Priority Needs:

Exhibit 5: Project Budget & Sources
Exhibit 6: Proposed Goals and Milestones
Exhibit 7: Agency Capacity Narrative
Exhibit 8: Civil Rights Laws Compliance And HUD Good Standing Exhibit 9: Signatures And Assurances
7 Maintenance And Operations Agreement
Application Checklist
-25-
Construction Program Application Fiscal Year 2023 — 2024 Exhibit 1: Organization Information
Organization Name:

City of Highland
Organization Address:
27215 Base Line
City/ State/ Zip: lHighland / California / 92346
Phone: 909 864- 6861
Fax: 909 862- 3180
Email: czamano cit ofhi hland. or
Applicant Type: lCity
Authorized Person Name: lCarlos Zamano
Authorized Person' s Title: Public Works Director/ City Engineer Address: 127215 Base Line
City/State/Zip: lHighland / California / 92346
Phone: 909 864- 6861
Fax: 909 862- 3180
Email: czamano cit ofhi hland. or
Application Contact Person' s Name: lCarlos Zamano
Application Contact Person' s Title: jPublic Works Director/City Engineer Explain the Agency's 1) Mission, 2) Purpose, 3) Population Served, 4) Number of years serving population, 5) Supportive Services, their Funding Sources, and Start/ End Dates. 1) Mission: Highland is dedicated to the betterment of the individual, the family, the neighborhood and the community. The City Council and staff of the City 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. 2) Purpose: To develop a vibrant economy for the benefit of our citizens and businesses; 3) Population served: 54, 000; 4) Number of years serving population: 32; 5) Supporting Services: Transportation, Funding Sources: Local and State funds, Start Date: 7/ 1/ 23, End Date: 6/ 28/ 24. -26-
Construction Program Application Fiscal Year 2023 — 2024 Exhibit 2: Project Information
Project Title:
2023/ 2024 Union Street and Elmwood Court Pavement Rehabilitation Address:
27215 Base Line
JHighland / California / 92346
County Supervisorial District where project will be located:
1st District ® 2nd District 3rd District: 4t" District 5th District Is this a new construction project, or a request for additional funding to an existing CDBG Project? New Construction Project
If requesting additional funds for an existing CDBG project, provide prior CDBG project number? Project Type ( Description):

Construct pavement rehabilitation and ancillary work on two streets located in two neighborhoods within the CDBG Low -Mod Income eligible block area boundaries within the City of Highland including: 1) Union Street between Elmwood Court to Del Rosa Avenue, and 2) Elmwood Court between Union Court and north end.

Eligible Block Group
Indicate eligible Block Group to be benefited by CDBG Funds requested.

Provide a map identifying the eligible census block as indicated in the Eligible Census Blocks.

Block groups to be benefited are Block Group 006402 which includes both Union Street from Elmwood Court to Del Rosa Ave. and Elmwood Court from Union Court to north end. -27-
Construction Program Application
EXHIBIT 2A: Countywide Vision
Fiscal Year 2023 — 2024
Indicate Yes/ No in the table below which countywide vision goals are pertinent to the proposed project.

Countywide Vision
Countywide Vision Yes/ No
Implement the Countywide Vision.

Yes
Create, Maintain and Grow Jobs and Economic
Value in the County. No
Improve County Government Operations.

No
Operate in a Fiscally -Responsible and Business - Like
Manner. No
Ensure Development of a Well - Planned, Balanced,
and Sustainable County. Yes
Maintain Public Safety.

Yes
Provide for the Health and Social Services Needs of
County Residents. No
Pursue County Goals and Objectives by Working
with Other Governmental Agencies. No
Provide a brief narrative of how your project meets the Countywide Vision:

The project includes improvements in two residential neighborhoods that are near and have convenient access to commercial and planned development areas. The project will improve public infrastructure from a deteriorated state to new condition, provide a safer and more convenient and attractive transportation environment, and will provide low- income residents with better access to job opportunities in the local area. -28-
Construction Program Application
Exhibit 3: Project Characteristics
Fiscal Year 2023 - 2024
Street address and nearest cross streets of the site where the program will be carried out:

Legal property owner:

City of Highland
What is the current zoning?
Public Right -of -Way
Is this use permitted in this zoning?
Is a conditional use permit required? Yes/ No
No
Complete applicable items for all construction projects:

Assessor' s parcel number:

Square footage of proposed building or building addition:

N/ A
Square footage of construction site parcel:
29452
Length of improvements if street, water or sewer project:
784
Service capacity of existing facility:

Improved service capacity of the facility:

N/ A
Age of structure:

N/ A
Is the structure registered as a historic landmark under state, federal or local Law? N/ A
Describe the geographic boundaries of the neighborhood, community, or region to be served by this project. This description must include service area boundaries if land acquisition or structural improvements are proposed ( attach a map):

Union Street ( Elmwood Court to Del Rosa Avenue) and Elmwood Court ( Union Court to north end) are located within existing CDBG area boundaries in some of the City's lowest socioeconomic areas. See attached Project Location Map. -29-
Construction Program Application
Exhibit 4: Priority Needs:

Complete the table below by answering " Yes" or " NO".

Fiscal Year 2023 - 2024
Public Facility' s Needs: Yes/ No:

Senior Center Improvements No
Community Center Improvements No
Child Care Center Improvements No
Youth Center Improvements No
Park & Recreation Improvements No
Social Care Facility Improvements No
Code Enforcement Needs No
Code Enforcement No
Demolition and Clearance No
Blight Abatement No
Infrastructure Needs Yes
Water and Sewer Improvements No
Drainage Improvements No
Street Improvements Yes
Sidewalk Improvements No
Commercial/ Industrial Infrastructure Development No
Accessibility Needs Yes
Removal of Architectural Barriers No
Historic Preservation Needs: No
Historic Preservation Improvements No
Other: No
-30-
Construction Program Application
Exhibit 4: Priority Needs ( continued)
HUD Demographics: ( Please indicate Yes/ No)
Does this project help prevent homelessness?
No
Does this project help the homeless?
No
Does this project help those with HIV or AIDS?
No
Does this project primarily help persons with disabilities? No
Why this project is considered a priority?
Fiscal Year 2023 - 2024
The project is priority for the City because it will rehabilitate public streets that are in poor pavement condition to new conditions extending their service life for another 20 years.

VV11y LIIIA P1Vi CUL IJ 1IccU 6U, - JILG a1G cV- L i
rrent street conditions are poor and, without the rehabilitation proposed herein, would itinue to deteriorate and would present hazards for the motoring public.

Why must this proposed project be funded now versus receiving funding in future years?
If not repaired now, these streets will deteriorate to the point that they become hazardous to the motoring public, and that these streets would need to be completely removed and replaced in the future at a much higher cost.

What are the ramifications if this project is not recommended for funding in this fiscal Street hazards and much higher repair cost in the future, as the streets continue deteriorating. -31-
Construction Program Application Fiscal Year 2023 — 2024 What is the project' s population to be served?
54, 000
vvnat is the projects accompltsnment level r
his project will rehabilitate neighborhood streets that have deteriorated to new conditions nd will help to improve quality of life and property values in three of the City' s lowest socioconomic neighborhoods.

Summarize the Scope of Work; include in your summary the number of units or activities the Droiect will complete with CDBG funds.

The project will include design and construction of 29, 452 SF of pavement rehabilitation in three low- income neighborhoods in the City of Highland.

Describe how the project preserves a low and moderate -income nelgnDornooa, or rOVIaes otner community Denerlts.
ie proposed street pavement rehabilitation will extend the service life of three streets in ree of the City' s lowest socio- economic neighborhoods for another 20 years. -32-
Construction Program Application
Exhibit 5: Project Budget & Sources
Fiscal Year 2023 — 2024
Provide the estimated financial data for the project as requested below for the appropriate project group. Costs should be based on the best information available. When preparing this data, consider the following factors: ( a) project should be completed in one phase if possible, or if phased, operational capability of the phases should be independent of each other: (b) a phased project should be prioritized and broken into distinct parts, with estimated cost and priority for each part; ( c) apply federal prevailing wage rates to construction projects over 2, 000.

Project Budget
SB County Share ($): Other Source ($):

Architectural and
engineering services
20, 000. 00
Site acquisition
Local Review application
Construction 200, 000. 00 25, 000. 00
Other:

Total 200, 000. 00 45, 000. 00
Overall Total Project Cost: ( CDBG Share + Other Source) 245, 000. 00 -33-
Construction Program Application Fiscal Year 2023 - 2024 Exhibit 5A: CDBG Funds Requested and Leveraging Information Indicate the amount being requested by the city.

City Amount Requested ($)
This amount should match the grand
total requested from CDBG Share)
Highland 200, 000. 00
Leveraging items may include any written commitments that will be used towards your cash match requirements in the project, as well as any written commitments for building, equipment, materials, services and volunteer time.

Source of Type of Funding: ( Grant Name, Amount ($): Date Funding: EFSP Money) Available:
11/ 2212016
Federal
Funding
State
Funding
County
Funding
Private
Funding
Other: Local Funds
45, 000. 00 07/ 01/ 2023
Total Leveraging Funds 45, 000. 00
M
-34-
Construction Program Application Fiscal Year 2023 - 2024 Exhibit 6: Proposed Goals and Milestones
Explain how the project will meet contract goals and milestones. For example, project expenditures and performance/ accomplishment goals of 40% by September 30tn, 50% by December 31st, 80% by March 31 st, and 100% by June 301n
Design: 7/ 1/ 23 through 11/ 30/ 23.

Bid Package Approval by CHD: 12/ 31/ 23
Contractor Selection: 3/ 12/ 24
Construction: 4/ 8/ 24 through 6/ 28/ 24
Fill- in the table below with dates for submission of reimbursement claims and the estimated amount of each.

Date of Amount ($):

Reimbursement:
05/ 04/ 2024 $ 60, 000. 00
06/ 01/ 2024 $ 70, 000. 00
07/ 01 / 2024 $ 70, 000. 00
Total Reimbursement: $ 200, 000. 00
W
-35-
Construction Program Application
EXHIBIT 7: Agency Capacity Narrative
Non -Profit Organizations Only)
Fiscal Year 2023 - 2024
Describe the roles of key administrators, staff members, and volunteers within your agency that will implement the proposed project. In your description include experience, education, and licensing aualifications.

Describe your agency's experience in administering government and/ or public funds.

Describe your method to sustain project viability over the multi -year process if funding decreases.

N/ A
INSTRUCTIONS: Complete the table below by marking " YES" or " NO to the questions listed below.

Question: Yes/ No
Example: Have you received federal funds in the past five years? Yes In the past ten years, has your organization ever had its nonprofit status revoked or withheld by the IRS, the Secretary of State, the State Attorney No General, or the Franchise Tax Board?
Has your organization been sued in the last five years? No
Are any of your managers or staff with fiscal responsibilities involved in litigation presently that has any bearing on fiduciary trust or employee No relations?
Have any unfavorable rulings been handed down by any court against your organization or Executive Director the last five years? No Does your organization currently have any unresolved fiscal, reporting, or program issues with any of its funding sources? No
12 -36-
Construction Program Application Fiscal Year 2023 - 2024 Exhibit 8: Civil Rights Laws Compliance And HUD Good Standing Answer the following questions:

Has your organization been a past recipient of assistance under a HUD McKinney Act program or the HUD Single Family Property Disposition Homeless Program? No
If you have been a recipient under either of these programs, has your agency experienced any project or construction delay, HUD finding or outstanding audit that HUD deems serious regarding the administration of HUD McKinney Act programs or the HUD Single Family Property Disposition Homeless Program?
No
If you answered " Yes", please explain the circumstances and outcome below.

Applicants must be in compliance with applicable civil rights laws and Executive Orders. Applications will be rejected if your agency has any of the following: ( 1) Any pending civil rights lawsuit instituted by the U. S. Department of Justice; ( 2) Any noncompliance with civil rights statutes, Executive Orders• or regulations as a result of formal administrative proceedings, unless the applicant is operating under a HUD -approved compliance agreement designed to correct the area of noncompliance or is currently negotiating such an agreement; ( 3) Any unresolved Secretarial charge of discrimination issues under Section 810(g) of the Fair Housing Act, as implemented by 24 CFR 103:400; ( 4) Any adjudication of a civil rights violation in a civil action brought against the Organization by a private individual, unless the applicant is operating in compliance with a court order designed to correct the area of noncompliance or the applicant has discharged any responsibility arising from such litigation; ( 5) Any deferral of the processing of applications from the sponsor imposed by HUD under Title VI of the Civil Rights Act of 1964, the Attorney General' s Guidelines ( 28 CFR 50. 3) or the HUD Title VI regulations ( 24 CFR 1. 8) and procedures, or under Section 504 of the Rehabilitation Act of 1973 and HUD Section 504 regulations ( 24 CFR 8. 57). If one or more of these situations exists with your Organization, please attach a brief description.
13 -37-
E- Signature Authorization Martha Zepeda
SAN BERNARDINO San Bernardino County Deputy Executive Officer COUNTY_ Community Development and Housing Departmemt
Community Development Block Grant
2023 - 2024 Application
In order to comply with all applicable federal grant regulations, a hard -copy of this E- Signature Authorization containing an original wet signature must be filed with the San Bernardino County Community Development and Housing ( CDH) in order for the applicant to electronically sign the Community Development Block Grant ( CDBG) application documents online. This authorization may only be completed by a registered owner, partner, executive officer, or authorized employee ( with proof of authorization) of the applicant submitting this form and must contain an original signature to be submitted to the CDH.

Authorization Agreement
I am an owner, partner, executive officer, or duly authorized employee of the below -listed applicant and have authority to enter into agreements on behalf of the below -listed applicant. CDH may rely on the receipt of such agreements executed and delivered by facsimile or other electronic means as if the original had been received. The undersigned agrees that the electronic signatures appearing on documents submitted from the below -listed applicant are the same as handwritten signatures for the purposes of validity, enforceability and admissibility. By signing this Electronic Signature Authorization Agreement, I authorize the CDH to accept, via electronic submission, documents submitted from the below -listed applicant as required by the CDH' s CDBG 2023- 2024 Funding Application.

I understand that CDH may change the CDBG application system from time to time. I agree that the below -listed applicant will electronically sign all documents requiring a signature related to the CDBG funding application.

My signature on this form certifies that:

I agree that entering my name in the CDBG funding application system constitutes my electronic signature. I understand that any information and documents submitted using my name is electronically certifying my signature. I understand that I am legally bound, obligated, and responsible by use of my electronic signature as much as I would be by my handwritten signature. I agree that I will protect my signature from unauthorized use, and that I will contact CDH immediately, upon discovery that my electronic signature has been compromised. I certify that my electronic signature is for my own use, and that I will not delegate it or share it with any individual.

This request is effective immediately upon receipt by the CDH and will remain in effect until the end of the 2023 - 2024 CDBG funding cycle or I choose to cancel this request via written notification to the CDH. I understand that it is my responsibility to update and/ or cancel this request under all circumstances, including my departure or terminated association with the below -listed applicant.

By signing the E- Signature Authorization Form we certify that this agency will also comply with the following:

Non- discrimination
This organization will, through all possible means, ensure equal opportunity for all persons to receive services, to participate in the volunteer structure, and to be employed regardless of age, handicap, national background, race, religion, or sex. An existing sectarian nature of the agency shall not suffer impairment under this agreement, but participation in religious observances, rituals or services will not be required as a condition of receiving food, services, or shelter paid for by this grant.

Accountability
We commit this organization, if a grant is received, to provide all reports to the County as required; to expend monies only on eligible costs; to keep complete documentation ( copies of all canceled checks, invoices, receipts, etc.) on all expenditures for a minimum of three years; to spend all funds and close out the program on the required date; to return any unused funds to the County to cooperate with monitoring or site visits, and; to provide complete documentation of expenses to the County, if requested, by the required date.

We affirm that all information in this application is true and correct to the best of our knowledge and that the applicant under our authority will execute its responsibility under the proposed contract and adhere to all other applicable rules and regulations to the fullest extent possible.

Non -collusion
This proposal is genuine, and not sham or collusive, nor made in the interest or in behalf of any person not herein named; the proposer has not directly induced or solicited any other proposer to put in a sham proposal, or any other person, firm or corporation to refrain from submitting a proposal; the proposer has not in any manner sought by collusion to secure for him/ herself an advantage over any other proposer.

Applicant Information
Agency Name: Federal Tax ID No.:

Mailing Address: Phone No.:

Email Address: Fax No:

Authorized Signature
Print Name: Print Title:

Signature: Date:

Please send the signed copy of this one page agreement to:

San Bernardino County Community Development and Housing Department 215 North D Street, Suite 302, San Bernardino, CA 94215- 0043 Attn: CDBG Application
14 -38-
Construction Program Application
Maintenance and Operations Agreement
Fiscal Year 2023 - 2024
Please keep in mind the Maintenance and Operations cost is ineligible for CDBG funds.

All capital improvements or facilities will require a Maintenance and Operation ( M & O) contract. The MAINTENANCE AND OPERATION COMMITMENT must be signed by a representative of the M & O entity with authority to obligate the organization.
1) MAINTENANCE AND OPERATION COMMITMENT: The governing body of the below named public, quasi -public, or non- profit entity has the financial capacity and is willing to assume the Maintenance and Operation ( M & O) responsibility and costs associated with the indicated community development project. This body has reviewed the " Estimated Annual Maintenance and Operation Budget" part of this section. To the best of this body's ability, it has determined this budget to be a true and accurate estimate of the annual M & O costs for the proposed project.

It is understood that without a commitment for maintenance and operation, the indicated project may not be considered for funding under the Community Development Block Grant program. Should this project be funded, a formal M & O contract shall be written and signed before any funds can be released.

NOTE: The Maintenance and Operation cost for capital improvements and facilities are not eligible for CDBG funding.

Proposed Proiect:
12023/ 2024 Union Street and Elmwood Court Pavement Rehabilitation I Le al/ Incorporated Name of Prospective M& O Entity:

Citv of Hiahland
Address:
27215 Base Line Highland, CA 92346
Federal I. D. Number of M& O Entity:
33- 0270638
Signature:

Print Name:

Title: Public Works Director/ City Eng
Date:
15 -39-
Construction Program Application
Maintenance and Operations Expenses
Fiscal Year 2023 - 2024
Utilities Amount ($):

Electric
Water
Gas
Telephone
Disposal Service
Other: Street pavement maintenance over 20- year service life. 184, 900. 00 Sub -Total
184, 900. 00
Materials
Janitorial Supplies
Office Supplies
Recreational Supplies
Ground Supplies
Other:

Sub -Total 0. 00
Maintenance — Capital Improvements
Building Repair
Maintenance of Equipment
Improvements to Property
Other:

Sub -Total 0. 00
Insurance
Liability
Fire
Other:

Sub -Total 0. 00
16 -40-
Construction Program Application Fiscal Year 2023 - 2024 Personnel
Maintenance
Secretary
Administrator
Program Staff
Other:

Sub -Total

0. 00
M& O Annual Expense Total 184, 900. 00
List out all sources and liabilities such as budget sources, membership, user fees, etc.

Revenue Sources: Amount ( ):

Local Funds 184, 900
Budgeted Revenue Total
184, 900
Assets/ Liabilities Amount $
Budgeted Revenue minus M& O Expense 0. 00
17 -41-
Construction Program Application
CDBG Application Checklist
Non -Profit Agency Only)
Fiscal Year 2023 - 2024
Community -based organizations are required to include one copy of the items listed below. If you are not submitting these items at this time, please notify Community Development and Housing at ( 909) 387- 4705 to make other arrangements. The following information is required before any contract or reimbursement can be completed.
o Summary of agency' s current year General Operating Budget o List of agency' s Board of Directors, including names and addresses o Proof of existing non- profit/tax-exempt status ( Letters from the Federal Internal Revenue Service and State Franchise Tax Board)
o Current certificate of insurance and amounts covered
o Organizational chart
o Minutes of last Board meeting
o Non- Profit agency' s must be Registered in the System of Award Management ( SAM) website. Agency cannot be funded if they have been debarred in the past. o Provide board minutes/ letter that authorizes the executive director or program manager to run the project.

If your application is funded you will be required to provide a copy of your last audit and your Articles of Incorporation and Bylaws must be on file.
18 -42-
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-47-

STAFF REPORT

TO THE CITY COUNCIL
DATE: November 8, 2022
FROM: Joseph A. Hughes
REVIEWED BY: Carlos Zamano, Public Works Director/City Engineer 67/ PREPARED BY: Matt Bennett, Assistant Public Works Director SUBJECT: Final Map Approval/ Tract 20142 ( Beazer Homes) RECOMMENDATION: That the City Council adopt Resolution No. 2022- to ( 1) approve the Final Map of Tract No. 20142, ( 2) accept the subdivision bonds, and ( 3) authorize the mayor to sign the standard subdivision agreement.

FISCAL IMPACT: The maintenance of streets, storm drains and street lighting improvements within this subdivision will be the City' s responsibility upon future completion by the developer and acceptance of said improvements by the City. Maintenance costs for streetlights, street, and storm drain maintenance district improvements will be funded out of annual assessments collected within this subdivision.

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: Tract No. 20142 is a 54-lot subdivision located north of Santa Ana Canyon Road, and west of Alta Vista (former Kiel property). This tract is being developed by KL BZR AIV, LLC (Beazer Homes) who has provided bonding for all required improvements. The tentative map was originally approved by the Planning Commission on December 4, 2018. All the conditions necessary for final map approval have been met by the developer, and the final map is now ready for City Council approval. The grading and street and storm drain, bonds required to guarantee construction and payment of the various improvements for Tract No. 20142, are listed individually in the resolution. The water and sewer improvement bonds have been processed directly through East Valley Water District and are not a part of the City Resolution.

Attachments: ( 1) Vicinity Map ( 2) Copy of Tract Map ( 3) Resolution Approved Motion Second
Denied Ayes
Continued Noes
Tabled Abstain
Absent
City Clerk
Agenda Item No.

File No.
zx z z,
City Manager
-1-
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RESOLUTION NO. 2022 -

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

CALIFORNIA, APPROVING THE FINAL MAP AND SUBDIVISION AGREEMENT, AND ACCEPTING THE SUBDIVISION BONDS FOR TRACT NO. 20142 Beazer Homes)
WHEREAS, Tentative Tract No. 20142 has previously been filed with the City of Highland; WHEREAS, all of the conditions for final map approval for Tract No. 20142 have been met by the subdivider;
NOW, THEREFORE, be it resolved by the City Council of the City of Highland that the City Council approve the Final Map of Tract No. 20142, accept the Faithful Performance, Labor and Materials, and Warranty Bonds for grading, street and storm drain, and community facility maintenance district improvements.

The bonds submitted by KL BZR AIV, LLC (Beazer Homes), which are to be accepted with this final map, are Faithful Performance, Labor and Materials, and Warranty bonds for the following:

Improvement Faithful Performance Labor and Materials Warranty Bond Number Grading 339, 500 N/ A N/ A K40569820
Street and Storm Drain 1, 784, 500 892, 250 446, 125 0249035 BE IT FURTHER RESOLVED that the Mayor be authorized to execute the Standard Subdivision Agreement on behalf of the City.

PASSED, APPROVED AND ADOPTED this day of
Larry McCallon
Mayor
ATTEST:

Betty Hughes, MMC
City Clerk
2022.

L:\ Engineering_ Backup\ 030174002 - TTM 18- 001 - Tr 20142 - Kiel - SAC Rd\ Bonds Agreement Tr 20142\ 4002 13 Tr 20142 Resolution. dou -4-

STAFF REPORT

TO THE CITY COUNCIL
DATE: November 8, 2022
FROM: Joseph A. Hughes, City Manager
REVIEWED BY: Carlos Zamano, Public Works Director/ City Engineer G 2,, PREPARED BY: Jay Tuttle IV, Assistant Engineer
SUBJECT: Easement Acceptance/Zavala ( 7568 Newcomb Street) RECOMMENDATION: That the City Council ( 1) accept Grant of Easement for Road and Drainage purposes from Zavala Brothers, Inc., and ( 2) direct the City Clerk to record the Grant of Easement.

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 Conditions of Approval for a new single-family residence project, DRA-021- 011) located at 7568 Newcomb Street, requires dedication of additional public Right -of - Way to the City, via Grant -of -Easement as follows: 5' of additional Right -of -Way, from 25' to 30' from street centerline, across the project frontage on the west side of Newcomb Street to accommodate the construction of future street pavement, curb & gutter, drive approach and sidewalk. The Road and Drainage Grant of Easement from the property owner, Macario Zavala Zavala Brothers, Inc.), is ready for City Council acceptance.

Attachments: ( 1) Vicinity Map
2) Assessor' s Parcel Map
3) Grant of Easement Deed
4) Right -of -Way Dedication Legal Description & Plat
LA03017305600\ 3056 11 7568 Newcomb St ROW Ded staff report. doc Approved
Denied
Motion
Ayes
Continued Noes
Tabled Abstain
Absent
J I
Second Agenda Item No.

File No.

City Clerk City Mana
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RECORDING REQUESTED BY:

LISA DEL RIO
WHEN RECORDED MAIL TO:

CITY CLERK

CITY OF HIGHLAND
27215 BASE LINE
HIGHLAND, CA 92346
No fee per GC 6103
Document Transfer Tax: 0 SPACE ABOVE THIS LINE FOR RECORDERS USE APN : 1192- 611- 01

GRANT OF EASEMENT

ROAD AND DRAINAGE)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ZAVALA BROTHERS, INC., Hereby GRANT( S) to the City of Highland, a Municipal Corporation, an easement for roads, drainage, and public utility purposes upon, under, over, and across the real property in the City of Highland, County of San Bernardino, State of California, described as:

SEE EXHIBITS " A" AND " B" ATTACHED HERETO AND MADE A PART HEREOF DATED: I D l 66 l2D Z
I f/President
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA)

COUNTY OF SAN BERNARDINO)
On Oao 6R-T" 6 o%`
v before me, , Notary Public,
personally appeared i9 e 4 iJ
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/they executed the same in his/ her/their authorized capacity(ies), and that by his/ her/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
ti
E. FLORE2
WITNESS my hand an official seal. _ "' C: Notary public • California San Bernardino County
a `
I Commission N 2337649
My Comm. Expires Nov 16, 2024
k
Signature
This Area for Official Notary Seal)
L:\ Engineering_ Backup\030173056 - DRA 21- 011 - SFR- 7568 Newcomb Street\ 3056 11 Newcomb St ROW Ded GOE. docx -4-
EXHIBIT " A"

LEGAL DESCRIPTION

RIGHT OF WAY DEDICATION
APN: 1192-061- 44
THE EASTERLY 5. 00 FEET OF LOT 9 OF TRACT No. 3001, IN THE CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 40, PAGE 79 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

ASSESSOR' S PARCEL NUMBER: 1192- 061- 44
ROAD DEDICATION CONTAINS 280 SQUARE FEET, MORE OR LESS.

SEE EXHIBIT " B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

PREPARED UNDER MY SUPERVISION:

IFESS/ pi
AGUj-4
t'/ RCE C31397
09/ 23/ 2022 * EXP. 12/ 31 / 23
LEO AGUILERA, R. C. E. C- 31397 DATE srgl CIVIL
951) 943- 6042 f OF CA1-

Page 1 of 1 ends

-5-
A.P.N.:
1192-061- 45
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RIGHT OF WAY DEDICATION
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SCALE: 1 "= 30'
A.P.N.: o A.P.N.:
1192- 061- 44
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1192- 061- 43
G14. [ a. 40('770
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0 U1. 18. A0/ 779
No. 3001 o 7 1RAC7. No, 30001
0 2
A.P.N.:
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mJ o . 40Z 779
7MA- CYO No. NOT
77,77777,77,77
N00° 06' 30" W 56.00'
N W
Ui O
O O O
O O O
N00° 0630" W 690. 00' NEWCOMB

STREET PROPERTY
OWNER: ZAVALA

BROTHERS INC ASSESSOR'
SPARCELS NUMBER 1
192- 061- 44 TITLE:

ROAD DEDICATION IFESS,
P
Wv (.
t
m C3
7 EXP.
12/ 31 / 23 S
CIVIL lE
OF Clpkk LEGEND:
28 0 SF R.

O. W. DEDICATION.

PROPERTY

LINE INDICATES
DATA PER MB40/
79 LINE
AND BEARING DATA: LI
N00' 06'30"W 25. 10' L2
N90' 00'00"E 4. 16' L3
N00° 06' 30" W 30. 90' MAP
PREPARED BY: CIVIL
ENGINEERING DIVISION 322
W. ORANGE SHOW LANE. SAN
BERNARDINO, CA. 92408 TEL: (
909) 388- 7200 FAX: ( 909) 388- 2100 LEO—
A. AGUVERA, R.C. E. C- 3139/ EX. 909)
388- 7200 09/
23/ 2022 DATE
DATE
OF PREPARATION: 08/09/ 2022
-6-

STAFF REPORT

TO THE CITY COUNCIL
DATE: November 8, 2022
FROM: Joseph Hughes, City Manager
REVIEWED BY: Carlos Zamano, Public Works Director/City Engineer &' L PREPARED BY: Alondra Munoz, Engineering Technician II
SUBJECT: Application for CalRecycle Rubberized Pavement Program Grant Funds RECOMMENDATION: That the City Council adopt Resolution No. 2022- authorizing the submittal of a joint regional application with the County of San Bernardino ( County) for the CalRecyle Rubberized Pavement Program.

FISCAL IMPACT: If the regional application between the County and City is approved, the CalRecyle program will provide approximately $ 100, 000 to the City and $ 250,000 to the County for the use of rubberized asphalt in the proposed street rehabilitation projects.

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

BACKGROUND: On October 11, 2022, the City Council approved an Agreement between the County and City for Pavement rehabilitation of Pumalo Street and other Road, City Project No. str22001. The Agreement includes 9 roadway segments of pavement rehabilitation within the jurisdictions of Highland ( 1) and County (8). The roadway segment list is shown on Exhibit Ain the Agreement which is attached. The Agreement also states that the County agrees to include the roadway segments of 5th Street from Tippecanoe Avenue to Del Rosa Drive and Greenspot Road from Boulder Avenue to Plunge Creek Bridge in the State of California Department of Resources, Recycling and Recovery ( CalRecycle) rubberized pavement grant regional application.

CalRecycle has an incentive program to promote the use of rubberized asphalt. The City has partnered with the County in the preparation of a regional application of CalRecyle funds in the amount of $350. 000 under the Rubberized Pavement Grant Program.

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

File No.

City Manager
-1-
Relative to this regional application and the implementation of the grant projects, the County is the lead agency, and the City is the partnering agency. The City is required to provide an executed resolution to CalRecycle by November 9t" to participate in the regional application.

This regional application with the County offers the following advantages over an individual application that contains only City of Highland projects:

1. The grant reimburses $ 10 per ton of rubberized asphalt used in a regional project. If Highland were to submit an individual application, the reimbursement amountwould be reduced to $ 7 per ton.

2. A regional application will not count against the applicant' s future applications under the same grant program. If Highland were to submit an individual application this year, the City will not be eligible to apply for funding under the same program next year because individual applications are only permitted every other year.

3. Regional applications receive priority consideration over individual applications in the grant funding competitive selection process.

The attached resolution authorizes the County of San Bernardino to submit regional applications for state funds under the CalRecycle Rubberized Pavement Program, to execute grant -related documents, and to implement the grant projects on behalf of the City and the partnering agencies through April 1, 2025.

Attachments: Resolution
Project Location Map
Exhibit A - Project List
CalRecycle Application
M:\ PUBWRKWnnual Overlay Program\ 2022-2023 RAC\ Staff Report 2022- 2023 RAC. doc -2-
RESOLUTION NO. 2022-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND AUTHORIZING

THE COUNTY OF SAN BERNARDINO SUBMITTAL OF A REGIONAL APPLICATION

FOR CALRECYCLE RUBBERIZED PAVEMENT PROGRAM GRANT FUNDS

ON BEHALF OF THE COUNTY OF SAN BERNARDINO AS LEAD AGENCY AND

THE CITY OF HIGHLAND AS ONE OF THE PARTICIPATING AGENCIES WHEREAS, pursuant to Public Resources Code sections 48000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs ( grants) in furtherance of the State of California' s ( state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and WHEREAS, CalRecycle allows regional grant projects; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant' s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants; and
NOW, THEREFORE, BE IT RESOLVED that the City of Highland authorizes the County of San Bernardino to submit a CalRecycle regional application on behalf of itself as a regional participant; and
BE IT FURTHER RESOLVED that the County of San Bernardino is hereby authorized and empowered to execute on behalf of the City of Highland all grant -related documents, including, but not limited to, applications, payment requests, agreements, and amendments necessary to secure grant funds and to implement the approved grant project; and
BE IT FURTHER RESOLVED that these authorizations are effective from the date of adoption of this resolution through April 1, 2025.

PASSED, APPROVED AND ADOPTED this 8t" day of November, 2022.

Larry McCallon, Mayor
Betty Hughes, MMC
City Clerk
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EXHIBIT A

FOR SAN BERNARDINO COUNTYXITY OF HIGHLAND

PAVEMENT IMPROVEMENT AND ADA CURB RAMP UPDATE PROJECT

IN THE HIGHLAND AREA

PUMALO STREET AND OTHER ROADS
County City Total
Road Name Road Limits Length Length Length Scope of work

DATE STREET

0. 03Mi W, MERITO AVE TO

0. 03Mi W, STERLING AVE --
I"
1 „ 14y 0. 00 0. 14 Reconstruction

0. 03Mi W, STERLING AVE TO Mill and Overlay, GlasPave
DATE STREET 0. 25Mi E, ARDEN AVE

0. 64 0. 00 0. 64
2S, Levelingg Course
Mill and Overlay, GlasPave

DEL ROSA DRIVE PACIFIC ST TO DEL ROSA AVE

0. 24 0. 00 0. 24
50, Leveling Course
PACIFIC STREET DEL ROSA DR TO STERLING AVE 0. 28 i 0. 21 0. 49 Mill and Overlay

0. 06 Mi W, CHIQUITA LN TO 0. 18 0. 00 0. 18
Mill and Overlay, GlasPave
PUMALO STREET DATE PLACE 50 Leveling Course_
STERLING AVE TO 0.04Mi SE, 0. 21 0. 00 0. 21
Mill and Overlay, GlasPave
PUMALO STREET GUTHRIE ST 50, Leveling Course

0. 02Mi W, ORANGE KNOLL AVE 0. 04 0. 00 0. 04 Mill and Overlay

PUMALO STREET TO ARDEN AVE
ARDEN AVE TO 0. 07Mi E, 0. 23 0.00 0, 23 Mill and Overlay

PUMALO STREET EUCALYPTUS DR
Total Project Miles: 1. 96 0. 21 2. 17
Curb Ramp List
City Jurisdiction)
Ramp Location Cross Street Ramp Location
PACIFIC STREET DEL ROSA AVENUE _..------.._ SW

PACIFIC STREET DEL ROSA AVENUE SE

PACIFIC STREET ELM WOOD ROAD NW

PACIFIC STREET ELMWOOD ROAD NE

PACIFIC STREET OSBUN ROAD SW

PACIFIC STREET OSBUN ROAD SE
I STERLING AVENUE i PACIFIC STREET SW

STERLING AVENUE PACIFIC STREET SE
Revised 5/ 12/ 21 Page 9 of 10
-5-
CalRecycle 0Application
Generated
By: Steven Sablan Application
Information Applicant:

San Bernardino County Cycle
Name: Rubberized Pavement Grant Program Cycle
Code: TRP15 Grant
ID: 25872 Grant
Funds Requested: $ 350, 000. 00 Matching
Funds: $0. 00 ( if applicable) Grants
Management System (GMS) Application
Due Date: 10/ 12/ 2022 Secondary
Due Date: 11/ 9/ 2022 Awarded
Funds: $0. 00 Project
Summary: The County will act as the lead agency for the San Bernardino County/ City of Highland Regional Project Rubberized Asphalt Concrete ( RAC) project, partnering with the City of Highland as a regional participant. The County and City are applying for CalRecycle regional grant funding in the amount of $350, 000 to fund the use of rubberized asphalt concrete as part of a larger pavement improvement proposal which will include the following subprojects: Pumalo Street and Other Roads Arden
Street and Other Roads Reche
Canyon Road and Other Roads Third
Street and Other Roads Alta
Loma Driver and Other Roads This
larger project encompasses 103 road segments, totaling 42.05 roadway miles and also updates 127 Americans with Disabilities ( ADA) curb ramps. The project will utilize 62,104 tons of RAC hot -mix material at a cost of $434, 728. The County intends to use 61, 306 tons of material and 798 tons will be used by the City. The Project is in the planning phase, with construction anticipated tocommence inthe fall of 2024 and project termination upon completion of the Project, or by May 30, 2027, whichever occurs first. Should the grant be awarded funding forthe project, the amount awarded will be used to offset both parties share of project costs. Applicant/ Participant Name:

City of Highland Federal
Tax ID: County:

San Bernardino Name:

San Bernardino County Federal
Tax ID: 95- 6002748 County:

San Bernardino Contacts
Steven
Sablan Department
of Public Works 825
East Third Streeet San
Bernardino, CA 92410 Stephen
Martinez Public
Works 825
East Third Streeet Room #
143 San
Bernardino, CA 92407 Brendon
Biggs Lead:

Jurisdiction:

Highland Lead:

X Jurisdiction:

San Bernardino Title:

Transportation Analyst Phone:
9093878172 Fax:
9093877847 Email:
steven. sablan@dpw. sbcounty.gov Title:

Supervising Transportation Analyst Phone:
9093878169 Fax:
9093877847 Email:
smartinez@dpw. sbcounty.gov Title:

Director Phone:
9093877906 825
East Third Street Fax: 9093877847 San
Bernardino, CA 92407 Email: bbiggs@dpw. sbcounty.gov Noel Castillo Title: Assistant Director Phone:
9093877906 825
East Third Streeet Fax: 9093877847 San
Bernardino, CA 92410 Email: noel. castillo@dpw. sbcounty. gov https:// secure. caIrecycle. ca.gov/ Grants/ Grant/ Grant. aspx?GrantiD= 25872 Prime Second Auth Cnslt X
X
X
X
Date
Generated: September 23, 2022 3:54 PM Page 1 of 3
-6-
Budget
Category Name
Materials
No Site Information Provided
Documents
Required
Application Certification
Project Summary & Calculation
TDA Training Certificate of Completion
Required By Secondary Due Date
Resolution/ Letter of Commitment
Other Supporting Document( s)
Draft Resolution
Inducement for Furthering Specific CalRecycle
and Environmental Goals
Joint Powers Agreement
Letter of Authorization/ Resolution
Letter of Designation
Amount
350, 000. 00
Document Title Received Date
San Bernardino County/ City of Highland Regional Project Summary and 9/ 23/ 2022 Calculation
TDA TRAINING CERTIFICATE OF COMPLETION 9/ 21/ 2022
Resolution
Check the following, as applicable. See Application Guidelines and Instructions for more information and examples.

X Applicant acknowledges that a Resolution is uploaded in the application. The Resolution must be approved by its governing body, which authorizes submittal of the application and designates a signature authority. If applicable, applicant has uploaded a Letter of Designation ( LOD) designating an additional signature authority( ies).

EPPP
Does your organization and any participants have an Environmentally Preferable Purchasing and Practices ( EPPP) Policy? X Yes, our organization and any participants have an EPPP Policy. Organization refers to a company, business, or the entire city or county applicant, not an individual office or sub - unit of the larger entity. https:// secure. calrecycle. ca. gov/ Grants/ Grant/ Grant. aspx? GrantlD= 25872 Date Generated: September 23, 2022 3: 54 PM Page 2 of 3 -7-

STAFF REPORT

TO THE CITY COUNCIL
DATE: November 8, 2022
FROM: Joseph Hughes, City Manager
REVIEWED BY: Carlos Zamano, Public Works Director/ City Engineer L1Z1 PREPARED BY: Jim Richardson, Public Works Manager
SUBJECT: Contract Award — Storm Drain Cleaning
RECOMMENDATION: That the City Council award a contract to Houston Harris PCS, Inc. to perform storm drain cleaning services on a time and materials basis as directed by the City of Highland.

FISCAL IMPACT: The cost for storm drain cleaning, at a not -to -exceed fee of $51, 935, will be paid for using City RDA 2007 Bond Proceeds.

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: In 2013, a 72" storm drain was constructed in Greenspot Road/ 5th Street from east of SR-210 with the intent to discharge via connection to City Creek near an existing catch basin. However, because clearances and permits were not secured from San Bernardino County at the time, construction was terminated near the south curb of 5th Street. The connection to City Creek was never completed. Project No. str07004a will complete the 72" storm drain from its current termination point to a connection and outlet into City Creek.

With the environmental permitting process with the various resource agencies anticipated to be completed in the first quarter of 2023, and in preparation for the project that will complete the final tie in at City Creek, the 72" storm drain must be cleared of all debris and dirt that has accumulated in the bulkheaded storm drain. Houston Harris PCS, Inc. was selected to perform this work based on their experience with similar work that has been satisfactorily completed.

City staff negotiated time and material rates because the extent of the cleaning is unknown. The scope of work to perform the cleaning of the pipe includes use of confined space equipment, Water Truck, Vacuum truck, skilled labor, and traffic control on 5th Street.

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

City Clerk City Ma
-1-
Following are the negotiated unit prices inclusive of prevailing rates with Houston Harris PCS, Inc.:

Traffic Control: $ 772. 50 per day ( includes flag man) Cleaner/Vac Truck: $ 1, 925 per day ( 2- man crew)
Water Truck with Operator: $ 1, 150 per day
Confined Space Equipment/ Safety Rope: $ 600 per day
Air Pack & Mask with 2 bottles ( 60 minutes each bottle): $ 596 Small Tools & Equipment: $ 150 per day
The cost per day for the cleaning is $ 5, 193. 50. City staff anticipates it will take approximately 10 days to complete the work. It is recommended that a contract with Houston Harris PCS, Inc. at not -to -exceed fee of $ 51, 935 be approved.

Attachments: Vicinity Map
-2-
Source: ESRI Aerial Imagery.

NN® N 500 250 0 500 Local Vicinity Map
K o Feet Aerial Base
didiael Biaudman _associates
07060015 • 02/ 2014 1 3_ local_ aerial. mxd 5TH STREET • GREENSPOT ROAD IMPROVEMENT PROJECT

HABITAT CONSERVATION PLAN
-3-

STAFF REPORT

TO THE CITY COUNCIL
DATE: November 8, 2022
FROM: Joseph Hughes, City Manager
REVIEWED BY: Carlos Zamano, Public Works Director/City Engineer GZ PREPARED BY: Jim Richardson, Public Works Manager
SUBJECT: Madvac LP-61 Trailer Mounted Trash/ Debris Vacuum System RECOMMENDATION: That the City Council ( 1) waive formal contract procedures per Municipal Code Section 2. 40. 100, ( 2) authorize the use of a " piggyback" contract through Sourcewell Contract No. 93021- EXP between Sourcewell and Exprolink- Madvac, ( 3) approve Resolution 2022- for purchase of a Madvac LP61- G in the amount of $30, 202, and ( 4) approve a budget adjustment to transfer $ 30, 205 from 001- 4200- 4665 ( Public Services - Contract Services Storm Drain) to 001- 4200- 6040 ( Public Services - Equipment).

FISCAL IMPACT: This equipment purchase, in the amount of $ 30,202, is being funded from current Public Services Storm Drain 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: This equipment will be used by Public Works to aid in cleaning of storm drain catch basins as well as general right of way clean up to comply with the new Zero Trash Total Maximum Daily Load Amendments that applyto all permittees underthe NPDES municipal separate storm sewer systems ( MS4) permits. It is compact and easy to use.

Through a competitive bid process, Exprolink/ Madvac manufacturerwas awarded a contract by Sourcewell. As a member of Sourcewell, the City of Highland can take advantage of the competitive pricing and quality product through Sourcewell contract # 93021- EXP. By utilizing the Sourcewell contract, the City is receiving a discount of $ 5, 595. 00 off of the retail purchase price.
pproved Motion Second
Denied Ayes
Continued Noes
Tabled Abstain
Absent
City Clerk
Agenda Item No.

File No.

City Manager
-1-
The contract price with Expolink is summarized as follows:

1. LP61- G Gasoline Skid

2. Options — Trailer, spare wheel, hose extension & bags

3. Extended Warranty — 3 years/3, 000 hours

4. Sale Tax

5. Sourcewell Discount
Attachments:

1. LP61- G Photo

2. Exprolink Dealer Letter

3. Exprolink Quote

4. Resolution
25, 775
5, 375
2, 475
2, 172
5, 595)
30,202
-2-
4 .

Y.'
-3-
RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND FINDING THAT IT IS NECESSARY TO PROCURE ONE ( 1)- MADVAC LP- 61- G PORTABLE

LITTER VACUUM FOR THE HIGHLAND PUBLIC WORKS DEPARTMENT FROM A

SINGLE SOURCE, AS AUTHORIZED BY THE HIGHLAND MUNICIPAL CODE

2. 40. 070
A. Recitals.
i) The City intends to comply with the WQMP standards being established by the Water Quality Control Board for the State of California by routine trash collection and removal in City Storm Water Catch Basins.
ii) The City feels it is necessary to acquire this equipment to maximize staff time in its effort to comply with the new WQMP storm drain trash capture and removal requirements that will be phased in over the next 4 to 5 years. This equipment can also be used for general litter removal.
iii) Highland Municipal Code § 2. 40.070 allows the bidding to be dispensed of when the commodity can be obtained from only one vendor. iv) All legal prerequisites to the adoption of this Resolution have occurred B. Resolution.

NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS, DECLARES AND RESOLVES AS FOLLOWS:

1. The facts set forth in the Recitals are true and correct and are incorporated by reference as part of this Resolution.

2. In order to implement WQMP Storm Drain Trash Capture and Removal, the City Council hereby finds that it is necessary to specify the " MADVAC/ Exprolink LP61- G Portable Litter Vacuum System, including all equipment and materials comprising that system, to be purchased through Sourcewell Contract Number 093021- EXP.

3. The City Council further finds that the finding and determination set forth in Section 2, above, is authorized by the Highland Municipal Code § 2. 40. 070.

4. The City Clerk shall certify to the adoption of this Resolution.

APPROVED and ADOPTED this 8th day of November, 2022.

Larry McCallon, Mayor
10070. 0076/ 1993300v 1
-4-
I, Betty Hughes, City Clerk of the City of Highland, California, do hereby certify that the foregoing Resolution was passed and adopted at a regular meeting of the City Council of the City of Highland held on the 8th day of November, 2022, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAINED: COUNCILMEMBERS:

ATTEST:

Betty Hughes, City Clerk
-5-
g exprolink L1 Madvac®
Wednesday October 19, 2022

TO WHOM IT MAY CONCERN
We hereby certify that: Haaker Equipment Co I Total Clean Corporate Headquarters
2070 North White Avenue
La Verne, CA 91750
Tel: 909- 598-2706
We hereby confirm that Haaker Equipment Co I Total Clean is an authorized distributor of the complete line of Exprolink/ Madvac products as well as all spare parts within the State of California, Arizona, and Nevada.

In the above -mentioned capacity, Haaker Equipment Co I Total Clean has the authority to: quote, accept orders for our equipment including parts, provide start-up, warranty and after sales service.

Please note we are a Sourcewell awarded contract vendor # 122017—EXP. Haaker Equipment Co I Total Clean is entirely permitted to sell our equipment using this contract.

All courtesy and consideration extended to Haaker Equipment Co Total Clean in the above capacity is greatly appreciated.

This certification is valid until further notice from Haaker Equipment Co Total Clean and/ or Exprolink/ Madvac.

Should you require any additional information please do not hesitate to contact me Sincerely yours,
George Bally
Marketing Manager — USA/ Canada
Exprolink/ Madvac
2170 de la Province
Longueuil, Quebec, J4G 1 R7
450- 651- 0444
aballyCa)exprolink. com
www.madvac.com
-6-
exprolW 0 Madvac®
MADVAC LP61- G PORTABLE LITTER VACUUM
www.madvac.com
s' i
Date: 10/ 19/ 2022 Payment term: Net 30

SOURCEWELLQUOTE
City of Highland JJim Richardson
27215 Base Line Rd irichardson@citvofhi¢ hland. orp
Highland, Ca 92346 909-863- 0284
Sourcewell Member ID#: 97402
Part # Description
Model
Unit Price Quantity Extended Price
LP61- G
Base
LP61 Gasoline Skid 25, 775 1 25, 775
Includes the following standard features:
360* rotating vacuum hose support boom
Exhaust bag dust control system
Emergency stop button
Standard 25 ft. ( 7620 mm) vacuum hose
Available Options
K61T Trailer conversion kit I$ 2,850 I1 2, 850
K63087 Spare wheel mounted on trailer 630 1 630
K13063 Additional 8 in. ( 203 mm) diameter X 25 ft ( 7620 mm) hose extension 770 1 770 63271 Litter collector bags ( 100 bags) 375 3 1, 125
Extended Warranty Options
Exprolink Inc. offers a 1- year ( 1000 hours) limited parts & labor WARRANTY I N/ C 1 1 N/ C WS61- 3 I Extended warranty coverage: 2 additional years ( 3- year / 3000 hours) I 2,475 1 1 1 2, 475
Sub Total $ 33, 625
Sourcewell Discount $ ( 5, 595. 00)
Subject to all applicable taxes 7. 75% Sales Tax $ 2, 172 Total USD $ 30, 202
Terms and Conditions
Quota valid 30 days Applicable taxes not included
Lead time: 4- 5 months once purchase order Upon delivery, on -site operator and maintenance training provided by Exprolink / Madvac has been received or authorized Madvac dealer
Sourcewell members:

Non-Sourcewell sales:

Freight is included with the exception of Hawaii and Alaska Freight is not included and will be
For Hawaii and Alaska, Exprolink will cover $ 1500 freight amount per machine, the rest will be quoted upon shipment paid by Sourcewell member ( freight cost quoted upon shipment) Freight will be charged to all Sourcewell members for any consumables/ parts- only orders Special Instructions
Purchase order to the attention of + Please indicate on your purchase order:

Haaker/ Total Clean Complete bill -to and ship -to address with contact name and phone number 2070 N White Ave Specify if ship -to address has a loading dock ( or unit) for delivery (' important) La Verne, Ca 91750 Sourcewell member number ( if applicable) Your member # is XXXXXX Alfred Pappas Exprolink / Madvac Sourcewell contract number 093021- EXP ( if applicable) 951. 830- 7281 Please provide Madvac quote name or number as applicable [email protected]

Page 1 of 1 ends

-7-

STAFF REPORT

TO THE CITY COUNCIL
DATE: November 8, 2022
FROM: Joseph A. Hughes, City Manager
1 41A
REVIEWED BY: Lawrence A. Mainez, Community Development Director r Kim Stater, Assistant Community Development Director/
PREPARED BY: Angela Tafolla, Assistant Planner
SUBJECT: Second Reading of Municipal Code Amendment 21- 001:

Ordinance No. 456 of the City of Highland amending Title 16, Chapter 16. 06 Definitions, Chapter 16. 24 Employment
District, Chapter 16. 44 Specific Development Standards, and Tables 16. 20. 030. A Uses Permitted within Commercial
Districts; and 16. 52. 030. A Off -Street Automobile Parking Space requirements of the Highland Municipal Code
pertaining to vehicle fueling stations and making a finding of exemption under CEQA, and First Reading of an Ordinance repealing Ordinance Nos. 449, 450 and 454 which imposed a moratorium on vehicle fueling station uses.

LOCATION: City -Wide
RECOMMENDATION: The City Council ( 1) conduct a second reading, read by title only, and waive further reading of Ordinance No. 456
amending Title 16, Chapter 16. 06 Definitions, Chapter 16. 24 Employment District, Chapter 16. 44 Specific Development Standards, and Tables 16. 20. 030. A Uses Permitted within Commercial Districts; and 16. 52. 030.A Off -Street Automobile Parking Space requirements of the Highland Municipal Code Pertaining to Vehicle Service Stations and Making a Finding of Exemption Under CEQA, and ( 2) conduct a first reading, read by title only, and waive further reading of an Ordinance repealing Ordinance Nos. 449, 450 and 454 which imposed a moratorium on vehicle fueling station uses.

Approved Motion
Denied
Continue
Ayes
Noes _
Abstain
Absent
V
City Clerk
Second
City Mager
Agenda
Item No.

File No.
-1-
City Council Hearing of MCA- 21- 001
November 8, 2022
PUBLIC NOTICE: A summary of Ordinance No. 456 was published in the San Bernardino Sun in compliance with Government Code section 36933. The ordinance repealing the moratorium was published in full in the San Bernardino Sun.

PREVIOUS ACTION: On August 24, 2021, the Highland City Council adopted Ordinance No. 449 establishing a moratorium on the approval of land use entitlements for new vehicle fueling stations or the expansion of the number of fueling pumps at existing stations. In compliance with Government Code section 65858, the City Council subsequently extended the moratorium for two more years pursuant to Ordinance Nos. 450 and 454 to allow staff sufficient time to study and analyze the issue and draft a permanent ordinance regulating vehicle fueling stations.

On October 8, 2022, the City Council held a public hearing and introduced an ordinance that establishes standards and regulates vehicle fueling stations. The Council provided direction to make some minor modifications to the ordinance which are reflected in Ordinance No. 456 that is attached.

Staff recommends that the City Council adopt Ordinance No. 456. Staff also recommends that the City Council conduct a first reading of an ordinance repealing the moratorium on the processing entitlements of new vehicle fueling station applications as this moratorium is no longer needed once Ordinance No. 456 goes into effect.

Attachment 1: Ordinance No. 456
Attachment 2: Ordinance No.
-2-
ATTACHMENT 1
Ordinance No. 456
-3-
ORDINANCE NO. 456

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA AMENDING TITLE 16 ( LAND USE AND DEVELOPMENT)

OF THE HIGHLAND MUNICIPAL CODE PERTAINING TO VEHICLE

FUELING STATIONS, AMENDING THE PROCESS FOR OBTAINING AN

ENTITLEMENT PROCESS IN THE EMPLOYMENT DISTRICT FROM

DESIGN REVIEW TO STAFF REVIEW, AND MAKING A FINDING OF

EXEMPTION UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT
MUNICIPAL CODE AMENDMENT MCA 21- 001)
THE CITY COUNCIL OF THE CITY OF HIGHLAND DOES ORDAIN AS FOLLOWS:

SECTION 1. Findings and Intent.

WHEREAS, on August 24, 2021, the Highland City Council adopted Ordinance No. 449 establishing a moratorium on the approval of land use entitlements for new vehicle fueling stations or the expansion of the number of fueling pumps at existing stations. In compliance with Government Code section 65858, the City Council subsequently extended the moratorium for two more years pursuant to Ordinance Nos. 450 and 454 to allow staff sufficient time to study and analyze the issue and draft a permanent ordinance regulating vehicle fueling stations;
WHEREAS, on September 6, 2022, the Highland Planning Commission considered the proposed ordinance at a duly noticed public hearing. At the conclusion of the public hearing, the Planning Commission adopted Resolution No. 2022- 024, on a 3- 1- 1 vote recommending that the City Council adopt the Municipal Code Amendments set forth in this Ordinance;
WHEREAS, the City of Highland City Council did hold a public hearing at the Highland City Hall Council Chambers in Highland, California, on October 11, 2022, at 6: 00 P. M. with a second reading held on November 8, 2022, and notice of said public hearing( s) having been duly given, as required by law and in accordance with the provisions of the Highland Municipal Code, to hear and consider evidence for and against said Land Use and Development Code Amendment, and investigate and make findings and recommendations in connection herewith;
WHEREAS, the City of Highland Planning Commission and City Council have determined Title 16 of the Highland Municipal Code contains sections that have outdated guidelines, definitions, regulations and standards relating to vehicle fueling stations; WHEREAS, a re- evaluation of the existing vehicle fueling station regulations and the implementation of a separation requirements will prevent future proliferation of vehicle fueling stations within Commercial and Employment Districts; -4-
WHEREAS, the Municipal Code Amendments endeavor to address state efforts related to promoting zero -emission vehicles;
WHEREAS, the City Council has found and determined as follows:

1. That the proposed changes to the Development Code, as set forth herein, are consistent with the goals, objectives, policies, and programs of the City of Highland General Plan, and are necessary and desirable to implement the provisions of the General Plan.

The amended regulations establishing distance requirements and electrical vehicle charging stations ( EVCS) requirements will support the quality of life for residents living and working in or near the Commercial and Employment Zoning Districts by avoiding over concentration of vehicle fueling stations in these areas.

The modifications will be consistent with the goals, objectives, policies, and programs of the City of Highland General Plan.

2. That the proposed changes to the Land Use and Development Code, as forth herein, will not adversely affect the public health, safety, and general welfare or result in an illogical land use pattern.

The regulatory changes to the vehicle fueling station portion of the Highland Municipal Code will not adversely affect the public health, safety, and general welfare of the public. The addition of updated development standards will promote the development of alternative fuel transportation -related activities and control the proliferation of service stations thereby ensuring a good balance of land uses along major corridors in the City.

3. That the proposed changes to the Land Use and Development Code, as set forth herein, are consistent with the purpose and intent of the remainder of said Land Use and Development Code not under consideration.

The proposed Municipal Code Amendments will help mitigate negative impacts associated with vehicle fueling stations on their surrounding environment by modernizing guidelines, regulations, and standards for current and future vehicle fueling station development. The Municipal Code Amendments will meet the intent of the Land Use and Development Chapter by reducing or eliminating hazards to the public resulting from potentially unsuitable locations, use or design of vehicle fueling stations. Furthermore, the Municipal Code Amendments contained in this ordinance would modify the City' s Land Use and Development Code by codifying regulations on new, unentitled vehicle fueling station uses.

SECTION 2. Section 16. 06. 220 " V Definitions" of Chapter 16. 06, Definitions, of Title 16, Land Use and Development Code, of the Highland Municipal Code is hereby amended to include the following definition:
2-
-5-
Vehicle fueling station" means activities including, but not necessarily limited to, a retail place of business engaged in supplying goods and services essential to the normal operation of motor and electrical vehicles, whose primary use is the dispensing of fuel and alternative fuel for automobiles, light trucks, heavy trucks, recreational vehicles ( RV) and semi -trucks."
SECTION 3. Section 16. 44.200, Service Stations, of Chapter 16. 44, Specific Use Development Standards, of Title 16, Land Use and Development Standards, of the Highland Municipal Code is hereby amended in its entirety to read as follows:

Vehicle fueling stations."
A. The purpose of this chapter is to regulate vehicle fueling station development to ensure that the design and operation of such uses effectively mitigate traffic, congestion, excessive pavement and lighting, litter, hazardous materials, and noise.

Uses associated with vehicle fueling stations, particularly those which are open 24 hours per day, may be incompatible with adjacent land uses. To protect the health, safety, and general welfare of the city and its residents, these special regulations shall be imposed on the development and operations of vehicle fueling stations.

B. Applicability. All vehicle fueling stations shall comply with the provisions of this section in addition to the property development standards and the permit procedures for the district in which they are to be located. The provisions of this section and this title, as applicable, shall apply to all new vehicle fueling stations and to all existing vehicle fueling stations at such a time as those existing stations may come before the city for an expansion of 25 percent or greater in floor area, or a remodeling, or any other development that would cost more than 50 percent of the value of the improvements on the parcel at the time of remodeling, excluding land value." C. Minimum Development Standards.

1. Vehicle fueling stations shall be separated by a minimum of two -hundred fifty 250' 0") feet. Separation distance shall be measured in a straight line from the middle of the vehicle fueling canopies of said vehicle fueling stations.

2. Minimum Street Frontage. Each parcel shall have a minimum street frontage of 100 feet on each abutting street.

3. Setbacks. No building or structure, except canopies as provided below, shall be located within 30 feet of any right-of-way line, or within 20 feet of any interior parcel line.

4. Fueling Pumps. Fueling pumps shall be located no closer than 20 feet from any property line.
3-
-6-

5. Canopies.
a. Canopies shall be located no closer than 10 feet from any property line. b. Pronounced massing shall be applied to canopy support posts with materials that are consistent with the architectural treatment of the principal building facade.
c. In order to reduce the visual impact of the canopy structure and corresponding lighting, the maximum height of the canopy clearance shall be sixteen ( 16' 0") feet and the maximum width of the canopy fascia shall be thirty ( 30") inches.
d. Canopy fascia shall match the color and texture of the primary building and designed for architectural compatibility with the surrounding area.

6. Walls. Vehicle fueling stations shall be separated from adjacent property which is zoned or used for residential purposes by a decorative masonry wall of not less than six feet in height, as approved by the planning commission. Materials, textures, colors, and design of all walls shall be compatible with on -site development and adjacent properties. No wall higher than three feet in height shall be constructed within five feet of a driveway entrance or vehicle access way which opens onto a street or alley. Walls shall be constructed so as to ensure a clear cross view of pedestrians on the sidewalk, alley, or elsewhere by motorists entering or exiting the parcel.

7. Paving. The site shall be entirely paved, except for buildings and landscaping.

Decorative stamped concrete or pavers shall be installed at each driveway.

8. Landscaping. The vehicle fueling station site shall be landscaped pursuant to the following standards:
a. A minimum of 15 percent of the site shall be landscaped including a planting strip at least five feet wide along all interior parcel lines, nondriveway street frontages, and adjacent to buildings. Planters shall be surrounded by masonry or concrete curbs and so arranged as to preclude motor vehicles from driving across the sidewalk at locations other than access driveways.

Permanent opaque berming or a decorative masonry garden wall shall be provided and maintained along all street frontages and front side yards in the planters at a height of not less than three feet above the average adjacent interior grade.
b. A minimum of 150 square feet landscaped area shall be provided at the intersection of two property lines at a street corner.
4-
-7-

9. Access and Circulation. No more than one driveway with a maximum width of 35 feet shall be permitted on any one street frontage and shall be located as follows:
a. Driveways shall be located no closer than 50 feet from a street intersection, 15 feet from a residential property line or alley, and shall not interfere with the movement and safety of vehicular and pedestrian traffic. Locations of all driveways shall be subject to the approval of the city engineer. b. Electrical vehicle charging stations shall be positioned to ensure vehicle queuing at fueling pumps do not impede access to vehicles entering and exiting the charging station.

10. Air and Water. Each vehicle fueling station shall provide air and water to customers at a convenient location during hours when fuel is dispensed.

11. Restrooms. Each vehicle fueling station shall provide a public restroom which is accessible to the general public and physically disabled during all hours the vehicle fueling station is open to the public.

12. A minimum of one ( 1) DC Fast Charger (` Level 3' or fastest on the market) electrical vehicle charging station ( EVCS) shall be provided for every eight (8) gas/ diesel fuel pumps. For stations with seven or fewer pumps, one ( 1) DC Fast Charger (` Level 3' or fastest on the market) electrical vehicle charging station EVCS) shall be provided.
a. Electrical vehicle charging stations ( EVHS) shall not be counted toward meeting the required minimum number of parking spaces.

13. Non -Commercial Propane Tank Rental/ Exchange. Outdoor storage and display of propane tanks and related racks/ shelving may be permitted on an improved surface abutting the structure so long as it does not impede pedestrian or vehicular movement or necessitate the removal of required landscaping.

14. No outdoor vending machines. Coin -operated vending machines on the exterior of the building are prohibited.

15. Location of Activities. All retail -related activities and operations shall be conducted entirely within an enclosed building, except as follows:
a. The dispensing of fueling products, water, and air from pump islands. b. Replacement vehicle fueling activities such as wiper blades, fuses, radiator caps, and lamps.
5-
-8-
c. Automotive washing facilities and activities conducted on site, where permitted, shall be subject to conditions imposed through the permit review process as required in HMC table 16. 20. 030.A & 16. 24.030.A of the zoning code.

16. Refuse Storage and Disposal. Trash areas shall be provided in compliance with City standards.
a. All trash shall be deposited in the trash area and the gates leading thereto shall be maintained in working order and shall remain closed except when in use.
b. Refuse bins shall be provided and placed in a location convenient for customers.
c. Trash areas shall not be used for storage. The premises shall be kept in a neat and orderly condition at all times and all improvements shall be maintained in a condition of reasonable repair and appearance. No used or discarded automotive parts or equipment, or permanently disabled, junked, or wrecked vehicles may be stored on site.

17. Equipment Rental. Rental of equipment such as trailers and trucks is prohibited.

18. Operation of Facilities.
a. The vehicle fueling station shall at all times be operated in a manner which is not detrimental to surrounding properties or residents. Site design and activities shall be conducted so as to avoid and minimize:
i. Damage or nuisances from noise, smoke, odor, dust, or vibration. ii. Hazards from explosion, contamination, or fire.
b. Vehicle fueling station hours of operation shall be as approved by the conditional use permit.

19. Security Plan. A security plan shall be developed by the applicant and approved by the police department and Community Development Director priorto the issuance of a building permit. The security plan shall include a Video Monitoring System Plan in compliance with HMC Section 16. 40. 480. Plans shall also identify site improvements, a Photometrics measurements and a detailed Landscape Plan.

Alcoves, landscape massing of shrubs and low -canopy shade trees are prohibited.

Kom
-9-

20. Lighting Plan. Lighting standards shall be consistent with Tables 16. 40. 160.A and B unless modifications can be justified by a certified lighting engineer and a photometric plan is required and approved by the planning commission. a. Areas around the pump islands and under canopies shall be illuminated so that the minimum horizontal illuminance at grade level is at least one ( 1) footcandle and no more than five and one- half ( 5. 5) footcandles. The uniformity ratio shall be no greater than four to one ( 4: 1). Maximum illumination level shall be no more than twenty-two ( 22) footcandles.
b. Light fixtures mounted on canopies shall be recessed or flush mounted so that the lens cover is recessed or flush with the bottom surface or ceiling of the canopy and/ or shielded by the fixture or the edge of the canopy. c. As an alternative or supplement to recessed ceiling lights, indirect lighting may be used where light is beamed upward then reflected down from the underside of the canopy. In such case, light fixtures must be shielded so that direct illumination is focused exclusively on the underside of the canopy. d. Lights shall not be mounted on the top or sides (fascias) of the canopy, and the sides of the canopy shall not be illuminated.

D. Abandoned or Converted Vehicle Fueling Stations.

1. Where vehicle fueling stations become vacant or cease operation for more than 180 days, the owner shall be required to remove all underground storage tanks (in a manner acceptable to all applicable permitting/ regulatory agencies), remove all fueling pumps and pump islands, and shall remove freestanding canopies, and address any unresolved department of toxic substances control ( DTSC) violations.

2. So as to confirm that the use has not been abandoned, the owner shall provide evidence to the community development director with written verification prior to the 180th day that an allocation of fuel has been received and operation of the station will commence within 30 days of the date of written correspondence.

3. Resumption of vehicle fueling station operations after the 180 days, specified above, may be permitted by the community development director; provided, that a department review application has been renewed and approved. Such a department review may result in conditions of approval which may include but not be limited to the following:
a. Replanting existing landscape areas;
b. Installing new landscape areas;
c. Restoration of all on -site structures and finishes; 7-
-10-
d. Upgrading or installing trash enclosures;
e. Striping parking spaces;
f. Installation of signs in conformance with adopted sign provisions in Chapter 16. 56 HMC;
g. Resurfacing vehicle access and parking areas; and
h. Installation of missing street improvements.

E. Converted Vehicle fueling Stations. The conversion of vehicle fueling station structures and sites to another use may require upgrading and remodeling including but not limited to removal of all fueling appurtenances, removal of canopies, removal of pump islands, removal of overhead doors, additional landscaping, construction of missing street improvements or modification of existing improvements to conform to access regulations, and exterior remodeling. ( Ord. 341 § 19, 2009; Ord. 171 § 11. 200, 1994)"
SECTION 4. Table 16. 20. 030.A, Uses Permitted Within Commercial Districts, of Section 16. 20. 030, Commercial Use Regulations, of Chapter 16. 20, Commercial Districts, of Title 16, Land Use and Development, of the Highland Municipal Code is hereby amended to read as follows:

Use CG NC PC VC
A. Office and related uses

1. Administrative and executive offices SR SR SR

2. Artist and photographic studios, not including the sale of equipment or supplies

SR SR SR SR

3. Artist and photographic studios, including the sale of equipment or supplies

SR SR SR SR

4. Clerical and professional offices SR SR SR SR

5. Financial services and institutions SR SR SR SR

6. Medical, dental and related health services for humans, including laboratories, clinics, and the sale of articles clearly incidental to the services provided

SR SR SR SR

7. Prescription pharmacies, when located within a building containing the offices of medical practitioners

SR SR SR SR
B. Commercial uses

1. Agricultural SR SR SR SR

2. Adult entertainment (subject to Chapter 16. 72 HMC) SR SR -11-
Use CG NC PC VC

3. Ambulance service C

4. Antique shops SR SR SR SR

5. Apparel stores ( sales) SR SR SR SR

6. Art, music, dance, studios, photographic studios and supply stores SR SR SR SR

7. Appliance stores and repair, large appliances SR SR

8. Appliance stores and repair, small appliances SR SR SR SR

9. Arcades C C

10. Athletic and health clubs SRC SR C

11. Auto repair, major ( engine overhaul) C C

12. Auto repair, minor SR SR SR SR

13. Auto supply store SR SR SR SR

14. Automotive washing ( full -service) SR C SR

15. Automotive washing ( self- service) SR C SR

16. Auction houses C

17. Automotive rental agencies ( excluding outdoor storage) SR SR

18. Automotive - paint and body ( major engine overhaul) C C

19. Automotive and light truck sales/ minor repair C C

20. Auto sales ( major repair) C C

21. Bail bond services SR

22. Bakeries ( retail) SR SR SR SR

23. Barber and beauty shops SR SR SR SR

24. Bicycle shops ( nonmotorized) SR SR SR SR

25. Blueprint and photocopy services SR SR SR

26. Boat and camper (sales only) SR

27. Book, gift, and stationery stores SR SR SR SR

28. Building materials sales ( masonry, sand, gravel) SR SR

29. Camera shops SR SR SR SR

30. Candle shops SR SR SR SR

31. Candy stores and confectioneries SR SR SR SR

32. Catering establishments SR SR SR SR

33. Cemetery ( human) C C

34. Check cashing C 0
-12-
Use CG NC PC VC

35. Cleaning and pressing establishments SR SR SR SR

36. Clothing and costume rental SR SR SR SR

37. Cocktail lounges/ bars, including upgrading an existing ABC license e. g., beer and wine to a hard liquor license)
C C C

38. Communication and telecommunication facilities ( radio and television, not including wireless telecommunication facilities)

C C C C

39. Commercial recreational facilities ( indoor) SR C SR C

40. Commercial recreational facilities ( outdoor) C C C C

41. Convenience stores ( including alcohol sales) C C C C

42. Convenience stores ( no alcohol sales) SR SR SR SR

43. Dairy products stores SR SR SR

44. Department stores SR SR

45. Drapery and decorating shops SR SR SR

46. Dress -making shops SR SR SR SR

47. Driving schools SR C

48. Drugstores/ pharmacies SR SR SR SR

49. Electronic coin -operated games ( operated for compensation) — less than five games

SR SR SR

50. Extreme value retail C C C C

51. Fast food restaurants C C C C

52. All other drive- in/- thru businesses including theaters C C C

53. Feed tack stores SR C SR

54. Fixed price retail C C C C

55. Floral shops SR SR SR SR

56. Food stores and supermarkets SR SR SR SR

57. Floor covering stores ( may include incidental repair) SR SR SR

58. Furniture stores, repair and upholstery SR SR SR

59. General retail stores SR SR SR SR

60. Hardware stores SR SR SR SR

61. Hobby shops SR SR SR SR

62. Home improvement (indoor) SR C SR

63. Home improvement ( outdoor) C SR
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Use CG NC PC VC

64. Hotels and motels SR SRC

65. Ice machines SR SR SR

66. Insurance services SR SR SR SR

67. Investigation services SR SR SR

68. Janitorial services and supplies SR SR SR

69. Jewelry stores SR SR SR SR

70. Kiosks (parking lot film processing and key shops) SR SR SR SR

71. Laundry pick- up and delivery agencies and self- service laundries includes diaper service)

SR SR SR

72. Liquor stores C C C C

73. Massage establishments C 11111111 C C

74. Mortgage services SR SR SR SR

75. Motorcycle shops ( sales and service) SR SR

76. Locksmith shops SR SR SR SR

77. Meat markets SR SR C

78. Mortuaries C C C C

79. Music stores SR SR SR SR

80. Newspaper and magazine stores SR SR SR SR

81. Mini -storage ( for public use) C C

82. Miniature golf courses SR SR

83. Nurseries and garden supply stores ( provided all equipment and supplies are kept within a building or fenced enclosed area)

SR SR SR SR

84. Odd- lot/ close- out retail C C C C

85. Office and business machines stores SR SR SR C

86. Paint stores SR SR SR

87. Parking facilities ( off -site) SR C C

88. Pet shops SR SR SR SR

89. Political or philanthropic headquarters SR SR SR SR

90. Pottery sales SR SR SR

91. Printing and copy shops ( other than newspaper) SR SR SR SR

22. Recycling collection facilities: reverse vending machines, small collection facilities (refer to HMC 16. 44. 170)
SR SR
11 -
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Use CG NC PC VC

93. Plumbing shops and supplies SR SR SR

94. Real estate services SR SR SR SR

95. Restaurants other than fast foods:
a. With entertainment and/ or serving alcoholic beverages, including upgrading an existing ABC license ( e. g., beer and wine to a hard liquor license)
b. Without entertainment and/ or serving alcoholic beverages

C C C C

SR SR SR SR

96. Shopping centers C C C C

97. Shoe stores ( repairs) SR SR SR SR

98. Secondhand stores/ pawn shops SR SR

99. Sporting goods stores SR SR SR SR
100. Shoe stores ( sales) SR SR SR SR
101. Stamp and coin shops SR SR SR SR
102. Stationery stores SR SR SR SR
103. Statue shops SR SR SR
104. Sign painting shops within completely enclosed buildings C SR SR 105. Surveying services SR SR SR
106. Swimming pool supplies SR SR SR
107. Swimming pool sales/ service, outdoor display SR
108. Telegraph offices C
109. Tailor shops SR SR SR SR
110. Taxidermists ( no processing) SR SR SR
111. Television ( radio sales and repair) SR SR SR SR
112. Theaters, including both motion picture and live performing arts excludes open air)
C C C
113. Tire sales and service SR SR
114. Toy stores SR SR SR SR
115. Transportation facilities C C C C
116. Travel agencies SR SR SR SR
117. Trophy store SR SR SR SR
118. Upholstering shops ( automotive) SR SR
119. Variety stores SR SR SR SR
F-1207Vehicle fueling stations (automotive, without convenience sales) C C C C 12-
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Use CG NC PC VC
121. Vehicle fueling stations ( automotive, without convenience store, with or without alcoholic beverage sales)

C C C C
122. Veterinary offices and animal hospitals including exterior kennels, pens or runs
C C C
123. Veterinary offices and animal hospitals excluding exterior kennels, pens or runs

SR SR SR SR
124. Wall covering store SR SR SR
125. Weight reduction center SR SR SR SR
126. Wireless telecommunication facility
a. Major
b. Minor

C C C C

SR ISR SR SR
C. Public and quasi -public uses

1. Auditoriums C C

2. Day nurseries, nursery schools, and child care facilities in CG ( General Commercial District), subject to a conditional use permit C C C

3. Hospitals C C C

4. Convalescent homes C C C C

5. Convention halls, trade shows, exhibit buildings with incidental food service
C C

6. Community facilities and religious institutions C C C C

7. Clubs, lodges, fraternities and sororities C C C C

8. Communication and telecommunication facilities ( not including radio and television)

C C C C

9. Educational institutions ( including public or private vocational schools)

C C C C

10. Fire and police stations SR SR SR SR

11. Public administration buildings and civic centers SR SR SR SR

12. Public libraries and museums SR SR SR SR

13. Public parks and recreation facilities (public or private) SR SR SR SR

14. Public utilities and public service substations, reservoirs, pumping plants and similar installations not including public utility offices

SR SR SR C

15. Residential care facilities (per state law) C C C C

16. Post offices SR SR SR SR

17. Public utility services offices SRC SR SR
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Use CG NC PC VC
D. Residential mixed uses

1. Attached mixed use structures (per Chapter 16. 22 HMC) C E. Accessory uses

1. Accessory structures and uses located on the same site as a permitted use subject to issuance of a department review permit

SR SR SR SR

2. Accessory structures and uses located on the site as a conditional use C C C C F. Temporary uses
SECTION 5. Section 16. 24. 030, Use Regulations for Employment Districts, of Chapter 16. 24, Employment Districts, of Title 16, Land Use and Development, of the Highland Municipal Code is hereby amended to read as follows:

16. 24.030 Use regulations for employment districts
A. Identified on Table 16. 24. 030. A are those land uses or activities which may be permitted in each of the employment districts, subject to the provisions of this chapter, this title and applicable general plan policies, and those land uses and activities which are not permitted. Table 16. 24. 030. A also indicates the development procedure and the approval type by which each listed land use or activity may be permitted in each of the employment districts.

1. Where the symbol "" appears in the column beneath an employment zone district, the corresponding land use or activity shall not be permitted in the zone district.

2. Where the symbol " P" appears in the column beneath the zone district, the corresponding land use or activity is permitted by right in that zone district; provided, that the use is in conformance with the provisions of this title.

Permitted uses shall be subject to consistency assessment, which shall determine the conformance of the proposed use or activity with the provisions of this title in conjunction with, and as a requirement of, the issuance of a permit by any city department.

3. Where the symbol " SR" appears in the column beneath employment zone designations, the corresponding land use or activity may be permitted subject to the approval of a staff review permit application as provided for in Chapter 16. 08 HMC.

4. Where the symbol "C" appears in the column beneath employment zone designations, the corresponding land use or activity may be permitted subject to the approval of a conditional use permit application as provided for in Chapter 16. 08 HMC.

Im
14-
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B. Land uses within the employment districts shall meet the provisions of the hazardous materials management section ( HMC 16. 40. 130), and all applicable local, state, and federal hazardous materials legislation, in addition to the provisions of this chapter.

C. If permitted, land uses within the business park, office professional, or industrial zone districts which are or would be " hazardous materials handlers or generators," as defined by the criteria contained in the county hazardous waste management plan, shall be subject to the conditional use permit application procedure, notwithstanding the application process which may be specified in this chapter.

Table 16. 24. 030.A
Uses Permitted Within Employment Districts
Legend
Not permitted in this district
SR Permitted Subject to approval of a staff review permit application C Permitted Subject to approval of a conditional use permit application P Permitted in this district'
Uses BP I OP
A. Manufacturing uses

1. Bakery/food preparation C SR

2. Bottling plants C SR

3. Carpenter and cabinet shops SR SRI

4. Cement products manufacturing C SR

5. Citrus products manufacturing, including frozen foods SR

6. Electronics: electrical and related parts; electrical appliances, motors, and devices; radio, television, and phonograph
SR

7. Furniture upholstering SR SR

8. Instruments: electronic and precision; medical and dental; timing and measuring
SR SR

9. Laboratories: chemical, dental, electrical, optical, mechanical, and medical
SR SR

10. Manufacture and maintenance of electrical and other signs SR SR 15-
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Uses BP I OP

11. Manufacturing, compounding, assembly or treatment of articles or merchandise from the following previously prepared typical materials:
a. Canvas, cellophane, cloth, cork, felt, fiber, fur, glass, leather, paper ( no milling), precious or semi- precious stones or metals, plaster, plastics, shells, C SR textiles, tobacco, wood and yarns

12. Office and related machinery: audio machinery; computers, electrical SR SR SR and manual; visual machinery

13. Packing houses SR

14. Pharmaceuticals: cosmetics, Drugs, perfumes, toiletries, and soap ( not SR SR including refining or rendering of fats or oils)

15. Rubber and metal stamp manufacturing C SR
B. Wholesale uses and warehousing

1. Light wholesale, storage and distribution including wholesaling, storage, and warehousing services within enclosed buildings. Storage and wholesale to retailers from the premises of unfinished, raw and semi- SR SR refined products requiring further processing, fabrication, and manufacturing, and other storage shall be excluded from this land use type

2. General wholesale, storage, and distribution including warehousing, storage, freight handling, shipping, trucking services and terminals, storage and warehousing from the premises of unfinished, raw and semi -refined C SR products requiring further processing, fabrication, or manufacturing.

Outdoor storage shall be permitted subject to applicable screening requirements

3. Contractor's storage yards (temporary in Business Park) including the storage of equipment, materials and vehicles for construction industry SR SR contractors (screening of outdoor storage required)

4. Recreational vehicle storage ( screening of outdoor storage required) C SR

5. Vehicle storage/towing services C SR

6. Vehicle wrecking and storage C

7. Mini storage C SR
C. Commercial uses and services

1. Adult entertainment ( subject to Chapter 16. 72 HMC) SR SR

2. Ambulance services SR SR

3. Appliance repair SR SR

4. Art galleries SR SR

5. Art studio SR SR
16-
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Uses BP I OP

6. Art supply shops SR

7. Athletic and health clubs ( indoor) SR SR IC

8. Auction house C SR

9. Automotive fleet storage C SR

10. Automotive rental agencies SR SR

11. Automotive and light truck repair (minor) SR SR

12. Automotive and light truck repair (major) SR

13. Bakery shops SR

14. Banks, savings and loans, credit unions SR SR

15. Barber and beauty colleges SR SR

16. Blueprinting and photocopying SR SR SR

17. Boat and camper repairs C SR

18. Car wash SR IN

19. Cleaning and pressing establishments SR C

20. Communication and telecommunication facilities ( radio and television, not including wireless telecommunication facilities)
C C C

21. Commercial recreational facilities ( indoor) C C C

22. Driving schools C C

23. Exterminators C SR

24. Emergency shelters — 25 persons or less ( excludes transitional housing and permanent support type housing facilities) (refer to HMC 16. 44.270) SR

25. Florist shop SR SR

26. Furniture stores ( repair and upholstery) C SR

27. Glass shops and glass studio SR SR

28. Hotels and motels C C

29. Janitorial services and supplies SR SR C

30. Insurance services SR SR

31. Kennel and catteries C C

32. Laundry pickup and delivery services SR SR

33. Locksmith shops SR SR

34. Lumber and buildings material yards C SR

35. Massage establishments C
1 1
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Uses BP I OP

36. Newspaper and magazine shops ( printing and publishing) C SR SR

37. Office and business machine ( service and repair) SR C

38. Commercial parking facilities C C

39. Political or philanthropic headquarters SR SR

40. Printing and copy shops SR SR SR

41. Plumbing shops and supplies SR SR

42. Real estate services SR SR

43. Recycling facilities: large collection facilities and processing facilities refer to HMC 16. 44. 170)
SR

44. Restaurants ( including Drive -through) SR C

45. Restaurants other than fast food:
a. With entertainment and/or serving alcoholic beverages, including upgrading an existing ABC license (e. g., beer and wine license to a hard liquor license) b. Without entertainment and/ or serving alcoholic beverages C C
SR SR

46. Sign painting shops SR SR

47. Stationery stores SR SR

48. Statue shop SR

49. Surveying services SR SR

50. Swimming pool and spa sales SR

51. Swimming pool supply and cleaning services SR SRI

52. Tailor shops SR SR

53. Taxidermist SR SR

54. Travel agencies SR SR

55. Truck wash SR

56. Tire retreading and recapping C

57. Vehicle Fueling stations ( automotive, without convenience sales) C

58. Vehicle Fueling stations ( automotive, with convenience store, with or without alcoholic beverage sales)
C

59. Vending machine service and repair SR SR

60.- Veterinary offices and animal hospitals, excluding exterior kennels, pens or runs
C C

61. Weight reduction center SR SR
18-
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Uses BP I OP

62. Wireless telecommunication facility
a. Major
b. Minor
C C C

SR SR SR
D. Accessory uses

1. Accessory structures and uses, including child care facilities, located on the same site as a use permitted subject to the issuance of a department review permit

SR SR SR

2. Accessory structures and uses, including child care facilities, located on the same site as a conditionally permitted use
C C C

3. Watchman' s or caretaker's living quarters only when incidental to and on the same site as a permitted or conditional use (where 24- hour surveillance is required)

SR SR SR
E. Public and quasi -public uses

1. Bus, rail and taxi stations C C C

2. Churches, clubs, lodges, fraternities, and sorority headquarters C C

3. Educational institutions (including public or private vocational schools) C C

4. Fire and police facilities SR SR SR

5. Day nurseries, nursery schools, and child care facilities, per state law C C

6. Postal services SR SR SR

7. Public administration buildings and civic center SR SR SR

8. Public utility services offices SR SR
F. Office and related uses

1. Administrative and executive offices ( incidental to primary use) SR SR SR

2. Clerical and professional offices ( incidental to primary use) SR SR SR

3. Financial/ mortgage services and institutions SR SR SR

4. Medical, dental and related health services for humans, including laboratories, clinics, and the sale of articles clearly incidental to the services provided
SR SR

5. Prescription pharmacies when located within a building containing the offices of medical practitioners
SR SR
G. Temporary uses

1. Temporary uses as prescribed in HMC 16. 08. 120 SR SR SR H. Other uses similar to, and no more objectionable than, the uses identified above shall be reviewed per the process required by the similar use, as determined by the planning commission.

P P
P
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SECTION 6. Table 16. 52. 030. A, Off -Street Automobile Parking Space Requirements, of Section 16. 24. 030, Schedule of Off -Street Parking Requirements, of Chapter 16. 52, Parking Regulations, of Title 16, Land Use and Development, of the Highland Municipal Code is hereby amended to read as follows:

Use
Minimum OffStreet Parking
Requirements
Maximum
0 Compact
Uses
Maximum %
Noncompact
Uses That
May Be
Long Term
Notes
A. Residential
uses

1. Single-family 2. 0 spaces per None None 1 Must be provided detached unit' 2, 3 within enclosed garage.
1a Within Village
Residential District, no
more than a two -car
space and no less than
a one -car space shall be
provided within an
enclosed garage and
shall be located a
minimum of 45 feet from
the exterior garage door
to the front property line.
2 Units which meet state
requirements for second
units shall be required to
provide an additional
parking space as a
condition of approval.

The additional space
may be tandem.
3 Guest parking is
assumed to be available
on the public or private
street. If it is not
permitted or is restricted
on the street, then one
visitor space per unit will
be required within 100
feet of each unit' s
frontage and cannot be
20-
-23-
Use
Minimum OffStreet Parking
Requirements
Maximum
0 Compact
Uses
Maximum %
Noncompact
Uses That
May Be
Long Term
Notes
tandem. Up to 50
percent of visitor parking
may be provided on
private driveways if the
driveway is a minimum
of 18 feet wide and 23
feet long ( from travelway
to garage door). Parked
cars must not encroach
upon the sidewalk. No
more than one parking
space in a driveway may
be designated for visitor
parking.

2. Single- family
attached/ multiplefamily ( R- 2, R2C, R- 3 Districts) a. Resident Studio: 1 covered None None 4 All covered parking parking4, 5, 6
space per unit spaces shall be
assigned to a specific
unit.
1 bedroom: 1. 5 None None 5 For R- 2 and R- 2C
spaces per unit ( 1 Districts, covered
covered) spaces may be required
to be provided in an
enclosed garage.

Emphasis should be
made to locate the
garage adjacent to the
unit being served. If it is
not adjacent, the garage
shall be located within
150 feet of the unit being
served.
2 or more None None 6 The parking
bedrooms: 2. 0 requirement shall be
spaces per unit ( 1 reduced pursuant to a
covered) density bonus granted
21 -
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Use
Minimum OffStreet Parking
Requirements
Maximum
0 Compact
Uses
Maximum %
Noncompact
Uses That
May Be
Long Term
Notes
for a qualifying residents
project in accordance
with the provisions of
HMC 16. 40.090( B)( 1)( e).

The community
development director
may also reduce the
parking requirement for
projects that incorporate
affordable housing units
but do not qualify for a
density bonus.
b. Guest Parking' 0. 5 space per unit 50% None 7 Guest spaces may be uncovered. On -street
parking can count for
visitor parking if spaces
are within 250 feet of
each unit's frontage.

3. Multifamily (R4 District)
a. Resident Studio and 1 None None a Minimum of 1 parking parking$ bedroom: 1. 5 per space shall be covered
unit within a garage or
2 bedrooms: 1. 9 per None None
carport.
unit
3 bedrooms: 2. 1 per None None
unit
4 bedrooms: 2. 4 per None None
unit
b. Guest parking9 0. 3 spaces per unit 9 Guest spaces may be uncovered.

4. Senior
housing:
a. Resident 1. 0 space per unit10 None None 90 Spaces shall be parking covered and may be
either a carport or
garage.
22-
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Use
Minimum OffStreet Parking
Requirements
Maximum
0 Compact
Uses
Maximum %
Noncompact
Uses That
May Be
Long Term
Notes
b. Guest parking 0. 25 space per 50% None Guest spaces may be unit" uncovered.

5. Senior
housing:
congregate care
a. Resident 0. 5 spaces per unit 50% None 12 Applicant shall submit parking or as determined by a parking study pursuant
the planning to the requirements of
commission for the HMC 16. 52.020.
proposed use12, 13
13 The 0. 5 space per
dwelling unit shall be for
the exclusive use of
residents within a
garage or carport as
approved by the
approving authority
adjacent to the unit it is
serving. For multiple -
family units, the parking
shall be within 150 feet
of the dwelling it is
serving.
b. Guest parking 0. 25 space per 50% None 14 Guest parking may be unit14 uncovered.

6. Mobilehome
parks and
subdivisions
a. Resident 2 spaces per unitl5 None None 15 Tandem spaces may parking be used to meet resident
parking requirements.
b. Guest parking 1 space for each None None
five units or fraction
thereof

7. Model home 3 spaces per model None None 16 On -street parking complexes home, plus 1 space adjacent to the model
per salesperson16, 17 home complex may be
23-
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Minimum Off -
Use Street Parking
Requirements
B. Commercial
uses

1. Uses located
in regional
commercial
shopping centers
more than
750, 000 ft. of
gross leasable
area)

2. Uses located
in neighborhood,
community, and
convenience
shopping centers
less than
750,000 ft. of
gross leasable
area) _

3. Freestanding
commercial and
service uses
1 space per 200 ft.
of gross floor area
1 space per 250 ft.
of gross floor area'$
Maximum
Maximum %
Noncompact
O
llcpc That
Compact
Uses
25%
25%
May Be
Long Term
20%
20%
Notes
counted toward the
parking requirement if it
is found that on -street
parking will not impact
residential parking and
will not obstruct traffic
flow.
1' Spaces for
salespersons may be
provided in vacant
garages of model
homes.
18 Alternative parking
requirements for
specialty commercial
centers may be
established by the
community development
director based upon a
parking study submitted
by or required of a
project applicant. (See
HMC 16. 52. 020 for
parking study submittal
requirements.)
24-
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Use
Minimum OffStreet Parking
Requirements
Maximum
0 Compact
Uses
Maximum %
Noncompact
Uses That
May Be
Long Term
Notes
a. Automobile 1 space per 500 ft. 25% None 19 No required off- street repair of gross floor area parking space shall be
plus 2 spaces per used for sale, service,
service bay19 rental, or repair of
vehicles.
b. Automobile 3 spaces per 1, 000 25% None 20 No required off- street sales ft. of interior office parking space shall be
area plus 2 spaces used for repair of
per service bay20 vehicles.
c. Vehicle Fueling 1 space per 200 ft.
station of retail area
25% None
d. Automobile 3 spaces per 25% None
washing washing stall
e. Barber shop, 3 spaces per barber 25% None
beauty parlor chair or beautician
station
f. Bank, savings 1 space per 250 ft. 25% 25% 22 Special design and loan22 of gross floor area requirements shall apply for Drive -through
facilities ( see
Chapter 16. 44 HMC,
Specific Use
Development
Standards).
g. Business and 1 space per 250 ft. 25% None
personal of gross floor area
services, general
h. Eating and
Drinking
establishments
i. With Drive- in or 1 space per 75 ft. of 25% None 23 Special design take- out gross dining area, requirements shall apply
facilities23 inside and outside for Drive -through
facilities ( see
Chapter 16. 44 HMC,
25-
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Use
Minimum OffStreet Parking
Requirements
Maximum
0 Compact
Uses
Maximum %
Noncompact
Uses That
May Be
Long Term
Notes
Specific Use
Development
Standards).
ii. All others 1 space per 75 ft. of
without Drive- in gross floor area for
or take- out dining, inside and
facilities) outside, up to 6, 000
gross ft., plus 1
space per 55 ft. of
gross floor area for
dining, inside and
outside, over 6, 000
ft.
i. Hotel, motel 1 space per guest 25% None
room plus 1 space
per 100 gross ft. of
banquet, assembly,
or restaurant
seating area plus 1
space per 400 ft. of
accessory retail
area
j. Lumber yard, 1 space per 250 ft. 25% None
nursery of gross floor area
for retail sales plus
1 space per 1, 000
gross ft. of outdoor
area devoted to
displays and
storage
k. Mortuaries 1 space per each 4 25% None
seats plus funeral
procession queue
capacity for 5 cars
I. Offices
i. Administrative, 1 space per 250 35% 50%
business, gross ft. of floor
professional area
26-
-29-
Use
Minimum OffStreet Parking
Requirements
Maximum
0 Compact
Uses
Maximum %
Noncompact
Uses That
May Be
Long Term
Notes
ii. Government 1 space per 200 35% 50%
gross ft. of floor
area
m. Retail, general 1 space per 250 25% None
i. e., department gross ft. of floor
stores, markets, area
specialty, etc.)
n. Retail, 1 space per 500 25% None
furniture, major gross ft. of floor
appliances area
C. Educational
services

1. Business and 1 space per each 4- 25% 25%
trade schools person capacity, or
1 space per 250
gross ft. of floor
area, whichever is
greater

2. Colleges 10 spaces plus 30 25% 25%
spaces per
classroom

3. Elementary, 2 spaces per 25% 25%
junior high classroom
schools

4. Senior high 10 spaces plus 10 25% 25%
schools spaces per
classroom
D. Medical and
health services

1. Convalescent 1 space per 3 beds 25% 25%
and nursing
homes

2. Hospitals 1 space per 1. 5 25% 25%
beds
27-
-30-
Use
Minimum OffStreet Parking
Requirements
Maximum
0 Compact
Uses
Maximum %
Noncompact
Uses That
May Be
Long Term
Notes

3. Medical and 1 space per 200 25% 25%
dental offices and gross ft. of floor
clinics; area
emergency
medical
veterinary
hospitals and
clinics
E. Industrial
uses

1. Manufacturing 1 space per 500 35% 50%
gross ft. of floor
area devoted to
manufacturing plus
the required amount
of parking for gross
square footage
devoted to other
uses

2. Research and 1 space per 250 35% 50%
development gross ft. of floor
area

3. Warehouse 1 space per 1, 000 35% 50%
and distribution gross ft. of floor
area devoted to
warehousing plus
the required amount
of parking for gross
square footage
devoted to other
uses
F. Entertainment
and recreation
uses

1. Arcades, 1 space per 75 25% None Applicant shall submit a games gross ft. of floor floor plan with the
area or 1 space per occupancy noted in

2. 5 persons of the each room and space as
28-
-31-
Use
Minimum OffStreet Parking
Requirements
Maximum
0 Compact
Uses
Maximum %
Noncompact
Uses That
May Be
Long Term
Notes
occupancy of the required by the city
building, whichever building code.
is greater. In
addition, 1 space
per every 3
employees on the
premises in a 24-
hour period

2. Auditoriums, 1 space per 3 seats 25% None Applicant shall submit a places of public or 1 space per 35 floor plan with the
assembly gross ft. where there occupancy noted in
are no fixed seats, each room and space as
or 1 space per 2. 5 required by the city
persons of the building code.
occupancy of the
building, whichever
is greater. In
addition, 1 space
per every 3
employees on the
premises in a 24-
hour period

3. Bowling alleys, 5 spaces per alley 25% None
billiard halls plus 2 spaces per
billiard table plus
required parking for
other on -site uses

4. Commercial 1 space per 5 25% None
stables horses capacity for
boarding on -site

5. Golf Driving 1 space per tee plus 25% None
range required parking for
other on -site uses

6. Golf course 6 spaces per hole 25% None
executive and plus required
regulation) parking for other on -
site uses
29-
-32-
Use
Minimum OffStreet Parking
Requirements
Maximum
0 Compact
Uses
Maximum %
Noncompact
Uses That
May Be
Long Term
Notes

7. Golf, miniature 3 spaces per hole 25% None
plus required
parking for other on -
site uses

8. Health club 1 space per 80 ft. 25% None 24 Alternative parking floor area24 requirements for health
centers may be
established by the
approval authority based
upon a parking study
submitted by or required
of a project applicant.

See HMC 16. 52. 020 for
parking study submittal
requirements.)

9. Parks, public To be determined 25 Applicant must submit and private ( over for the proposed a parking study ( see 10 acres in size) use based upon the HMC 16. 52. 020 for parking study parking study submittal
findingS25 requirements).
a. Neighborhood A minimum of 5 25% None
parks ( under 10 spaces for the first 2
acres) acres plus 1 space
for each additional
acre
b. Community A minimum of 5 25% None
park ( under 5 spaces per acre,
acres) plus additional
spaces for spectator
seating at athletic
fields, community
centers, and pools,
plus 1 space for
each picnic table

10. Skating rinks 1 space per 100 25% None
gross ft. of floor
area
30-
-33-
Use
Minimum OffStreet Parking
Requirements
Maximum
O
Compact
Uses
Maximum %
Noncompact
Uses That
May Be
Long Term
Notes

11. Tennis, 3 spaces per court 25% None
handball, plus required
racquetball parking for other on -
facilities site uses

12. Theaters, 5 spaces plus 1 25% None Applicant shall submit a movie, stage space per 3 fixed floor plan with the
shows, live seats, or 1 space occupancy noted in
performances, per 2. 5 persons of each room and space as adult cabarets the occupancy of required by the city
the building, building code.
whichever is
greater. In addition,
1 space per every 3
employees on the
premises in a 24-
hour period
G. Public and
quasi -public
uses

1. Day care,
preschools,
26 Parking requirements
nursery schools, are determined based
family day care, upon maximum capacity
residential care of proposed facility.
homes26
a. Day care 1 space per 25% None
centers employee plus 1
space per 5 children
b. Family day 2 spaces per 25% None
care homes dwelling unit in
addition to
residential
requirement
c. Residential 2 spaces per 25% None
care homes dwelling unit in
addition to
residential
requirement
31 -
-34-
Use
Minimum OffStreet Parking
Requirements
Maximum
0 Compact
Uses
Maximum %
Noncompact
Uses That
May Be
Long Term
Notes

2. Libraries, 1 space per 300 25% None
museums, gross ft. of floor
galleries area

3. Places of 1 space per 80 ft. of 25% None
worship floor area of main
assembly/ auditorium
area, plus
requirement for
office space, if
applicable, plus
requirement for
school uses, if
applicable

4. Public utilities To be determined 25% None 27 Applicant shall submit by the approval a parking study. (See
authority for the HMC 16. 52. 020 for
proposed use27 parking study
requirements.)
SECTION 7. Subsection A of Section 16. 40. 480, Video Monitoring Systems, of Chapter 16. 40, Development Standards, of Title 16, Land Use and Development, of the Highland Municipal Code is hereby amended to read as follows:

A. The establishment of the following permitted uses or any expansion greater than 25 percent of floor space of any of these uses in all districts shall be required to install and maintain in good working order a video monitoring system prior to the issuance of a certificate of occupancy:

1. Arcades;

2. Check cashing;

3. Convenience markets;

4. Financial services and institutions;

5. Vehicle Fueling stations including associated pump islands;

6. On -site and off -site sale of alcoholic beverage outlets;

7. Drive- through/ fast food or sit- down restaurants;

8. Hotels and motels;

9. Jewelry stores;

10. Gun and ammunition retailers/ wholesalers;

11. Massage parlors;

12. Sexually oriented businesses as defined in Chapter 16. 06 HMC; 32-
-35-

13. Off -site parking lots ( not ancillary to a permitted use)." SECTION 8. Environmental Review. The City Council finds that the adoption of this Ordinance is exempt from the California Environmental Quality Act ( CEQA) pursuant to the General Rule ( 14 C. C. R. Section 15061( b)( 3)) of the CEQA Guidelines, which is the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and CEQA does not apply where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment as the regulations will ensure that future vehicle fueling stations are modernized and help support the public health and safety of the community. There is no possibility that the Ordinance may have a significant effect on the environment since the Code Amendment is not proposing development of a project.

SECTION 9. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, subsections, sentences, clause or phrases. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause and phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clause or phrase be declared invalid or unconstitutional, and would have passed and adopted the same even though any sections, subsections, sentences, clauses or phrases that may be held invalid had been omitted therefrom.

SECTION 10. Publication and Posting. Within fifteen ( 15) days following the passage of this Ordinance, the City Clerk shall publish and/ or post this Ordinance as required by state law and City resolution.

PASSED, APPROVED, AND ADOPTED this day of 2022.

Larry McCallon
Mayor
ATTEST:

Betty Hughes
City Clerk
APPROVED AS TO FORM:

Maricela E. Marroquin
City Attorney
33-
-36-
ATTACHMENT 2
Ordinance No.
-37-
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA REPEALING ORDINANCE NOS. 449, 450 AND 454

ESTABLISHING A MORATORIUM ON THE APPROVAL OF LAND USE

ENTITLEMENTS FOR NEW VEHICLE FUELING STATIONS
THE CITY COUNCIL OF THE CITY OF HIGHLAND DOES ORDAIN AS FOLLOWS:

SECTION 1. Findings and Intent.

WHEREAS, on August 24, 2021, the Highland City Council adopted Ordinance No. 449 establishing a moratorium on the approval of land use entitlements for new vehicle fueling stations or the expansion of the number of fueling pumps at existing stations. In compliance with Government Code section 65858, the City Council subsequently extended the moratorium for two more years pursuant to Ordinance Nos. 450 and 454 to allow staff sufficient time to study and analyze the issue and draft a permanent ordinance regulating vehicle fueling stations. The moratorium is scheduled to expire on its own terms on August 23, 2023.

WHEREAS, on October 11, 2022, the Highland City Council conducted a first reading of an Ordinance No. 456, an Ordinance of the City Council of the City of Highland, California Amending Title 16 ( Land Use and Development) of the Highland Municipal Code Pertaining to Vehicle Fueling Stations, Amending the Process or Obtaining an Entitlement Process in the Employment District from Design Review to Staff Review, and Making a Finding of Exemption Under California Environmental Quality Act ( Municipal Code Amendment MCA 21- 001) at a duly noticed public hearing. On November 8, 2022, the City Council adopted Ordinance No. 456.

WHEREAS, once the permanent regulations set forth in Ordinance No. 456 are in place pertaining to vehicle fueling stations, the moratorium imposed by Ordinance Nos. 449, 450 and 454 will no longer be needed.

SECTION 2. The City Council of the City of Highland hereby repeals Ordinance Nos. 449, 450 and 454 in their entirety.

SECTION 3. Publication and Posting. Within fifteen ( 15) days following the passage of this Ordinance, the City Clerk shall publish and/ or post this Ordinance as required by state law and City resolution.

PASSED, APPROVED, AND ADOPTED this day of 2022.

Larry McCallon
Mayor
-38-
ATTEST:

Betty Hughes
City Clerk
APPROVED AS TO FORM:

Maricela E. Marroquin
City Attorney
2-
-39-

STAFF REPORT

TO THE CITY COUNCIL
DATE: November 8, 2022
FROM: Joseph A. Hughes, City Manager
REVIEWED BY: Lawrence A. Mainez, Community Development Director Maricela Marroquin, City Attorney
PREPARED BY: Matt Wirz, Building Official
SUBJECT: Ordinance 457, an ordinance of the City Council of the City of Highland, amending Title 15 of the Highland Municipal Code to adopt the 2022 California Building Code, Volume I and II, including Chapter 1, Division II and Appendix H, the 2022 California Fire Code including Chapter 1, Division II and Appendices I, N, and O, the 2022 California Existing Building Code including Chapter 1, Division II, the 2022 California Residential Code including Chapter 1, Division II and Appendix AX, the 2022 California Electrical Code including Article 89, the 2022 California Plumbing Code including Chapter 1, Division Il, the 2022 California Mechanical Code including Chapter 1, Division II, the 2022 California Green Building Standards Code including Chapter 1, Division II, and making a finding of exemption under the California Environmental Quality Act; and Resolution No. , a Resolution of the City Council of the City of Highland making express findings and determinations that modifications to the 2022 California Fire Code as adopted by the City of Highland, are reasonably necessary because of local climatic, geological and/ or topographical conditions
RECOMMENDATION: That the City Council:

1. Open and conduct a public hearing, and conduct a second reading of Ordinance No. 457, and

2. Adopt Resolution , making express findings for modifications to the 2022 California Fire Code
FISCAL IMPACT: There is no fiscal impact related to this action other than staff time to prepare the staff reports and documents.

Approved Motion Second
Denied Ayes
Continued Noes
Tabled Abstain
Absent
1 City Clerk City M
Agenda Item No. /
I?
File No.
-1-
PUBLIC NOTICE: The agenda was posted at the City' s three ( 3) designated posting locations as required by Resolution No. 2011- 047 and on the City' s Website. The California Building Code, Volume I and II, the 2022 California Fire Code, the 2022 California Existing Building Code, the 2022 California Residential Code, the 2022 California Electrical Code, the 2022 California Plumbing Code, the 2022 California Mechanical Code, the 2022 California Green Building Standards Code are available for public inspection in the office of the City Clerk during regular business hours.

Consistent with Government Code Section 6066, a public hearing notice was published on October 21, 2022 and October 28, 2022 in the San Bernardino Sun, providing notice of the public hearing to consider the adoption of Ordinance No. 457.

ENVIRONMENTAL REVIEW: The adoption of this Ordinance is categorically exempt from environmental review pursuant to the California Environmental Quality Act Guidelines California Code of Regulations, Title 14, Chapter 3). It is further exempt in that it can be seen with certainty that there is no possibility that the adoption of this ordinance, and the regulations established thereby, may have a significant effect on the environment, and therefore exempt from California Environmental Quality Act review pursuant to Title 14, Section 15061( b)( 3) of the California Code of Regulations.

BACKGROUND: The State of California adopts a new series of building codes on a tri- annual basis. Cities have a mandate to enforce these building regulations on January 1, 2023, which is six months from the date of the State adoption.

During the last Building Code cycle, the City Council adopted Ordinance 438 thereby adopting the 2019 series of Building Codes with the effective date of January 1, 2020.

Each code cycle the State performs updates to the previous code versions. While there are hundreds of modifications, this code cycle most items are not substantial changes but rather clarifications.

DISCUSSION:

City staff is recommending the adoption of the following codes:
2022 California Building Code, Volume I and II, including Chapter 1, Division II and Appendix H,
2022 California Fire Code including Chapter 1, Division II and Appendices I, N and O, 2022 California Existing Building Code including Chapter 1, Division II, 2022 California Residential Code including Chapter 1, Division II and Appendix AX, 2022 California Electrical Code including Article 89,
2022 California Plumbing Code including Chapter 1, Division II, 2022 California Mechanical Code including Chapter 1, Division II, 2022 California Green Building Standards Code including Chapter 1, Division II.

City staff may choose to make recommendations to the City Council for adoption into the City Municipal Codes. There are of two types of recommendations, administrative or substantive.

Administrative amendments do not require findings to justify reasoning. They only need to -2-
have a reasonable need and be adopted by the local jurisdiction.

Substantive amendments, also referred to as non -administrative, must be supported by findings. Substantive amendments must be more restrictive than the State mandated provision. Then findings must be identified and filed with the Building Standards Commission. These substantive findings must identify the need based on one or more of the following conditions: Climatic, Geologic and Topographic.

The findings for the City of Highland are identified in the attached resolution and summarized below.

The proposed Code Amendments for this code cycle, listed below, are carry-over amendments from the previous code cycle. When a finding is needed, the finding that applies to the amendment is identified along with a brief description of amendment. In order to make and justify these local amendments, the city has prepared a resolution (" Exhibit B") that provides the findings for each non -administrative amendment. This resolution will also be submitted to the City Council for consideration at the November 8, 2022, public hearing concurrently with the adoption of the ordinance.

Building Code: The below referenced amendments are administrative and therefore the City Council does not need to make express findings to make these amendments.

Section 15. 04. 030: Carry- over; administrative amendment; this amendment adjusts the allowance for no permit from 7 foot down to 6 feet. Fencing over 6 feet is regulated by the planning department and this adjustment brings building into sync with the new fence ordinance.

Section 15. 04. 040: Carry- over; AB- 2913 went into effect in 2019 allowing 365 days for work to commence on a project site before permit expiration. The proposed amendment is administrative and allows for all permits to start construction within 365 days prior to expiration, not just projects identified in the bill.

Section 15. 04. 050: Carry- over; this amendment is administrative and requires address numbering to be larger and illuminated.

Fire Code:

Section 15. 06. 030: Carry-over; this administrative amendment adds three items to the list that require permits.

Section 15. 06. 040: Carry-over; this administrative amendment clarifies the scope for cost recovery due to fire related violations.

Section 15. 06.050: Carry-over; addition of administrative definitions.

Section 15. 06. 060: Carry- over; due to local conditions identified in Section B 1, 2, and 3 of the Resolution, this amendment prohibits the open burning of many materials. 0 Section 15. 06. 070: Carry- over; due to local conditions identified in Section B 1, 2, and 3 -3-
of the Resolution, this amendment requires fire access roads to be designed and maintained to support fire apparatus.

Section 15. 06. 080: Carry-over; due to local conditions identified in Section B 1, 2, and 3 of the Resolution, this amendment sets a maximum grade for access roads.

Section 15. 06. 090: Carry-over; administratively provides authority to remove obstructions for fire services.

Section 15. 06. 100: Carry-over; administrative, repeats the address sizing and illumination amendment in the Building Code.

Section 15. 06. 110: Carry-over; due to local conditions identified in Section B 1, 2, and 3 of the Resolution, residential incinerators are prohibited.

Section 15. 06. 120: Carry-over; this amendment addresses the administrative issues of false alarms and out of service systems.

Section 15. 06. 130: Carry-over; due to local conditions identified in Section B 1, 2, 3, and 4 of the Resolution, this amendment requires the alarm or monitoring system to be connected to all extinguishing systems.

Section 15. 06. 140: Carry- over; due to local conditions identified in Section B 1, 2, 3, and 4 of the Resolution, this amendment requires a reduction in size of tire stockpiles is identified.

Section 15. 06. 170: Carry- over; due to local conditions identified in Section B 1, 2, 3, and 4 of the Resolution, this amendment supports the need for a more restrictive level of regulation regarding flammable and combustible liquids.

Residential Code: The below referenced amendments are administrative and therefore the City Council does not need to make express findings to make these amendments.

Section 15. 14.040: Carry-over; administrative amendment; this amendment adjusts the allowance for no permit from 7 foot down to 6 feet. Fencing over 6 feet is regulated by the planning department and this adjustment brings building into sync with the fence ordinance.

Section 15. 14. 050: Carry-over; this amendment is administrative and requires address illumination on residences.

Section 15. 14. 060 and 070: Carry -Over; this administrative amendment retains the legislative minimum standard while only continuing the current level of pool safety related to pool barriers.

Building disciplines not listed above do not have proposed amendments.

Ordinance 438 will be amended when the new building code ordinance is adopted by the City. -4-
Exhibits:

A. Resolution
B. Ordinance 457
-5-
Exhibit " A"
Resolution
-6-
RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND

MAKING EXPRESS FINDINGS AND DETERMINATIONS THAT
MODIFICATIONS TO THE 2022 CALIFORNIA FIRE CODE AS ADOPTED

BY THE CITY OF HIGHLAND, ARE REASONABLY NECESSARY

BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL AND/ OR

TOPOGRAPHICAL CONDITIONS

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

Section 1. Recitals.

WHEREAS, Health and Safety Code Section 17958 provides that the City of Highland (" City") shall adopt ordinances and regulations imposing the same or modified or changed requirements as are contained in the California Building Standards Code adopted by the State pursuant to the Health and Safety Code Section; and WHEREAS, Health and Safety Code Section 17958. 5( a) permits the City to make modifications to the Codes comprising the California Building Standards Code Codes") provided the City Council makes express findings that such modifications are reasonably necessary because of local climatic, geological, and/ or topographic conditions; and
WHEREAS, the City of Highland Building Official has determined that certain modifications to the Codes are reasonably necessary due to local conditions in the City of Highland, in order to more fully protect the public health, safety and welfare, and safeguard life and property within the City of Highland.

Section 2. Resolution.

A. The facts set forth in the Recitals in Section 1 above are true and correct.

B. The local conditions more fully described below, exist within the City of Highland, that justify amendments to the 2022 California Building Code, Residential Code and Fire Code. The City Council of the City of Highland finds that these local climatic, geographical and topographical conditions and findings include but are not limited to the following:

1. The City is subject to relatively low amounts of precipitation, very low humidity levels and extremely high temperatures. In addition, there have been longstanding drought conditions in the area. These climatic conditions are conducive to the spread of fire. For example, during July, August and September temperatures often exceed 100 degrees Fahrenheit. During this same period, relative humidity is typically less than 30% and measurements of less than 10% are not uncommon. These recordings have been documented by the National Climatic Data Center. With the drying of brush and other combustible materials, these conditions cause an above average amount of -7-
fuel within the City and surrounding areas.

2. The City is subject to extremely strong winds, commonly referred to as Santa Ana" winds which can easily reach 40 miles per hour and have had recorded gusts exceeding 100 miles per hour. These winds can exacerbate the spread of wild fires and structure fires as the prevailing winds compress as it rises across the foothills to the mountain ridges at the North and East sides of the City.

3. Much of the Northeast and Eastern portions of the City are in the wild -land urban interface ( WUI) area including the San Bernardino National Forest. This creates unique challenges with development in terms of emergency access, adequate water supply and an extended response time from the nearest fire stations( s). In addition, due to the sharp rise of the San Bernardino Mountain slopes from the valley floor and with several drainages, this area is subject to flooding even with seasonal precipitation that occurs at higher elevations.

4. The San Andreas Fault runs through the Northeast portion of the city and is easily capable of producing a major earthquake exceeding 7. 0 on the Richter scale. An earthquake of this size or greater could cause severe infrastructure damage to utilities, including water supply utilized for fighting fires, broken gas lines and downed power line.

Fire services will be overtasked and many roads would not be useable or safe.

5. The City is prone to fires. The Old Fire of 2003 which began in the foothills of the San Bernardino Mountains, burned 91, 281 acres, caused 6 deaths and destroyed 993 homes have occurred in the immediate proximity of the City. On June 27, 2017 there was a 900- acre wildfire in Highland that forced the evacuation of about 200 residents. On July 12, 2017 there was a 33- acre fire that burned in the City. A few days later on July 14, 2017, there was a 450- acre brush fire that burned around homes in the City. In San Bernardino, there was a recent brush fire on October 21, 2019 that destroyed or damaged nine homes. On October 24, 2019 there was a wildfire in San Bernardino that burned 145 acres. According to CalFire, 7, 860 fires were recorded to CalFire and the US Forest Service in 2019, an increase from the 7, 571 fires in 2018. In 2020, these figures increased again to 9, 639 fire incidents. In September 2020, the El Dorado Fire occurred in Yucaipa where 22, 744 acres were burned, 10 structures were destroyed, and tragically, one firefighter died. The City is prone to strong winds which help fuel brush fires and can create a dangerous situation and create a risk to the public safety.

C. Based upon the recommendations of the Building Official, the City Council finds that the amendments are more restrictive than those of the standards adopted by the California Building Standards Commission, and would decrease the potential and incidence of injury, death and property damage due to the aforementioned local climatic, geological and topographical conditions.

D. Based upon the local climatic, geological, and topographical conditions described in Subsection B above, the City Council finds that following modifications to the 2022 California Fire Code (" CFC") reflected in Ordinance No. 457 are reasonably necessary in order to protect and preserve the public health, safety, and welfare:

Modifications to the CFC, as reflected in HMC Section 15. 06. 060, CFC 307. 1; HMC -8-
Section 15. 06. 070, CFC 503. 2. 3; HMC Section 15. 06. 080, CFC 503. 2. 7; HMC Section

15. 06. 090, CFC 503. 4; HMC Section 15. 06. 100, CFC 505. 1. 1, 505. 1. 2, 505. 1. 3; HMC Section 15. 06. 110, CFC 605. 8. 1; HMC Section 15. 06. 120, CFC 901. 7. 6. 1; HMC Section

15. 06. 130, CFC 904.3. 5; HMC Section 15. 06. 140, CFC 3405. 1; and HMC Section

15. 06. 170, CFC 5704.

E. Said CFC amendments are reasonably necessary in that they will serve to provide greater protection based upon the conditions as described below:

1. HMC Section 15. 06. 060, CFC 307. 1 amendments based upon the conditions as described in Recital B 1, 2, and 3;

2. HMC Section 15. 06. 070, CFC 503. 2. 3 amendments based upon the conditions as described in Recital B 1, 2, 3; and 5; 3 HMC Section 15. 06. 080, CFC 503. 2. 7 amendments based upon the conditions as described in Recital B 1, 2, 3, and 5;

4. HMC Section 15. 06. 110, CFC 603. 8. 1 amendments based upon the conditions as described in Recital B 1, 2, 3, and 5; 5 HMC Section 15. 06. 130, CFC 904. 3. 5 amendments based upon the conditions as described in Recital B 1, 2, 3, 4, and 5;

6. HMC Section 15. 06. 140, CFC 3405. 1 amendments based upon the conditions as described in Recital B 1, 2, 3, 4, and 5;

7. HMC Section 15. 06. 170, CFC 5704 amendments based upon the conditions as described in Recital B 1, 2, 3, 4 and 5.

Section 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this resolution is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this resolution. The City Council of the City of Highland hereby declares that it would have passed each section, subsection, subdivision , paragraph, sentence, clause or phrase hereof, irrespective of the fact that nay one or more sections, subsections, subdivision, paragraphs, sentences, clauses or phrases be declared invalid.

Section 4. Direction to File. The City Clerk shall, and is hereby directed to, file a copy of this resolution, together with a copy of Ordinance No. 457 with the State Building Standards commission, as required by California Health and Safety Code Section 17958. 7.

Section 5. Certification. The City Clerk shall certify to the adoption of this resolution.
-9-
PASSED, APPROVED, AND ADOPTED this 8th day of November, 2022.

Larry McCallon
Mayor
ATTEST:

Betty Hughes, MMC
City Clerk
-10-
Exhibit " B"
Ordinance
-11-
ORDINANCE NO. 457

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, AMENDING TITLE 15 OF THE HIGHLAND MUNICIPAL CODE TO
ADOPT THE 2022 CALIFORNIA BUILDING CODE, VOLUME I AND II, INCLUDING CHAPTER 1, DIVISION II AND APPENDIX H, THE 2022 CALIFORNIA FIRE CODE INCLUDING CHAPTER 1, DIVISION II AND APPENDICES I, N AND O, THE 2022 CALIFORNIA EXISTING BUILDING CODE INCLUDING CHAPTER 1, DIVISION II, THE 2022 CALIFORNIA RESIDENTIAL CODE INCLUDING CHAPTER 1, DIVISION II AND
APPENDIX AX, THE 2022 CALIFORNIA ELECTRICAL CODE
INCLUDING ARTICLE 89, THE 2022 CALIFORNIA PLUMBING CODE INCLUDING CHAPTER 1, DIVISION II, THE 2022 CALIFORNIA
MECHANICAL CODE INCLUDING CHAPTER 1, DIVISION II, THE 2022

CALIFORNIA GREEN BUILDING STANDARDS CODE INCLUDING
CHAPTER 1, DIVISION II, AND TOGETHER WITH CERTAIN

AMENDMENTS THERETO, AND MAKING A FINDING OF EXEMPTION

UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

THE CITY COUNCIL OF THE CITY OF HIGHLAND DOES HEREBY FIND, DETERMINE, AND ORDAIN AS FOLLOWS:

WHEREAS, Health and Safety Code Section 17958 et seq. provides that the City may adopt by reference various Building Codes and Regulations, including the 2022 California Building Code; Volumes I and Il; the 2022 California Fire Code; the 2022 California Residential Code; the 2022 California Existing Building Code; the 2022 California Electrical Code; the 2022 California Plumbing Code; the 2022 California Mechanical Code; and the 2022 California Green Building Standards Code ( collectively referred to as the " Building Code" or "this Code"); and
WHEREAS, it is the desire and intent of the City Council of the City of Highland to provide citizens with the greatest degree of structural, fire and life safety in buildings in the most cost effective manner by adopting that body of regulations referred to as the California Building Standards Code with amendments specific by the City of Highland; and WHEREAS, the City Council has determined that the provisions of the State Building Standards Code shall be adopted as provided for in this Ordinance and that the City Council takes said action because of the public interest in protecting life and preserving public safety and property; and
WHEREAS, State law allows local governments to amend California Building Codes on the basis of local climatic, geological or topographical conditions provided the amendments are more restrictive than and are necessary in order to provide the highest level of life -safety standards and requires that local governments enforce these editions; 2 -12-
and
WHEREAS, the additional requirements and standards established herein are needed to properly protect the health, safety and welfare of the existing and future residents, visitors and workers within the City of Highland. Said requirements and standards are reasonably necessary because of local climatic, geological, and topographical conditions and comply with existing state laws and regulations; and
WHEREAS, one complete copy of the adopted series of Building Codes and Fire Codes are on file and are open for inspection by the public in the office of the City Clerk.

Section 1. Code Amendment. Chapters 15. 04, 15. 06, 15. 10, 15. 14, 15. 16,

15. 20, 15. 24, and 15. 38 of Title 15 of the Highland Municipal Code are hereby amended as provided for herein, provided that said amendments shall not apply to or excuse any violation thereof occurring prior to the effective date of this Ordinance and provided further that the provisions of Title 15 as they exist prior to the adoption of this ordinance shall continue to be applicable to construction wherein plans have been submitted for plan check as of the effective date of this Ordinance so long as the initial permit therefore is issued not later ninety ( 90) days after the effective date of this Ordinance.

The amendments to Chapters 15. 04, 15. 06, 15. 10, 15. 14, 15. 16, 15. 20, 15. 24, and

15. 38 shall not excuse or negate any violation that occurred prior to the effective date of this Ordinance, and shall not affect any prosecution or conviction for such violation.

Section 2. Code Amendment. Chapter 15. 04 (California Building Code) of Title 15 ( Buildings and Construction) of the City of Highland Municipal Code is hereby amended in its entirety to read as follows:

Chapter 15. 04 California Building Code.

Sections:

15. 04. 010 Adoption of the California Building Code

15. 04. 020 Purpose

15. 04. 030 Subsection 105.2, Work exempt from permit, amended

15. 04. 040 Subsection 105. 5. 1, Expiration, amended

15. 04. 050 Subsections 502. 1. 1, Address Illumination, 502. 1. 2, Commercial Addresses, and 502. 1. 3, Map Directory, added
SECTION 15. 04.010 Adoption of the California Building Code.

The 2022 California Building Code, Volume I and II, ( Part 2 of Title 24 of the California Code of Regulations), including Chapter 1, Division II " Scope and Administration", and Appendix H " Signs", based on the 2021 International Building Code, as published by the International Code Council, is adopted by reference, together with the amendments, additions, deletions, an exceptions set forth in this chapter. One 9 -13-
complete copy of the same is on file and is open for inspection by the public in the office of the City Clerk and designated as the Building Code for the City of Highland.

The Building Official is hereby designated the authority charged with the administration and enforcement of this code.

SECTION 15. 04. 020. Purpose.

The purpose of this code is to prescribe regulations for the erection, construction, enlargement, alteration, repair, improvement, removal, conversion, demolition, occupancy, equipment, use, height, area, grading and maintenance of all buildings and structures with exception to those elements regulated by the 2022 California Residential Code, 2022 California Existing Building Code and 2022 California Historical Building Code.

SECTION 15. 04. 030 Subsection 105. 2, Work exempt from permit, amended.

Item 2 ( Building) of Subsection 105. 2, Work exempt from permit, of Section 105, Permits, of Part 2, Administration and Enforcement, of Division II, Chapter 1, Scope and Administration is hereby amended to read as follows:

2. Fences not over 6 feet in height. Fences that are to be located within the Wildland Urban Interface or are installed as a pool barrier or enclosure are not exempt.

SECTION 15. 04. 040 Subsection 105. 5. 1, Expiration, amended.

Section 105. 5. 1, Expiration, of Section 105, Permits, of Part 2, Administration and Enforcement, of Division II, Chapter 1, Scope and Administration is hereby amended to read as follows:

On or after January 1, 2019, every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 12 months after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 12 months after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. ( see Health and Safety Code Section 18938. 5 and 18938. 6.)
Time limitation for permit activity as the result of code enforcement case shall be as per notice of violation, citation or as otherwise determined by the Building Official or Code Officer.

SECTION 15.04.050 Subsections 502. 1. 1, Address Illumination, 502. 1. 2, Commercial Addresses, and 502. 1. 3, Map Directory, added. 11 -14-
Subsections 502. 1. 1, Address Illumination, 502. 1. 2, Commercial Addresses, and 502. 1. 3 Map Directory, are hereby added to Section 502. 1, Address Identification, of Section 502 Building Address, of Chapter 5, General Building Heights and Areas to read as follows:
502. 1. 1 Address Illumination. New structures of all occupancies shall provide address identification with illumination during the hours of darkness. Illumination shall be of the high efficiency type meeting provisions of the 2022 California Energy Code and the 2022 California Electrical Code. Addressing for Occupancy Group R- 3 shall be provided with internal illumination.
502. 1. 2 Commercial Addresses. All new and existing Group A, B, E, F, H, I, M, R- 1, R-2, R-4 and S occupancies shall be provided with minimum eight ( 8) inch address numbers. Occupancies with multiple tenant spaces shall be posted with a minimum of four ( 4) inch contrasting tenant specific identification displayed over their main entrance, additionally, tenant spaces with rear access shall provide minimum ( 3) inch contrasting address numbers on the rear doors.
502. 1. 3 Map Directory. A lighted directory site map shall be installed and maintained at each driveway entrance to multiple unit residential projects where the total number of units in the project exceeds fifteen ( 15)."
Section 3. Chapter 15. 06 ( California Fire Code) of Title 15 ( Buildings and Construction) of the City of Highland Municipal Code is hereby amended in its entirety to read as follows:

Chapter 15. 06. California Fire Code.

Sections:

15. 06. 010 Adoption of the California Fire Code

15. 06. 020 Purpose

15. 06. 030 Subsections 105. 5. 54. 4, Christmas Tree Lots, 105. 5. 54. 5, Green Waste, and 105. 5. 54. 6, Pallets, added

15. 06. 040 Subsection 110.4. 2, Costs Incurred, added

15. 06. 050 Section 202, General Definitions, amended

15. 06. 060 Subsection 307. 1. 2, Material Restrictions, and 307. 1. 3, Burning Operations, added

15. 06. 070 Subsection 503. 2. 3, Surface, amended

15. 06. 080 Subsection 503. 2. 7, Grade, amended

15. 06. 090 Subsection 503. 4, Obstruction of Fire Apparatus Access Roads, amended

15. 06. 100 Subsections 505. 1. 1, Address Illumination, 505. 1. 2, Commercial Addresses, and 505. 1. 3, Map Directory, added
E
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15. 06. 110 Subsection 603. 8. 1, Residential Incinerators, amended

15. 06. 120 Subsection 901. 7. 6. 1, Problematic Systems and System Out -of - Service, added

15. 06. 130 Subsection 904.3. 5, Monitoring, amended

15. 06. 140 Subsection 3405. 1, Individual piles, amended

15. 06. 150 Repealed

15. 06. 160 Repealed

15. 06. 170 Subsection 5704. 1. 1, Storage of Flammable and Combustible liquids, added
SECTION 15. 06. 010. Adoption of the California Fire Code.

The 2022 California Fire Code ( Part 9 of Title 24 of the California Code of Regulations), including Chapter 1, Division II " Scope and Administration" and Appendix I " Fire Protection Systems -Noncompliant Conditions", Appendix N " Indoor Trade Shows and Exhibitions", and Appendix O " Temporary Haunted Houses, Ghost Walks and Similar Amusement Uses"; based on the 2021 International Fire Code as published by the International Code Council, is adopted by reference, together with the amendments, additions, deletions, an exceptions set forth in this chapter. One complete copy of the same is on file and is open for inspection by the public in the office of the City Clerk and is designated as the fire code for the City of Highland. The Fire Marshal and Building Official are hereby designated the authorities charged with the administration and enforcement of this code.

SECTION 15.06.020. Purpose.

The purpose of this code is to prescribe reasonable safeguards for the erection, construction, enlargement, alteration, repair, improvement, removal, conversion, demolition, occupancy, equipment, use, height, egress, area, occupancy and maintenance of all buildings and structures related to fire, explosion and dangerous conditions in order to provide life safety and property protection.

Section 15. 06. 030. Subsections 105.5. 54.4, Christmas Tree Lots, 105. 5. 54.5, Green Waste, and 105. 5. 54.6, Pallets, added.

Subsections 105. 5. 54. 4, Christmas Tree Lots, 105. 5. 54. 5, Green Waste, 105. 5. 54. 6, Pallets, are hereby added to Section 105. 5. 54, Additional Permits of Section 105, Permits, of Part 2, Administration and Enforcement, of Division II of Chapter 1, Scope and Administration to read as follows:
105. 5. 54. 4 Christmas Tree Lots. To operate a Christmas tree sales lot. 105. 5. 54. 5 Green Waste. Commercial green waste recycling, mulching, composting, storage and operations.
105. 5. 54. 6 Pallets. Storage, handling, repair or manufacturing of combustible pallets G
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in excess of 100 units at any one site.

SECTION 15. 06. 040. Subsection 112.4.2, Cost Incurred, added.

Subsection 112. 4. 2, Cost Incurred, is hereby added to Section 112. 4, Violation penalties, of Section 112, Violations, of Part 2, Administration and Enforcement, of Division II of Chapter 1, Scope and Administration is hereby amended to read as follows:
112. 4.2, Cost Incurred. Any person who negligently, intentionally, or in violation of law, causes an emergency response, including but not limited to, a traffic accident or spill of toxic or flammable fluids or chemicals, is liable for the costs of securing such emergency, including those costs set out in Health and Safety Code Section 13009 et seq. and Government Code Section 53150 et seq. Any expense incurred by the fire department for securing such an emergency shall constitute a debt of such person and shall be collectible by the City in any means as established by law.

SECTION 15.06.050. Section 202, General Definitions, amended.

Section 202, General Definitions, of Chapter 2, Definitions is hereby amended to add or clarify the following definitions:

ALL-WEATHER DRIVING SURFACE. An approved concrete or asphalt covering of sufficient thickness to support the imposed loads of fire apparatus or where road grades are no greater than 8% and an approved alternate material compacted to 95%.

CORPORATION COUNSEL. Where used in said California Fire Code, it shall mean the City Attorney for the City of Highland.

FIRE CODE OFFICIAL. Where used in said California Fire Code, it shall mean the Fire Marshal, Deputy Fire Marshal, Building Official of the City of Highland, or his or her authorized representative.

FIRE DEPARTMENT. Where used in said California Fire Code, it shall mean the Fire Department of the City of Highland.

JURISDICTION. Where used in said California Fire Code, it shall mean the City of Highland.

MODEL ROCKET. Any toy or educational device which weighs not more than 500 grams, ( 17.637 ounces, or 1. 1 pounds) including the engine and any payload that is propelled by model rocket engines.

MODEL ROCKET ENGINE. A commercially manufactured, non -reusable rocket propulsion device which is constructed of a nonmetallic casing and solid propellant, 7 -17-
wherein all of the ingredients are self-contained so as not to require mixing or handling by the user and which have design and construction characteristics determined by the State Fire Marshal to provide a reasonable degree of safety to the user.

SPARK ARRESTER — APPROVED. An approved spark arrester shall mean a device constructed of stainless steel, copper, brass, or woven galvanized wire mesh. The spark arrester screen shall have heat and corrosion resistance equivalent to 12- gauge wire, 19- gauge galvanized wire or 24-gauge stainless steel. Openings shall not permit the passage of spheres having a diameter larger than 1/ 2 inch ( 12. 7 mm) and shall not block the passage of spheres having a diameter of less than 3/ 8 inch ( 9. 5 mm).

The screen shall be mounted in or over all outside flue openings in a vertical or near vertical position, adequately supported to prevent movement and visible from the ground.

SECTION 15. 06. 060. Subsections 307. 1. 2, Material Restrictions, and 307. 1. 3, Burning Operations, added.

Subsection 307. 1. 2, Material Restrictions, and 307. 1. 3, Burning Operations, are hereby added to Section 307. 1, General, of Section 307, Open Burning Recreational Fires and Portable Outdoor Fireplaces, of Chapter 3, General Requirements to read as follows:
307. 1. 2 Material Restrictions. Open burning of rubbish containing paper products, trash and debris containing non -organic material is prohibited. 307. 1. 3 Burning Operations. The burning of salvage vehicles and salvage or waste materials shall be prohibited.

SECTION 15. 06.070. Subsection 503. 2. 3, Surface, amended.

Subsections 503. 2. 3, Surface, of Section 503. 2, Specifications, of Section 503, Fire Apparatus Access Roads, of Chapter 5, Fire Service Features is hereby amended to read as follows:
503. 2. 3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all-weather driving capabilities. Turf block, Ritter Rings, Turf Paver Gravel and other similar products shall not be used for fire department access surfacing.

SECTION 15. 06. 080. Subsection 503. 2. 7, Grade, amended.

Subsection 503. 2. 7, Grade, of Section 503. 2, Specifications, of Section 503, Fire Apparatus Access Roads, of Chapter 5, Fire Service Features is hereby amended to read as follows:
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503. 2. 7, Grade. The gradient for a fire apparatus access road shall not exceed the maximum 12% unless approved by the Fire Code Official.

SECTION 15. 06. 090. Subsection 503. 4, Obstruction of fire apparatus access roads, amended.

Subsection 503. 4, Obstruction of fire apparatus access roads, of Section 503, Fire Apparatus Access Roads, of Chapter 5, Fire Service Features is hereby amended to read as follows:
503. 4 Obstruction of fire apparatus access roads. Access roads, private roadways, and public roadways shall be provided and maintained in a passable condition at all times. Any obstruction or impedance to reasonable access may be removed by any public safety agency with the expense of such removal to be borne by the owner of the roadway, or in the case of an obstructing vehicle or object, by the owner of said vehicle or object.

SECTION 15. 06. 100. Subsections 505. 1. 1, Address Illumination, 505. 1. 2, Commercial Addresses, and 505. 1. 3, Map Directory, added.

Subsections 505. 1. 1, Address Illumination, 505. 1. 2, Commercial Addresses, and 505. 1. 3, Map Directory, are hereby added to Section 505. 1, Address Identification, of Section 505, Premises Identification, of Chapter 5, Fire Service Features to read as follows:
505. 1. 1 Address Illumination. New structures of all occupancies shall provide address identification with illumination during the hours of darkness. Illumination shall be of the high efficiency type meeting provisions of the energy code. Addressing for Occupancy Group R- 3 shall be provided with internal illumination. 505. 1. 2 Commercial Addresses. All new and existing Group A, B, E, F, H, I, M, R- 1, R- 2, and S occupancies shall be provided with minimum eight ( 8) inch address numbers. Occupancies with multiple tenant spaces shall be posted with a minimum of four ( 4) inch contrasting tenant specific identification displayed over their main entrance, additionally, tenant spaces with rear access shall provide minimum ( 3) inch contrasting address numbers on the rear doors.
505. 1. 3 Map Directory. A lighted directory site map shall be installed and maintained at each driveway entrance to multiple unit residential projects where the total number of units in the project exceeds fifteen ( 15).

SECTION 15. 06. 110. Subsection 605. 8. 1, Residential Incinerators, amended. 0 -19-
Subsection 605. 8. 1, Residential Incinerators, of Section 605. 8, Incinerators, of Section 605, Fuel -Fired Appliances, of Chapter 6, Building Services and Systems is hereby amended to read as follows:
605.8. 1 Residential Incinerators. Residential incinerators are prohibited.

SECTION 15. 06. 120. Subsection 901. 7. 6. 1, Problematic Systems and System Out -of -Service, added.

Subsection 901. 7. 6. 1, Problematic Systems and System Out -of -Service, is hereby added to Subsection 901. 7. 6, Restoring system to service, of Section 901. 7, Systems out of service, of Section 901, General, of Chapter 9, Fire Protection and Life Safety Systems to read as follows:
901. 7. 6. 1 Problematic Systems and Systems Out -of -Service. In the event of temporary failure of the alarm system or an excessive number of false alarm activations, the Fire Code Official is authorized to require the building owner or occupant to provide standby personnel until the system is restored.

After repeated alarm malfunctions resulting in a Fire Department response, in number deemed by the Fire Code Official to be excessive to the Fire Department, the Fire Code Official may schedule a hearing to provide the alarm owner and/ or company the opportunity to show cause why the system should not be removed from service.

Following said hearing, if it is determined that the problems in the alarm system have not been corrected to the Fire Code Official' s satisfaction, after providing written notice, the Fire Code Official may order that the alarm service be discontinued, the occupancy cease its use and fines be imposed until such time as the system is repaired and properly maintained, and unnecessary responses are mitigated.

SECTION 15. 06. 130. Subsection 904. 3. 5, Monitoring, amended.

Subsection 904. 3. 5, Monitoring, of Section 904. 3, Installation, of Section 904, Alternative Automatic Fire -Extinguishing Systems, of Chapter 9, Fire Protection and Life Safety Systems is hereby amended to read as follows:
904.3. 5 Monitoring. Where a building fire alarm or monitoring system is installed, automatic fire -extinguishing systems shall be monitored by the building fire alarm or monitoring system in accordance with NFPA 72.

SECTION 15. 06. 140. Subsection 3405. 1, amended.

Subsection 3405. 1, Individual piles, of Section 3405, Outdoor Storage, of Chapter 34, Tire Rebuilding and Tire Storage is hereby amended to read as follows:
10 -20-
3405. 1 Individual piles. Tires shall be restricted to individual piles not exceeding 2, 500 square feet ( 232. 26 m2) of continuous area. Piles shall not exceed 25, 000 cubic feet in volume or 10 feet ( 3048 mm) in height. Pile width shall not exceed 25 feet.

SECTION 15. 06. 150. Omitted
SECTION 15. 06. 160. Omitted
SECTION 15. 06. 170. Subsection 5704. 1. 1, Storage of Flammable and Combustible Liquids, added.

Subsection 5704. 1. 1, Storage of Flammable and Combustible Liquids is hereby added to Section 5704. 1, General, of Section 5704, Storage, of Chapter 57, Flammable and Combustible Liquids to read as follows:
5704. 1. 1 Storage of Flammable and Combustible Liquids.

Bulk storage of flammable or combustible liquids in above ground storage tanks is prohibited on residential or institutional properties.

For properties other than residential or institutional properties, bulk storage of flammable or combustible liquids in above ground storage is prohibited, unless the Fire Code Official determines, with specific written findings, that such an installation will not create a hazard to life or property in the area.

Exceptions: Crankcase draining may be stored in specially constructed aboveground storage tanks with a maximum capacity of 550 gallons. Tanks may be located within a building when approved by the Fire Code Official, provided the tank meets all of the following criteria: Specially designed, approved and listed containers, which have features, incorporated into their design that mitigate concern for exposure to heat, ignition sources and mechanical damage. Containers must be installed, maintained and used in accordance with their listing. Adequate provisions shall be made for leak and spill containment, in accordance with the National Pollutant Discharge Elimination System requirements.

Class I and 11 liquids may be stored in above -ground storage tanks, up to the quantities permitted in California Fire Code Sections 5701. 1 and 5704. 1, outside of buildings, in specially designed, approved and listed containers which have features incorporated into their design which mitigate concerns for exposure to heat, ignition sources and mechanical damage. Containers must be installed, maintained and used in accordance with their listing. Adequate provisions shall be made for leak and spill containment, in accordance with the National Pollutant Discharge Elimination System requirements."
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Section 4. Code Amendment. Chapter 15. 10 ( California Existing Building Code) of Title 15 ( Buildings and Construction) of the City of Highland Municipal Code is hereby amended in its entirety to read as follows:

Chapter 15. 10 California Existing Building Code.

Sections:

15. 10. 010 Adoption of the California Existing Building Code

15. 10. 020 Purpose
SECTION 15. 10. 010 Adoption of the California Existing Building Code.

The 2022 California Existing Building Code ( Part 10 of Title 24 of the California Code of Regulations), including Chapter 1, Division II " Scope and Administration"; based on the 2021 International Existing Building Code as published by the International Code Council, is adopted by reference. One complete copy of the same is on file and is open for inspection by the public in the office of the City Clerk and designated as the existing building code for the City of Highland. The Building Official is hereby designated the authority charged with the administration and enforcement of this code.

SECTION 15. 10. 020. Purpose.

The purpose of this code is to prescribe regulations for the repair, alteration, change of occupancy, addition to and relocation of existing buildings and to provide flexibility to permit the use of alternative approaches to achieve compliance with minimum requirements and safeguards for continuance use."
Section 5. Code Amendment. Chapter 15. 14 ( California Residential Code) of Title 15 ( Buildings and Construction) of the City of Highland Municipal Code is hereby amended in its entirety to read as follows:

Chapter 15. 14 California Residential Code.

Sections:

15. 14. 010 Adoption of the California Residential Code

15. 14. 020 Purpose

15. 14. 030 Subsection R105. 2, amended

15. 14. 040 Subsection R105. 5, amended

15. 14. 050 Subsections R319. 1. 1, Address Illumination, and R319. 1. 2 Map Directory, added

15. 14. 050 Subsection 115922( a) of Appendix AX, amended SECTION 15. 14. 010 Adoption of the California Residential Code.

The 2022 California Residential Code ( Part 2. 5 of Title 24 of the California Code of Regulations), including Chapter 1, Division 11 " Scope and Administration", and Appendix AX " Swimming Pool Safety Act", based on the 2021 International Residential Code as published by the International Code Council, is adopted by reference, together with the amendments, additions, deletions, and exceptions set 12 -22-
forth in this chapter. One complete copy of the same is on file and is open for inspection by the public in the office of the City Clerk and designated as the residential building code for the City of Highland. The Building Official is hereby designated the authority charged with the administration and enforcement of this code.

SECTION 15. 14. 020. Purpose.

The purpose of this code is to prescribe regulations for the repair, alteration, change of occupancy, addition to, replacement, demolition, use, occupancy, construction, and location of one and two family dwellings with exception to those regulated by the 2022 California Existing Building Code, the 2022 California Building Code and the 2022 California Historical Building Code.

SECTION 15. 14.030 Section R105. 2, Work Exempt from Permits, amended.

Item 2 ( Building) of Subsection R105. 2, Work exempt from permit, of Section R105, Permits, of Part 2, Administration and Enforcement, of Division II of Chapter 1, Scope and Administration is hereby amended to read as follows:

Section R105. 2

2. Fences not over 6 feet in height. Fences that are to be located within the Wildland Urban Interface or are installed as a pool barrier or pool enclosure are not exempt.

SECTION 15. 14.040 Subsection R105. 5. 1, Expiration, amended.

Section R105. 5. 1, Expiration, of Section R105, Permits, of Part 2, Administration and Enforcement, of Division II of Chapter 1, Scope and Administration is hereby amended to read as follows:
105. 5 Expiration. On or after January 1, 2019, every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 12 months after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 12 months after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. (see Health and Safety Code Section 18938. 5 and 18938. 6.)
Time limitation for permit activity as the result of code enforcement case shall be as per notice of violation, citation or as otherwise determined by the Building Official or Code Officer.

SECTION 15. 14. 050. Subsections R319. 1. 1, Address Illumination, and R319. 1. 2, Map Directory, added.
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Subsections R319. 1. 1, Address Illumination, and R319. 1. 2, Map Directory, are hereby added to Section R319. 1, Address identification, of Section R319, Premises Identification, of Chapter 3, Building and Planning to read as follows:

R319. 1. 1 Address Illumination. New structures of all occupancies shall provide address identification with illumination during the hours of darkness. Illumination shall be of the high efficiency type meeting provisions of the energy code. Addressing for Occupancy Group R- 3 shall be provided with internal illumination.

R319. 1. 2 Map Directory. A lighted directory site map shall be installed and maintained at each driveway entrance to multiple unit residential projects where the total number of units in the project exceeds fifteen ( 15).

SECTION 15. 14. 060 Section 115922( a) of APPENDIX AX, amended.

Section 115922 ( a) of Appendix AX, Swimming Pool Safety Act is hereby amended to read as follows, with all other provisions of Section 115922 remaining unchanged:
a) Except as provided in Section 115925, when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single- family home, the respective swimming pool or spa shall be equipped with item # 1 and at least one additional of the following seven drowning prevention features:

1. An enclosure that meets the requirements of Section 115923 and isolates the swimming pool or spa from the private single-family home. Any walls of the residential structure or accessory structures used to complete the isolation enclosure must have its door openings equipped with protection as required in 115922 ( a) # 4 or # 5. Any such door protection device provided for this purpose may not be used to comply with the second drowning prevention feature requirement."

2. Removable mesh fencing that meets American Society for Testing and Materials ( ASTM) Specifications F2286 standards in conjunction with a gate that is self -closing and self -latching and can accommodate a key lockable device.

3. An approved safety pool cover, as defined in subdivision ( d) of Section 115921.

4. Exit alarms on the private single- family home' s doors that provide direct access to the swimming pool or spa. The exit alarm may cause either an alarm noise or a verbal warning, such as a repeating notification that "the door to the pool is open."

5. A self -closing, self -latching device with a release mechanism placed no lower than 54 inches ( 1372 mm) above the floor on the private single-family home' s 14 -24-
doors providing direct access to the swimming pool or spa.

6. An alarm that, when placed in a swimming pool or spa will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be independently certified to the ASTM Standard F2208 " Standard Safety Certification of Residential Pool Alarms," which includes surface motion, pressure, sonar, laser and infrared type alarms. A swimming protection alarm feature designed for individual use, includes an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature.

Other means of protection, if the degree of protection afforded is equal to or greater that that afforded by any of the features set forth above and has been independently verified by an approved testing laboratory as meeting standards for those features established by the ASTM or the America Society of Mechanical Engineers (ASME)." Section 6. Code Amendment. Chapter 15. 16 (California Electric Code) of Title 15 ( Buildings and Construction) of the City of Highland Municipal Code is hereby amended in its entirety to read as follows:

Chapter 15. 16 California Electrical Code.

Sections:

15. 16. 010 Adoption of the California Electrical Code

15. 16. 020 Purpose
SECTION 15. 16.010 Adoption of the California Electrical Code.

The 2022 California Electrical Code ( Part 3 of Title 24 of the California Code of Regulations), including Article 89 as established by the National Fire Protection Association and published by the International Code Council, is adopted by reference.

One complete copy of the same is on file and is open for inspection by the public in the office of the City Clerk and designated as the electrical code for the City of Highland. The Building Official is hereby designated as the authority charged with the administration and enforcement of this code.

SECTION 15. 16. 020. Purpose.

The purpose of this code is to prescribe safe electrical regulations for the construction, repair, alteration, enlargement, equipment, maintenance, addition to, replacement, demolition, use and occupancy, and location in regards to electrical installations, equipment, modifications and systems."
Section 7. Code Amendment. Chapter 15. 20 ( California Plumbing Code) of Title 15 ( Buildings and Construction) of the City of Highland Municipal Code is hereby amended in its entirety to read as follows:
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Chapter 15. 20 California Plumbing Code.

Sections:

15. 20. 010 Adoption of the California Plumbing Code

15. 20. 020 Purpose
SECTION 15. 20. 010 Adoption of the California Plumbing Code.

The 2022 California Plumbing Code ( Part 5 of Title 24 of the California Code of Regulations) including Chapter 1, Division II " Administration" based on the 2021 Uniform Plumbing Code, as published by IAPMO, is hereby adopted. One complete copy of the same is on file and is open for inspection by the public in the office of the City Clerk and designated as the plumbing code for the City of Highland, the Building Official is hereby designated as the authority charged with the administration and enforcement of this code.

SECTION 15. 20. 020. Purpose.

The purpose of this code is to prescribe regulations for the construction, repair, alteration, enlargement, equipment, maintenance, addition to, replacement, demolition, maintenance, and relocation in regards to plumbing installations, equipment, modifications and systems."
Section 8. Code Amendment. Chapter 15. 24 ( California Mechanical Code) of Title 15 ( Buildings and Construction) of the City of Highland Municipal Code is hereby amended in its entirety to read as follows:

Chapter 15. 24 California Mechanical Code.

Sections:

15. 24. 010 Adoption of the California Mechanical Code

15. 24. 020 Purpose
SECTION 15. 24. 010 Adoption of the California Mechanical Code.

The 2022 California Mechanical Code ( Part 4 of Title 24 of the California Code of Regulations), including Chapter 1, Division II " Administration" based on the 2021 Uniform Mechanical Code, as published by IAPMO, is hereby adopted. One complete copy of the same is on file and is open for inspection by the public in the office of the City Clerk and designated as the mechanical code for the City of Highland, the Building Official is hereby designated authority charged with the administration and enforcement of this code.

SECTION 15. 24. 020. Purpose.

The purpose of these codes is to prescribe regulations for the construction, repair, alteration, enlargement, equipment, maintenance, addition to, replacement, demolition, maintenance, and relocation in regards to mechanical installations, modifications and systems."
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Section 9. Code Amendment. Chapter 15. 38 ( California Green Building Standards Code Code) of Title 15 ( Buildings and Construction) of the City of Highland Municipal Code is hereby amended in its entirety to read as follows:

Chapter 15. 38. California Green Building Standards Code.

Sections:

15. 38. 010 Adoption of the California Green Building Standards Code

15. 38. 020 Purpose
SECTION 15. 38.010 Adoption of the California Green Building Standards Code.

The 2022 California Green Building Standards Code ( Part 11 of Title 24 of the California Code of Regulations), also referred to as the CAL -Green Code, including Chapter 1, Division I I " Administration" as published by the International Code Council, is hereby adopted. One complete copy of the same is on file and is open for inspection by the public in the office of the City Clerk and designated as the green building code for the City of Highland. The Building Official is hereby designated as the authority charged with the administration and enforcement of this code.

SECTION 15. 38. 020. Purpose.

The purpose of these codes is to prescribe regulations for the design, operation and construction of new structures to reduce negative impact, create energy efficient structures, positive environmental conditions and encourage sustainable construction practices."
Section 10. California Environmental Quality Act (CEQA). The City Council has determined that the adoption of this Ordinance is exempt from the California Environmental Quality Act (" CEQA"). The adoption of this Ordinance is categorically exempt from environmental review pursuant to the California Environmental Quality Act Guidelines ( California Code of Regulations, Title 14, Chapter 3). It is further exempt in that it can be seen with certainty that there is no possibility that the adoption of this ordinance, and the regulations established thereby, may have a significant effect on the environment, and therefore exempt from California Environmental Quality Act review pursuant to Title 14, Section 15061( b)( 3) of the California Code of Regulations.

Section 11. Savings Clause. The repeal, of this ordinance, or of any other ordinance creating a criminal offense does not constitute a bar to the prosecution and punishment of any act already committed in violation of the law so repealed.

Section 12. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or 17 -27-
circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

Section 13. Certification and Publication. The City Clerk shall certify to the passage of this Ordinance and shall cause same to be published pursuant to state law within fifteen ( 15) days after its passage, and this ordinance shall become effective thirty 30) days after its passage.

PASSED, APPROVED, AND ADOPTED this 8t" day of November, 2022.

Larry McCallon
Mayor
ATTEST:

Betty Hughes, MMC
City Clerk
APPROVED AS TO FORM:

Maricela Marroquin
City Attorney
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STAFF REPORT

TO THE CITY COUNCIL
DATE: November 8, 2022
FROM: Joseph Hughes, City Manager
REVIEWED BY: Carlos Zamano, Public Works Director/City Engineer LZ PREPARED BY: Brian D. Wolfe, Senior Engineer, TKE Engineering, Inc.

SUBJECT: KOA Contract Amendment for Professional Services — City Creek/ Alabama Street Bikeway Project ( Project No. str17001)
RECOMMENDATION: It is recommended that the City Council:

1. Approve a contract amendment to the Professional Services Agreement with KOA Corporation (KOA) to extend the term of contract by one year and provide additional environmental and engineering services for the City Creek/ Alabama Street Bikeway Project; and

2. Authorize the City Manager to approve contract amendments up to 10% of the revised contract amount.

FISCAL IMPACT: On March 27, 2018, the City Council approved a professional services agreement with KOA in the amount of $ 574, 898 to provide environmental and engineering services for the City Creek/Alabama Street Bikeway Project. The fund sources of the original contract are as follows:

SBCTA TDA Article III Grant
City of Highland
City of San Bernardino
372, 000 (64.71 %)
201, 898 ( 35. 12%)
1, 000 ( 0. 17%)
Total $ 574, 898 ( 100%)
A 10% contingency in the amount of $57, 490 was also authorized by the City Council, to be used to cover any additional services if needed and requested by City staff during the course of the project.

Supplement No. 1, in the amount of $ 37, 123. 46, has been approved by staff under the 10% contingency previously authorized by City Council for processing of an Incidental Take Permit with Approved Motion Second
Denied Ayes
Continued Noes
Tabled Abstain
Absent
City Clerk City
Agenda Item No.

File No.
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California Department of Fish and Wildlife due to impacts to the San Bernardino kangaroo rat ( SBKR).

The additional cost for Supplement No. 1 was funded using Measure I Local Pass -through funds.

Supplement No. 2, in the amount of $ 18, 950. 00, has been approved by staff under the 10% contingency previously authorized by City Council to perform a focused survey for slender -horned spineflower and SBKR trapping. The additional cost for Supplement No. 2 was funded using Measure I Local Pass -through funds.

The proposed contract amendment will increase the fee for professional services by $ 161, 321. 00, fora total fee of $792, 292. 46, a 37. 8% increase. Funding source for the fee increase and 10% contingency, if necessary, is Measure I Local Pass -through funds.

PUBLIC NOTICE: Notices of Council Meeting agenda were posted at the three locations required by resolution. The Notice inviting bids was advertised in two newspapers and a number of trade papers.

BACKGROUND: This project will construct a multi -use trail along the west levee of City Creek from the Base Line bridge to Alabama Street, and along both sides of Alabama Street from 3rd Street to the south city limits. The project will construct bicycle and pedestrian improvements including pavement widening, pavement markings and striping, signage, curb ramps, a concrete bike path, an on -street bike lane, bike signals, in -roadway bicycle detection, signal pedestrian heads, enhanced crosswalks, and bikeway lighting.

Several challenges have arisen during project design requiring in additional services and effort by the engineer of record. Additional services include:

The current contract terminated on March 27, 2022. It is necessary to extend the term of the project by one year.

The Initial Study/ Mitigated Negative Declaration needs to be updated to reflect new project description in order to tie- in with the Base Line Bridge over City Creek project. This document will be presented to the Planning Commission for adoption at the November 15th meeting.

Additional subsurface investigation is needed at the Interstate 210 crossing. Investigation and testing results will provide new design recommendations that will be implemented into final construction documents.

The need for a retaining wall west of the trail crossing underneath Interstate 210 will initiate various design changes for the multi -use trail. This includes structural calculations and design.

Additional topography, mapping and design is needed at 5th Street and Church Avenue intersection. New driveways and sidewalk are proposed for both side of 5th Street, prompting the need for new survey data that will enable final design.

The project has been underway for several years and site visits will be conducted to determine any changes in existing conditions. This includes photographing and additional land surveying as needed. Also includes utility coordination to verify accuracy of utility documents to date.

KOA has not enacted rate increases as allowed per their original contract. This proposed contract amendment will enable 100% completion of environmental and design documents, and account for all necessary project management including meetings with city staff. -2-
Staff recommends approval of the contract amendment for additional professional services by KOA to complete environmental and design of this project.

Attachments: Vicinity Map
KOA Cost Proposal
-3-
LEGEND
3= Class 1 Bikeway
rr,rr Class 2 Bikeway
STR17001

CITY OF HIGHLAND
City Creek/ Alabama Street Bikeway

VICINITY MAP
August' 2017
-4-
3190 Shelby Street, Bldg C, Ontario, CA 91764
T: ( 909) 890- 9693 1 F: ( 909) 890- 9694 1 www. koacorp. com MONTEREY PARK ORANGE ONTARIO SAN DIEGO LA QUINTA CULVER CITY KsweA October 26, 2022
Mr. Carlos Zamano,
Public Works Director/ City Engineer
27215 Base Line
Highland, CA 92346
Subject: Proposal for Extension of Professional Services Agreement for Highland City Creek/ Alabama Street Bikeways Project
Dear Mr. Zamano:

KOA Corporation ( KOA) is pleased to provide this proposal to extend engineering services for the City Creek/ Alabama Street Bikeways Project with the City of Highland. The project is currently in process of Environmental clearance. Due to project delays and changes related to obtaining the Environmental permit, the City has requested a contract amendment to extend the agreement and include the added design changes. Specific project changes include the following:

Task 1 and 2: Extend the project term by one year. The KOA team will continue to meet with the City and will be responsible for maintaining contact with the City' s Project Manager to keep him/ her informed of the developments on the project. It is anticipated that additional meetings, reports, etc. will be needed for this project. The KOA team will work with the City staff to review and modify the preliminary alignment for the environmental assessment report.

Task 3: An Addendum to the IS/ MND prepared in August/ September 2022 will be prepared to update the analysis as needed to reflect the revised project. The Addendum will provide the new project description, including figures.

Task 4: KOA will coordinate with the City and agencies for changes to the alignment and design. The 1- 210 bikeway undercrossing design will require additional coordination with Caltrans District 8 encroachment permit. Changes include rate revisions.

Task 5: KOA will continue to coordinate with utility agencies, no additional hours will be required. Changes include rate revisions.

Task 6: KOA will need to verify changes and the plans will be updated accordingly. Underground and overhead utility information will be verified. No added fee is requested.

Task 7: The purpose of the geotechnical services will be to perform a subsurface investigation at the site and provide additional design recommendations for the geotechnical aspects of the proposed improvements. Additional boring is required for the 1- 210 undercrossing with laboratory testing on soil samples.

Task 8: Includes changes in internal rate revisions. The KOA team will prepare the Preliminary Flood plain/ Bridge Hydraulics and Scour Study, Location Hydraulic Study (LHS) and Summary Floodplain Encroachment Report ( SFER) and Preliminary On -site Hydrology Study in support of the Bikeway City Creek/ Alabama Street Project in the City of Highland. No added fee is requested.

City Creek/ Alabama Street Bikeway Page 1
City of Highland JC74076
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Task 9: The proposed trail alignment involves additional retaining walls adjacent to the north abutments of the SR- 210 City Creek Bridge ( Br. No. 54- 108 L/ R). One retaining wall, approximately 300 feet long, creates a bench for the trail along the channel slope, while the other retaining wall, approximately 150 feet long, meanders at the northeast corner of the abutments for an ADA ramp. In addition to the retaining walls, the regraded front earthen slope of the abutments will be protected by reinforced concrete slope paving to control erosion. We will reallocate existing budget to these tasks. No added fee is requested.

Task 11: The KOA team will continue to work with the City staff to review and modify the PS& E. Changes include rate revisions and additional hours required to complete the project.

No added fee is requested for Tasks 12 or 13 or Reimbursables.

Changes include additional project management time, design changes, environmental requirements and rate revisions.

SUPPLEMENT DETAIL

FEE ESTIMATE
KOA will perform the work specified in the scope above based on the fee schedule below.

Description including Previous SupplementsApproved
Budget
This Supplemental
Request
Total Revised
Budget
ect Management and
on$
47, 652. 73 24, 449. 00 72, 101. 73
iminary Alignment / FEnvironmental Assessment 47, 469. 03 2, 486. 00 49, 955. 03 Report / Preliminary Cost Estimate
Task 3: Environmental Document 160, 955. 92 22, 448. 00 183, 403. 92 Task 4: Agency Coordination and 16, 948. 25 3, 776. 00 20, 724. 25 Permitting
Task 5: Utility Research and Coordination 20, 302. 30 0. 00 20, 302. 30 Task 6: Data Review, Field Surveying, Base 46, 494. 94 0. 00 46, 494. 94 Mapping
Task 7: Geotechnical Design Report 13, 977. 34 6, 076. 00 20,053. 34 Task 8: Hydrology Study 35, 727. 93 0. 00 35, 727. 93
Task 9: Preliminary Structural Design 17, 408. 51 0. 00 17, 408. 51 City Creek/ Alabama Street Bikeway Page 2
City of Highland JC74076
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K A
Task 10: Right -of -Way Engineering 75, 997. 90 0. 00 75, 997. 90 Task 11: Prepare Interim and Final Plans,
Specifications and Estimate
120, 907. 53 102, 086. 00 222, 993. 53
Task 12: Caltrans and Federal Forms 6, 757. 70 0. 00 6, 757.70 Task 13: Engineering Support during
Bidding, Award & Construction Phase
18, 871. 38 0. 00 18, 871. 38
Reimbursable 1, 500. 00 0. 00 1, 500. 00
Total 630, 971. 46 161, 321. 00 792, 292. 46
The remaining project budget is currently $ 217, 764. 16. The total fee for this supplement request no. 3 is 161, 321. 00 which will increase the total budget from $630,971. 46 to $792, 292.00. The breakdown of the original budget, this supplement, and the revised budget are summarized in the Attachment A fee table.

Early approval of this supplement will help us to keep the project moving forward for timely completion.

Thank you for your consideration.

The budget is based upon the work scope and level of effort presented above and includes the cost of all related technical and administrative services. The work scope is considered complete upon submittal of a final document by KOA. Any additional services requested after study submittal will be considered as extra work and those fees will be negotiated prior to start of work and secured in writing.

If the work described within this letter is not authorized in 30 days, if changes occur in the work scope or level of effort, or if our work is suspended for more than 180 days due to any circumstances beyond KOA' s control, we reserve the right to revise the work scope, budget and schedule to reflect current conditions. Such revisions will be effected through mutually agreed upon amendments or modifications to this agreement.

The proposal is valid for 30 days and is subject to a 5% annual adjustment. Also, any individual tasks that are not authorized within 30 days of the date of this proposal are also subject to fee adjustments.

TERMS AND CONDITIONS
If any additional services and or change/ modifications to Consultant' s scope of services are proposed by Client, KOA shall, upon receipt of such written change or modification, determine the impact on both time and compensation and notify Client in writing. Upon agreement between Client and KOA as to the extent of said impacts to time and compensation, an amendment to this agreement shall be prepared describing such changes. Execution of the amendment by Client and Consultant shall constitute the Consultant' s notice to proceed with the changed scope.

STAFFING
I will be the project manager and the person to contact regarding the status of this project. KOA reserves the right to change the assigned staffing on this project if necessary.

City Creek/ Alabama Street Bikeway Page 3
City of Highland JC74076
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KPwo, AINVOICING
Invoices
will be submitted monthly, based upon our estimated percentage of completion. Accounts are past due after 30 days. All work will be immediately stopped if any invoice is unpaid for 60 days or more, and such delinquent invoice payments may be subject toa late payment penalty of1.5 percent per month and/ or turned over to a collections agency at our discretion. ATTORNEY' SFEES In
the event that legal action is necessary toenforce the payment terms of this agreement, KOA shall be entitled tocollect from the client any judgmentor settlement sums due plus reasonable attorney'sfees, court costs and other expenses incurred by KOA for such collection action and, in addition, the reasonable value ofthe KOA' stime and expenses spent for such collection action, computed according tothe KOA' s prevailing fee schedule and expense policies. TERMINATION
The
Client or KOA may terminate this agreement by giving the other party seven days written notice of such termination. KOA shall receive fee payments from the Client proportionate tothe services completed as of the date oftermination. The Client will be entitled toreceive deliverables atthe level of completion relative to the fee payments received by KOA. All outstanding valid invoices shall be paid to KOA.

The client shall within thirty (30) calendar days of termination pay KOA for all services rendered and all costs incurred up to the date of termination, in accordance with the compensation provisions ofthis contract.

CONSEQUENTIAL
DAMAGES Notwithstanding
any other provision of the Agreement, neither party shall be liable to the other for any consequential damages incurred due to the fault of the other party, regardless ofthe nature ofthis fault or whether it was committed by the Client or KOA, their employees, agents, subconsultants or subcontractors.

Consequential damages include, but are not limited to, loss of use and loss of profit. DISPUTE RESOLUTION Any
claim, dispute or other matter inquestion arising out of or related tothis Agreement shall be subject to mediation as a condition precedent toarbitration orthe institution oflegal or equitable proceedings by either party. The Client and KOA shall endeavor toresolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently ineffect. Request for mediation shall be filed in writing with the other party to this Agreement. The parties shall share the mediator' sfee and any filing fees equally. The mediation shall be held in the place where the project islocated, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable assettlement agreements inany court having jurisdiction thereof. LIMITATION OF LIABILITY In
recognition ofthe relative risks and benefits ofthe project toboth the Client and the Consultant, therisks have been allocated such that the Client agrees, tothe fullest extent permitted by law, to limit the liability of KOA to the Client and to all of Client' s other consultants, construction contractors andsubcontractors onthe project for any and all claims, losses, costs, damages of any nature whatsoever or City Creek/ Alabama Street Bikeway Page 4 City
of Highland JC74076
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K A
claims expenses from any cause or causes, so that the total aggregate liability of KOA to all those named shall not exceed $ 50, 000, KOA' s total fee for services rendered on this project, whichever is greater. Sucl claims and causes include, but are not limited to negligence, professional errors or omissions, strict liability, breach of contractor warranty.

INSURANCE
KOA is fully able to meet the insurance requirements of projects of this type. The firm has coverage in the following areas: Professional Liability ($ 1 million per claim, $ 2 million aggregate), Automobile Liability ($ 2 million) and General Liability ($5 million). Our Worker' s Compensation coverage meets the insurance requirements of California State law.

WORK SCHEDULE
KOA envisions a 20 month schedule from authorization, to the delivery of an initial report version to the client. Incorporation of comments can be accomplished within one to two business days.

KOA is not responsible for delays caused by factors beyond KOA' s reasonable control, including but not limited to delays because of strikes, lockouts, work slowdowns or stoppages, accidents, acts of God, failure of any governmental or other regulatory authority to act in a timely manner, failure of the Client to furnish timely information or approve or disapprove of the KOA' s services or work product promptly, or delays caused by faulty performance by the Client or by other consultants or contractors of any level. When such delays beyond KOA' s reasonable control occur, the Client agrees the KOA is not responsible for damages, nor shall KOA be deemed to be in default of this Agreement.

GOVERNING LAW
The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in the courts of that State.

AUTHORIZATION
The signature below and receipt of the required deposit indicates acceptance of this proposal and authorization to proceed.

Sincerely,
KOA Corporation
Chuck Stephan
Vice President
City Creek/ Alabama Street Bikeway Page 5
City of Highland JC74076
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KPmfAAUTHORIZATION
The
person signing and executing this contract for Client represents and warrants that he or she is duly authorized and has legal capacity and actual authority tobind the Client toeach and every term, condition and obligation of this Contract and that all requirements ofthe Client have been fulfilled to provide such actual authority. By signing below, Client agrees with the terms and conditions attached hereto and hereby made a part of this agreement. Signature
Name (
Please Print) Title (
Please Print) Date
Client
Purchase Order or Project Number City
Creek/ Alabama Street Bikeway Page 6 City
of Highland JC74076
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asE
-11-

STAFF REPORT

TO THE CITY COUNCIL
DATE: November 8, 2022
FROM: Joseph A. Hughes, City Manager
REVIEWED BY: Lawrence A. Mainez, Community Development Director Betty Hughes, City Clerk, MMC
PREPARED BY: Camille Goritz, Administrative Assistant III SUBJECT: Appoint three ( 3) Members of the Public to the Historic and Cultural Preservation Board.

RECOMMENDATION: Staff recommends the City Council appoint three ( 3) members of the public to the Historic and Cultural Preservation Board.

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

BACKGROUND: On August 9, 2022, the City Council declared one ( 1) seat vacant due to a resignation of a Board Member ( Colin Childs) and posted that vacancy in accordance with the Maddy Act and this term expires February 2025. On September 6, 2022, the City Council declared ( 2) seats vacant ( Pamela Bible and Gail Shelton) and posted that vacancy in accordance with the Maddy Act and both terms expire November 2022. Pursuant to Chapter 2. 20. 050 of the Highland Municipal Code, the Historic and Cultural Preservation Board shall consist of five members appointed by the City Council and shall serve without compensation. All members of the board shall have a demonstrated interest in or knowledge of historic preservation and the cultural resources of the city. Five ( 5) applications have been submitted for consideration. Therefore, it would be appropriate for the City Council to appoint three ( 3) individuals to the Historic and Cultural Preservation Board.

Attachments: 1. Public Service Applications

2. Attendance Record
4pproved Motion
Denied Ayes
ontinued Noes
Fabled Abstain
j]
Absent
i,,, L--
City Clerk
Second
City Man
Agenda Item No.

File No
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ATTACHMENT 1
Public Service Applications
-2-
Public Service Application
Pamela Beachtel Bible
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KC Y E®
OCT - 32022

CITY OF HIGHLAND

CITY CLERK

PUBLIC SERVICE APPLICATION
For Office Use Only:

Expires:

Appointees must be residents within the corporate city limits of the City of Highland, serve without compensation, submit a Statement of Economic Interests Form 700 and complete an ethics training course pursuant to AB 1234.

BOARD/ COMMISSION/ COMMITTEE YOU ARE APPLYING FOR:

Community Trails Committee ( see attached roles and responsibilities) 0 Historic and Cultural Preservation Board ( see attached roles and responsibilities) Planning Commission ( see attached roles and responsibilities) PERSONAL INFORMATION:

Name
Address:

Pamela Beachtel Bible
27263 Main Street, Highland, CA 92346
How long have you resided in Highland? 1968
Home phone: ( 909) 425- 9349 Cell phone: ( 909) 633- 3777 Work phone: ( 909) 864- 4040
Email address: pjbible48@gmail. com
Occupation/ Employer: self employed - Calif. Eviction Serv.

Employer address: 27141 E. Base Line # 9, Highland, CA 92346 Position held: owner
Available for meetings: Daytime Evenings [ Z Both
Public Service Application
September 2020

Page 1 of 5 ends
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