I1026- 0001\ 2773354v1doc -4-
3) Civil work to construct curbs, gutters, ADA ramps and sidewalks on both the north and south sides of Base Line;
4) Driveway work at each of the properties ( Developer' s property and the South Side Developments' shared driveway) to tie the drive approaches; 5) Removal of the existing banner poles on both sides of Base Line; 6) Median modifications, including a raised landscaped and hardscaped median and let turn pocket; and
7) Interconnect work between the traffic signals of Base Line/ Church Avenue and Base Line/ Seine Avenue.
b) The City has estimated that the cost for the design and construction of the Public Improvements will be approximately $ 1, 250, 772. 00. The City shall contribute 228, 772. 00 towards the cost to construct the median improvements. In no event shall the City' s cost to construct the median improvements exceed $ 250, 000. 00. The Developer and South Side Developments shall pay for the remainder of the costs of the Public Improvements as set forth in the Security Agreement, Assignments of Rents and Cooperative Agreement Between the City of Highland and Lumar Devco IV, LLC, MG Gasoline Inc., and YN Properties, LLC For the Design and Construction of a Traffic Signal and Other Public Improvements Along Base Line Between Buckeye Street and SR- 210 (" Cooperative Agreement").
Section 3. Cooperative Agreement.
a) The City' s obligations under the Cooperative Agreement would provide economic development assistance with public improvements subsidy and requires compliance with Government Code Section 53083.
b) Pursuant to Government Code Section 53803( b), before granting an economic development subsidy, a local agency shall provide public notice and a hearing regarding the economic development subsidy.
c) Pursuant to Government Code section 53803( a) before approving any economic development subsidy, a local agency shall provide all of the following information in written form available to the public, and through its Internet Web site, if applicable:
1) The name and address of all corporations or any other business entities, except for sole proprietorships, that are the beneficiary of the economic development subsidy, if applicable;
2) The start and end dates and schedule, if applicable, for the economic development subsidy;
3) A description of the economic development subsidy, including the estimated total amount ofthe expenditure ofpublic funds by, or ofrevenue lost to, the local agency as a result ofthe economic development subsidy;
1 1026- 0001 \ 27733. 54Q. doc -5-
4) A statement of the public purposes for the economic development subsidy;
5)
development subsidy; and
O1
Projected tax revenue to the local agency as a result ofthe economic Estimated number of jobs created by the economic development subsidy, broken down by full- time, part- time, and temporary positions.
Section 4. California Environmental Quality Act Findings. The City Council of the City of Highland makes the following environmental findings and determinations in connection with the approval of the Project:
a) On January 18, 2022, the City of Highland Planning Commission adopted a Mitigated Negative Declaration (" MND") for the Project. Pursuant to California Environmental Quality Act (" CEQA") ( Cal. Pub. Res. Code § 21000 et seq.) and Section 15162 of the State Guidelines (the " Guidelines") ( 14 Cal. Code Regs. § 15000 et seq.), staff considered the potential environmental impacts of the construction of the Public Improvements. Staff reviewed the MND for the Project that was approved by the Planning Commission on January 18, 2022, including the impacts and mitigation measures identified therein. Based on that review, staff determined that the design and construction of the Public Improvements is a component of the Project and was analyzed in the MND for the Project. The construction of the Public Improvements would not satisfy any of the conditions described in CEQA Guidelines Section 15162 that warrant preparation of a Supplemental or Subsequent MND. As such, the City Council has determined that no further environmental review is required.
b) The custodian of records of the MND, and all other materials that constitute the record of proceedings upon which the City Council determination is based, is the Community Development Department of the City of Highland. Those documents are available for public review in the Community Development Department located at 27215 Base Line, Highland, California 92346.
Section 5. Approval of Cooperative Agreement.
a) The Cooperative Agreement does not require the City to pay any funds to Developer as an economic development subsidy but only for the City to pay for certain public improvements for the Project.
b) The City Council finds and determines that performance of the City' s obligations under the Cooperative Agreement, in order to assist in the development of the public improvements for the Project, will promote the public health, safety, and welfare of the people in the City and will be of substantial economic benefit to the City based on the following:
1) The Project will generate new short term and long term quality employment opportunities within the City. The Project is located on property that is currently vacant. Developer is expected to employ approximately 60 persons in the construction of the Project. Developer expects the Project will generate long term employment for approximately 40 to 50 people after the Project is built out and fully leased.
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2) The Project will expand and enhance the City' s tax base through increased property values and consumer purchasing. The Project will generate new sales tax revenues in the annual amount of approximately $ 30, 000, and the City' s current share of property tax at $ 5, 600 will also increase after the development of the Project is complete to an annual contribution of approximately $ 18, 000 that will assist the City in funding public services for the residents and businesses within the City.
3) The Project preserves and enhances the job/housing balance described in the City' s General Plan.
4) The Project will develop new and expanded commercial and business opportunities within the City.
5) The Project will promote the stability and diversification of the City' s economy.
c) On February 14, 2023, the City Council held a duly noticed public hearing on the proposed terms of this Agreement and the economic development subsidy in accordance with the requirements of Government Code Section 53083. The information described in Government Code Section 53083( a) was posted on the City' s website at least ten days prior to the public hearing. The City provided notice of the public hearing in compliance with Government Code Section 53083( b).
d) The Cooperative Agreement is a contract within the meaning of Section 53511( a) ofthe California Government Code and therefore subject to a validation action pursuant to Section 860 of the California Code of Civil Procedure. e) The Mayor is hereby authorized to execute the Cooperative Agreement.
The City Manager is authorized to take action to effectuate the purposes of the Cooperative Agreement.
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Section 6. Certification. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Highland on this 14th day of February, 2023.
Larry McCallon, Mayor
ATTEST:
Betty Hughes, CMC, City Clerk
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RECORDING REQUESTED BY:
City of Highland, a municipal corporation
AND WHEN RECORDED RETURN TO:
City of Highland
Attention: Office ofthe City Clerk
27215 Base Line
Highland, California 92346
Exempt from filing fees pursuant to Government Code section 6103.
SPACE ABOVE FOR RECORDER' S USE ONLY]
Assessor' s Parcel Numbers 1200- 421- 02, 1200- 421- 03, and 1200- 051- 17
SECURITY AGREEMENT, ASSIGNMENT OF RENTS, AND COOPERATIVE
AGREEMENT BETWEEN THE CITY OF HIGHLAND AND LUMAR DEVCO
IV, LLC, MG GASOLINE INC., AND YN PROPERTIES, LLC FOR THE
DESIGN AND CONSTRUCTION OF A TRAFFIC SIGNAL AND OTHER
PUBLIC IMPROVEMENTS ALONG BASE LINE BETWEEN BUCKEYE
STREET AND SR- 210
THIS AGREEMENT is made and effective as of February 14, 2023 (" Effective Date") by and between the City of Highland, a municipal corporation (" City"), Lumar Devco IV, LLC, a California limited liability company, MG Gasoline Inc., a California corporation, and YN Properties, LLC, a California limited liability company. In consideration ofthe mutual covenants set forth in this Agreement, the parties hereto agree as follows:
1. Recitals. This Agreement is made with respect to the following facts and for the following purposes, which each of the parties acknowledge and agree to be true and correct:
A. Lumar Devco IV, LLC (" Developer") applied for a conditional use permit ( CUP 21- 001), lot line adjustment (LLA 21- 001), and design review (DRA 21- 001) ( collectively, " Land Use Entitlements") to construct two drive thru restaurants on the property located at the northeast corner of Buckeye Street and Base Line (" Project"). The Project will be located on vacant land identified as San Bernardino County Tax Assessor' s Parcel Number (" APN") 1200- 421- 02 and 1200- 421- 03 owned by Developer. Developer' s property is across the street from ( 1) the real property (APN 1200- 051- 16) owned by YN Properties, LLC that is improved with a Starbucks ( 27615 Base Line) and a Popeyes 27617 Base Line), and ( 2) the real property ( APN 1200- 051- 17) owned by MG Gasoline Inc. that is improved with a Chevron Gas Station/ Mini Mart/ Carwash/ Oil Change ( 27627 Base Line). YN Properties, LLC and MG Gasoline Inc. will be referred to collectively as the " South Side Developments".
B. On January 18, 2022, the Highland Planning Commission adopted Resolution No. 2022- 003 approving the Land Use Entitlements for the Project. The Project approval was conditioned on -9-
Developer constructing a traffic signal at the intersection of Base Line and the Project entrance aligned with the South Side Developments' driveway to the south, and other public improvements along Base Line including a median.
C. The Public Improvements, as defined in Section 2 below, are not identified as a Capital Improvement Project by the City. The City agreed to undertake the construction of the Public Improvements as set forth herein at the request ofthe Developer.
D. The South Side Developments will benefit from the installation of the traffic signal, median and other public improvements and have agreed to pay a portion of the cost of these improvements.
E. Developer and the City desire to coordinate the design and construction of the traffic signal and related public improvements in order to encourage the completion and successful operation of the Project that will provide substantial economic benefits to the City. The Agreement does not require the City to pay any funds to Developer as an economic development subsidy but only for the City to pay for certain public improvements for the Project.
F. The City Council finds and determines that performance of the City' s obligations under this Agreement, in order to assist in the development of the public improvements for the Project, will promote the public health, safety, and welfare of the people in the City and will be of substantial economic benefit to the City based on the following:
1) The Project will generate new short term and long term quality employment opportunities within the City. The Project is located on property that is currently vacant. Developer is expected to employ approximately 60 persons in the construction of the Project. Developer expects the Project will generate long term employment for approximately 40 to 50 people after the Project is built out and fully leased.
2) The Project will expand and enhance the City' s tax base through increased property values and consumer purchasing. The Project will generate new sales tax revenues in the annual amount of approximately $ 30, 000, and the City' s current share ofproperty tax at $ 5, 600 will also increase after the development of the Project is complete to an annual contribution of approximately 18, 000 that will assist the City in funding public services for the residents and businesses within the City.
3) The Project preserves and enhances the job/ housing balance described in the City' s General Plan.
4) The Project will develop new and expanded commercial and business opportunities within the City.
5) The Project will promote the stability and diversification of the City' s economy.
G. On February 14, 2023, the City Council held a duly noticed public hearing on the proposed terms of this Agreement and the economic development subsidy in accordance with the requirements of Government Code Section 53083. The information described in Government Code Section 53083 was posted on the City' s website at least ten calendar days prior to the public hearing.
M
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H. This Agreement is a contract within the meaning of Section 53511( a) of the California Government Code and therefore subject to a validation action pursuant to Section 860 ofthe California Code of Civil Procedure.
2. Construction of Certain Public Improvements on Base Line.
A. The Land Use Entitlements require the following public improvements to be constructed along Base Line (" Public Improvements"):
1) New traffic signal on Base Line at the Project entrance aligned with the South Side Development' s driveway;
2) Relocation of utilities that front Base Line; iffound to be in conflict with the proposed improvements;
3) Civil work to construct curbs, gutters, ADA ramps and sidewalks on both the north and south sides of Base Line;
4) Driveway work at each ofthe properties ( Developer' s property and the South Side Developments' shared driveway) to tie the drive approaches; 5) Removal of the existing banner poles on both sides of Base Line; 6) Median modifications, including a raised landscaped and hardscaped median and let turn pocket; and
7) Interconnect work between the traffic signals of Base Line/ Church Avenue and Base Line/ Seine Avenue.
The general location ofthe Public Improvements are more particularly shown on Attachment " A".
B. The City shall design the Public Improvements and prepare plans and specifications for construction of the Public Improvements.
C. The City shall construct in the Public Improvements in accordance with City Standards and the plans and specifications approved by the City Engineer.
D. Developer and South Side Developments acknowledge that because the City is undertaking the construction of the Public Improvements, the utility relocation costs will be borne by the utility companies unless the utilities are able to demonstrate prior rights. Notwithstanding the foregoing, the Public Improvement Cost ( as defined in Section 7 below), includes the estimated cost for utility relocation. If the utility relocation costs cause the costs to exceed the Public Improvement Cost as defined in Section 7 below), Developer shall within seven business days either ( 1) agree in writing to pay for any excess utility relocation costs, or ( 2) notify the parties that it is no longer proceeding with the construction ofthe Project and construction ofthe Public Improvements.
3. Bonds.
A. The contractor for the Public Improvements shall post a performance bond and labor and 3 -11-
improvements bond.
4. Maintenance of Public Improvements.
A. Developer shall pay for the maintenance, and electricity costs and expenses for the Public Improvements fronting on the Project, including, but not limited to, the median, and landscaping to the extent not maintained by the City, but specifically excluding the Public Improvements fronting the South Side Developments.
B. Developer and the South Side Developments shall pay for the maintenance and replacement of any improvements that are constructed by the City on their respective properties.
5. Findinms Concerning Inapplicability of Prevailing Wages.
A. Labor Code Section 1720( c)( 2) provides that:
Ifthe state or a political subdivision requires a private developer to perform construction, alteration, demolition, installation, or repair work on a public work of improvement as a condition of regulatory approval of an otherwise private development project, and the state or political subdivision contributes no more money, or the equivalent of money, to the overall project than is required to perform this public improvement work, and the state or political subdivision maintains no proprietary interest in the overall project, then only the public improvement work shall thereby become subject to this chapter."
B. The City finds and determines that:
1) The Land Use Entitlements for the Project require Developer to construct certain off -site public improvements for the Project on Base Line between Buckeye Street and SR-210; 2) The City has contributed no more money, or the equivalent of money, to the overall Project than is required to perform this public improvement work; and 3) The City will not obtain or maintain any proprietary interest in the overall Project.
C. Therefore, based on the above findings in Subparagraph B, the City and Developer have determined that:
1) Prevailing wages pursuant to Labor Code Section 1720 et. seq. shall be paid for the construction of the Public Improvements described in this Agreement; and 2) Prevailing wages are not required to be paid on the private improvements for the Project in accordance with to Labor Code Section 1720( c)( 2).
D. Developer hereby represents to City that it understands and acknowledges the relationship of the City' s obligation to design and construct the Public Improvements pursuant to this Agreement and the potential impact on the application of prevailing wages to development of the Project. Accordingly, Developer on behalf of itself and its successors in interest, hereby expressly and knowingly waive its respective rights under Labor Code Sections 1726 and 1781 to seek recovery against the City of any prevailing wage liabilities they may incur based upon this Agreement. 0 -12-
Developer hereby acknowledges that it has either consulted with legal counsel, or had an opportunity to consult with legal counsel, regarding the prevailing wage issues described herein and the provisions of the California Civil Code section 1542, which provides as follows: " A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." Developer hereby acknowledges that it may have claims which are presently unknown and unsuspected, and such claims in the future. Nevertheless, Developer hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waive any and all rights which they may have under California Civil Code Section 1542, or under any statute or common law or equitable principal of similar effect.
Developer' s authorized representatives initials:
6. Representations and Agreements Concerning Use of Project or a Portion of Project for a Motor Vehicle Use or a Big Box Retailer Use.
A. In accordance with the requirements of Government Code Section 53084, Developer hereby agrees on behalf of itself and its successors and assigns, that Developer is not a Vehicle Dealer or a Big Box Retailer that is Relocating from the territorial jurisdiction of one Local Agency to the territorial jurisdiction of the City but within the same Market Area. 1) As used in this section, " Vehicle Dealer" is defined in Government Code Section 53084 and means a retailer that is also a dealer as defined by Section 285 of the Vehicle Code. 2) As used in this section, " Big Box Retailer" is defined in Government Code Section 53084 and means a store of greater than 75, 000 square feet of gross buildable area that will generate sales or use tax pursuant to the Bradley -Burns Uniform Local Sales and Use Tax Law ( Part 1. 5 commencing with Section 7200) of Division 2 of the Revenue and Taxation Code). 3) As used in this Section " Local Agency" is defined in Government Code Section 53084 and means a chartered or general law city, a chartered or general law county, or a city and county. 4) As used in this Section " Market Area" is defined in Government Code Section 53084 and means a geographical area that is described in independent and recognized commercial trade literature, recognized and established business or manufacturing policies or practices, or publications of recognized independent research organizations as being an area that is large enough to support the location of the specific Vehicle Dealer that is relocating. With respect to a Vehicle Dealer, a " Market Area" shall not extend further than 40 miles, as measured by the most reasonable route on roads between two points, starting from the location from which the vehicle dealer is relocating and ending at the location to which the vehicle dealer is relocating.
5) As used in this Section " Relocating" is defined in Government Code Section 53084 and means the closing of a Vehicle Dealer in one location and the opening of a Vehicle Dealer in another location within a 365- day period when a person or business entity has an ownership interest in both the Vehicle Dealer that has closed or will close and the one that is opening. " Relocating" does not mean and shall not include the closing of a Vehicle Dealer because the Vehicle Dealer or Big Box Retailer has been will be acquired or has been or will be closed as a result of the use of eminent domain. 5 -13-
B. In accordance with the requirements of Government Code Section 53084. 5, Developer on behalf of itself and its successors and assigns warrants and represents to the City and agrees to the following:
1) This Agreement pertains to Developer' s obligations to construct Public Improvements for the Project. The economic development assistance to be provided by the City for the Public Improvements do not extend to the licensees or lessees ofthe Project. 2) This Agreement will not result, directly or indirectly, in the payment, transfer, diversion, or rebate of any tax revenue resulting from the imposition of a sales and use tax under the Bradley -Burns Uniform Local Sales and Use Tax Law ( Part 1. 5 ( commencing with Section 7200) of Division 2 of the Revenue and Taxation Code) to any person for any purpose.
7. Reimbursement. The City has estimated that the cost for the design and construction of the Public Improvements will be approximately $ 1, 250, 772. 00 (" Public Improvement Cost"). The City shall contribute $ 228, 772. 00 towards the cost to construct the median improvements. In no event shall the City' s cost to construct the median improvements exceed $ 250, 000. 00.
A. The City agrees to pay for the construction of the Public Improvements with reimbursement from the other parties to the Agreement in the amounts set forth below:
1. Developer $ 543, 000. 00 ( subject to credit by the City Engineer for itemized amounts already spent by Developer on
design, engineering and architectural fees and services on the Public Improvements. Any already incurred
costs that will be credited towards the Developer' s
costs shall be approved by the City Engineer).
2. MG Gasoline Inc. $ 464, 000. 00 ( Total capped contribution by this property owner)
3. YN Properties, LLC $ 15, 000. 00 ( Total capped contribution by this property owner)
4. The City $ 228, 772. 00 ( With a not to exceed amount of 25000.00)
B. Within thirty (30) calendar days ofthe Effective Date, Developer, MG Gasoline Inc., and YN Properties, LLC shall pay an initial deposit to the City to pay for the City' s soft costs ( civil engineering and landscape design, architectural project coordination, traffic signal engineering, traffic study and permit support and processing costs) for the Public Improvements in the following amounts:
1. Developer $ 88, 000. 00less
design costs
advanced by
Developer, as
approved by the City
Engineer.
0 -14-
2. MG Gasoline Inc. $ 5200. 00
3. YN Properties, LLC $ 1500.00
C. Developer shall pay to the City the remaining $ 455, 000 owed at the time of bid opening, but no later than the date that the City Council approves the award of the contract 455, 000. 00).
D. MG Gasoline Inc. shall have up to four years from the date that the construction of the Public Improvements begins to reimburse the City for remainder of its respective share of the Public Improvement Costs. After the initial deposit is made, MG Gasoline Inc. shall owe the City 412,000.00 plus interest at the LAIF rate. Sixteen quarterly payments ( which include interest at the then current LAIF rate), will be due on the following months after construction begins: March 1, June 1, September 1, and December 1. For example, if construction begins on the August 10, then the first quarterly payment would be due on September 1. The quarterly payment amounts will be in the amount of $25, 750, plus interest at the then current LAIF rate There shall be no prepayment penalty and MG Gasoline may prepay some or all of the remaining amounts due for its respective shares of the Public Improvement Cost at any time.
E. If Developer or MG Gasoline Inc. fail to make any payment to the City based the schedule set forth in Subsections C and D above, the full amount that is then owed by the delinquent party, plus any accrued interest, shall be due and payable to the City immediately upon notice to the delinquent party.
F. Developer and the South Side Developments acknowledge that the Public Improvement Cost is just an estimate. Ifthe cost to design and construct the Public Improvements exceed the Public Improvement Cost, the City shall not execute any construction contract for the Public Improvements, nor authorize any construction work on the Public Improvements to commence until the final Public Improvement Cost is approved in writing by Developer. After the City issues notice to Developer that it intends to award a contract that exceeds the Public Improvement Cost, Developer shall have fifteen calendar days to approve the final Public Improvement Cost. If the Public Improvement Cost is not approved by Developer with a commitment to pay any excess amount, the City shall not award the contract. Should the Project Improvements not be constructed on account that the costs exceed the Public Improvement Cost, Developer and the South Side Developments acknowledge that the deposit amounts paid to the City as set forth in Subsection B above are not reimbursable except to the extent these amounts have not already been spent by the City.
8. Security.
A. In fulfillment of Developer' s obligations hereunder and in order to secure the payments described herein, Developer hereby pledges to the City a security interest in and to: ( 1) Developer' s property identified as APN 1200- 421- 02 and 1200- 421- 03; and ( 2) all of the rents, issues, profits, royalties, revenues, income and other benefits ( collectively, the " Rents") derived from Developer' s property, whether now due, past due or to become due, and hereby gives to and confers upon the City, either directly or through a receiver, the right, power and authority, but not the obligation, to collect the Rents, and to sue, either in the name of Developer or the City, for all such Rents and to apply the same to the indebtedness secured hereby. Upon the occurrence of a default by Developer in any of its 7 -15-
payments set forth in Section 7 above, and with not less than 30 days prior written notice to Developer by City of its intent to enforce the City' s interest pursuant to this assignment of rents, Developer shall have no interest whatsoever in the Rents that are received by Developer after a default, and all such Rents shall be received and held by Developer in constructive trust for the City and delivered promptly to the City, or to a court -appointed receiver for Developer' s property. Upon the occurrence of such a default and at any time thereafter during the continuance thereof, the City may, at its option, send any tenant of Developer' s Property a notice to the effect that: ( a) a default has occurred; ( b) the City has elected to exercise its rights under this assignment; and ( c) such tenant is thereby directed to thereafter make all payments of Rents to or for the benefit of the City or as the City shall direct. Any such tenant shall be entitled to rely upon any notice from the City and shall be protected with respect to any payment of Rents made pursuant to such notice, irrespective of whether a dispute exists between Developer and the City with respect to the existence of a default or the rights of the City hereunder.
Any such tenant shall not be required to investigate or determine the validity or accuracy of such notice or the validity or enforceability of this assignment. Developer hereby agrees to indemnify, defend and hold any such tenant harmless from and against any and all losses, claims, damages or liabilities arising from or related to any payment of Rents by such tenant made in reliance on and pursuant to such notice.
In no event shall the City seek to collect any Rents unless there is a default by Developer in the payments identified in Section 7 which remains uncured after the 30 days' notice and opportunity to cure.
B. In fulfillment of its obligations hereunder and in order to secure its payments described herein, MG Gasoline Inc. hereby pledges to the City a security interest in and to: ( 1) MG Gasoline Inc.' s property identified as 27627 Base Line; ( 2) all Rents derived from MG Gasoline Inc.' s property, whether now due, past due or to become due, and hereby gives to and confers upon the City, either directly or through a receiver, the right, power and authority, but not the obligation, to collect the Rents, and to sue, either in the name of MG Gasoline Inc. or the City, for all such Rents and to apply the same to the indebtedness secured hereby. Upon the occurrence of a default by MG Gasoline Inc. in any of the payments set forth in Section 7 above, and without the necessity of demand or other notice to MG Gasoline Inc. or any other act to enforce the City' s interest pursuant to this assignment, MG Gasoline Inc. shall have no interest whatsoever in the Rents that are received by MG Gasoline Inc. after a default, and all such Rents shall be received and held by MG Gasoline Inc. in constructive trust for the City and delivered promptly to the City, or to a court -appointed receiver for MG Gasoline Inc.' s property, without the necessity for further notice to, or demand upon, MG Gasoline Inc. Upon the occurrence of such a default and at any time thereafter during the continuance thereof, the City may, at its option, send any tenant of MG Gasoline Inc.' s property a notice to the effect that: ( a) a default has occurred; ( b) the City has elected to exercise its rights under this assignment; and ( c) such tenant is thereby directed to thereafter make all payments of Rents to or for the benefit of the City or as the City shall direct. Any such tenant shall be entitled to rely upon any notice from the City and shall be protected with respect to any payment of Rents made pursuant to such notice, irrespective of whether a dispute exists between MG Gasoline Inc. and the City with respect to the existence of a default or the rights of the City hereunder. Any such tenant shall not be required to investigate or determine the validity or accuracy of such notice or the validity or enforceability of this assignment. MG Gasoline Inc. hereby agrees to indemnify, defend and hold any such tenant harmless from and against any and all losses, claims, damages or liabilities arising from or related to any payment of Rents by such tenant made in reliance on and pursuant to such notice.
9. Right of Entry.
F
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A. The City' s construction of the Public Improvements will require that the City modify Developer' s and YN Properties, LLC' s properties to perform the following work: potholing, traffic signal construction, utility relocation, decorative paving, curbs, gutters, sidewalk and ramp construction, drainage, landscaping, irrigation, parking lot lighting and other public and private roadway/ driveway improvements. The City will require access to approximately the first 45 feet of the frontage of Developer' s and 30 feet ofthe frontage of YN Properties, LLC' s properties (" Right -of -Entry Area") to perform this work.
B. Developer and YN Properties, LLC agree to grant to the City and the City has agreed to accept from Developer and YN Properties, LLC the temporary non- exclusive right to enter the Right -of - Entry Area in connection with the construction of the Public Improvements, subject to the terms and conditions set forth in Attachment " B."
C. MG Gasoline Inc., has reciprocal access rights to use the western most driveway along Base Line located on YN Properties, LLC' s property. MG Gasoline Inc. hereby consents to YN Properties LLC executing the Right of Entry included in Attachment " B." MG Gasoline Inc. hereby fully releases, acquits and discharges the City, its council members, officers, officials, employees, attorneys from any and all claims, actions, demands, liabilities or costs (" Claims") arising out of or related to the City' s entry and use of the western most driveway along Base Line in connection with the construction of the Public Improvements, including, without limitation, Claims for compensation, business goodwill and lost income (past or future), severance damages, economic or consequential damages, and other Claims of any kind and nature, by reason of City' s construction of the Public Improvements.
10. Tenant Consent.
A. MG Gasoline Inc. and YN Properties, LLC hereby expressly acknowledge that access to their properties will be impacted during the construction of the Public Improvements. Access will be maintained at all times to MG Gasoline Inc.' s property and YN Properties, LLC property through the eastern most driveway along Base Line. The construction activities will be limited to the western most driveway along Base Line, that is on property owned by YN Properties, LLC. The City shall ensure that the half the western most driveway is maintained open during normal business.
B. MG Gasoline Inc. hereby acknowledges that it has notified its tenants of the construction of the Public Improvements and that access to the MG Gasoline Inc. property will be impacted during the construction period. MG Gasoline Inc. hereby agrees to obtain signed copies of the Tenant Consent Form attached hereto as Attachment " C" from each and every tenant that occupies or has the right to possess any portion of the MG Gasoline Inc. property. To the fullest extent permitted by law, MG Gasoline Inc. will indemnify, defend and hold harmless the City, and its elected and appointed councilmembers, officials, officers, boards, commissions, consultants, agents, employees, and attorneys from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and expenses ( including, without limitation, reasonable attorneys' fees, expert witness fees, disbursements and court costs) of every kind and nature whatsoever brought by any tenant or occupant of any portion of the MG Gasoline Inc. property that may arise out of, result from, or in any matter be related (directly or indirectly) to the construction of the Public Improvements including, but not limited to, any claims for loss ofbusiness goodwill, rental or lease adjustments during the construction period, or compensation to the tenant. 9 -17-
C. YN Properties, LLC hereby acknowledges that it has notified its tenants of the construction of the Public Improvements and that access to the YN Properties, LLC property will be impacted during the construction period. YN Properties, LLC hereby agrees to obtain signed copies of the Tenant Consent Form attached hereto as Attachment " C" from each and every tenant that occupies or has the right to possess any portion of the YN Properties, LLC property. To the fullest extent permitted by law, YN Properties, LLC will indemnify, defend and hold harmless the City, and its elected and appointed councilmembers, officials, officers, boards, commissions, consultants, agents, employees, and attorneys from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and expenses ( including, without limitation, reasonable attorneys' fees, expert witness fees, disbursements and court costs) of every kind and nature whatsoever brought by any tenant or occupant of any portion of the YN Properties, LLC property that may arise out of, result from, or in any matter be related ( directly or indirectly) to the construction of the Public Improvements including, but not limited to, any claims for loss of business goodwill, rental or lease adjustments during the construction period, or compensation to the tenant.
11. Indemnification.
A. To the fullest extent permitted by law, Developer shall defend ( with counsel of City' s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage, expenses, penalties, liens, losses or injury of any kind, in law or equity, to property or persons, including wrongful death ( collectively, " Claims"), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to any acts, errors or omissions, or willful misconduct of Developer, its officials, officers, employees, or agents in connection with the performance of Developer' s obligations under this Agreement and the Land Use Entitlements, the Project, the validity of this Agreement and its terms, including without limitation the payment of all damages, expert witness fees and reasonable attorney' s fees and other related costs and expenses.
Developer' s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Developer, the City, its officials, officers, employees, agents, or volunteers, and damages shall expressly exclude punitive and consequential damages. The foregoing notwithstanding, Developer' s indemnity shall expressly exclude Claims arising from City' s acts, failure to act, breach or default, or negligence along with that of its employees, agents and contractors. To the fullest extent permitted by law, the South Side Developments shall defend ( with counsel of City' s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage, expenses, penalties, liens, losses or injury of any kind, in law or equity, to property or persons, including wrongful death ( collectively, Claims"), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to any acts, errors or omissions, or willful misconduct of the South Side Developments, their officials, officers, employees, or agents in connection with the performance of the their obligations under this Agreement, the validity of this Agreement and its terms, including without limitation the payment of all damages, expert witness fees and attorney' s fees and other related costs and expenses. The South Side Developments' obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the South Side Development, the City, its officials, officers, employees, agents, or volunteers.
B. The City will and will cause any contractor or subcontractor constructing the Public Improvements to procure or maintain a policy of commercial general liability insurance covering the 10 -18-
construction of the Public Improvements with a single limit of liability ( per occurrence and aggregate) of not less than $ 1, 000, 000. 00, and to deliver to Grantor a certificate of insurance and copy of additional insured endorsement naming Developer and Developer' s lender as named additional insured, evidencing that such insurance is in force and effect, and evidencing that Developer and Developer' s lender have been named as an additional insured thereunder with respect to the construction of the Public Improvements. .
12. Recordation. Developer and MG Gasoline, Inc. hereby expressly agree that this Agreement can be recorded against their respective properties.
13. Operating Memorandum. The parties acknowledge that changes may be appropriate with respect to the details and performance of the parties under this Agreement. The parties desire to retain a certain degree of flexibility with respect to the details of the administration of the terms of this Agreement. If and when the parties mutually find that nonsubstantive changes, adjustments, or clarifications are appropriate to further the intended purposes of this Agreement, and such are not materially inconsistent with the terms of this Agreement, they may, unless otherwise required by law, effectuate such changes, adjustments, or clarifications without amendment to this Agreement through one or more operating memoranda mutually approved by the City Manager, or designee, on behalf of the City and by any corporate officer, managing member, or other person designated for such purpose in a writing signed by a corporate officer or managing member on behalf of Developer and the South Side Developments, which Operating Memorandum, after execution, shall be attached hereto as addenda and become a part hereof. Any contribution by the City towards the Public Improvement Cost in excess of 250, 000. 00 shall require approval by the City Council.
14. General.
A. Notices. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service with return receipt or affidavit of delivery, ( ii) delivery by a reputable document delivery service, such as, but not limited to, FedEx, that provides a receipt showing date and time of delivery, or (ill) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address ofthe party as set forth below or at any other address as that party may later designate by a written notice provided in accordance with this Section. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.
To City: City ofHighland
27215 Base Line
Highland, California 92346
Attention: Joseph Hughes
With a copy to: Richards, Watson & Gershon
350 S. Grand Ave., 37`' Floor
Los Angeles, CA 90071
Attention: Maricela Marroquin
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To Developer:
To MG Gasoline Inc.:
To YN Properties, LLC:
Lumar Devco IV, LLC
c/ o Marinita Development Company
3835 Birch Street
Newport Beach, California 92660
Attention: J. Scott Fawcett
MG Gasoline, Inc.
2 Dos Rios
Irvine, CA 92602
Attention: Oncy Malty
20258 Hwy 18, Suite 430- 442
Apple Valley, CA 92307
Attention: Cindy Kim
B. Entire Agreement. This Agreement and the documents referenced herein contain the complete expression of the whole agreement between the parties with respect to the obligations set forth herein, and there are no promises, representations, agreements, warranties or inducements, either expressed verbally or implied, except as are fully set forth herein.
C. Amendment. No alteration, supplement, modification or amendment ofthis Agreement shall be binding unless executed in writing by all of the parties hereto.
D. Applicable Law/ Venue. This Agreement shall be deemed to have been entered into and shall, in all respects, be interpreted, construed, enforced and governed by and under the laws of the State of California. The venue of any legal action relating to this Agreement shall be in the Superior Court of California or U. S. District Court, as applicable, with jurisdiction over the County of San Bernardino.
E. Independent Advice of Legal Counsel. Each party acknowledges that it had the opportunity to retain independent legal counsel of its own choice to review this Agreement and that prior to the execution hereof each party has had the opportunity to review the terms of this Agreement with its counsel and/ or advisors and is entering into this Agreement after such review. Developer and the South Side Developments agree that they are not relying on any comments or statements, either oral, written or electronic, made by any elected or appointed officials, employees or agents of the City, except as expressly contained in this Agreement.
F. Validity of Agreement. All parties agree that this Agreement is legal, valid and binding on each party and enforceable in accordance with its terms.
G. Binding on Successors. Except as further provided in this paragraph, this Agreement shall be binding on and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors, assigns, executors and administrators.
H. Time. Time is of the essence of this Agreement.
I. Force Maj eure Delays. Nonperformance of any of the conditions or covenants herein by any party hereto shall be excused when performance is prevented or delayed by reason of any of the following forces reasonably beyond the control of such party: acts of God, strike, war, lockout, labor 12 -20-
trouble, reasonable inability to secure materials or labor, unreasonable delay by a governmental entity in the issuance of any required governmental permit, license or approval, act of nature (including but not limited to hurricane, epidemic or pandemic, earthquake, windstorm, flood, wildfire, or other severe weather or environmental condition) insurrection, riot, casualty, acts of public enemy, governmental restrictions, litigation initiated by a party other than a party hereto or its affiliate, unreasonable acts or failures to act of any governmental agency or entity or unreasonable delays of any contractor, subcontractor or supplier. In such event, nonperformance shall be excused and the time of performance shall be extended only by the number of days the performance is delayed or prevented. The party claiming an exemption under this paragraph for force majeure shall notify the other party as soon as practicable following the force majeure event. A party' s lack of financial ability to perform shall not be included as a force majeure delay.
J. Authority to Execute this Agreement. The person or persons executing this Agreement on behalf of a party warrant and represent that they have the authority to execute this Agreement on behalf of the party and has the authority to bind that party to the performance of its obligations hereunder.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.
CITY OF HIGHLAND,
a municipal corporation
Mayor
Attest:
Betty Hughes, CMC
City Clerk
Approved As to Form:
Maricela Marroquin
City Attorney
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LUMAR DEVCO IV, LLC,
a California limited liability company
By:
Michael Lundin, Managing Member
By:
J. Scott Fawcett, Managing Member
YN PROPERTIES, LLC,
a California limited liability company
By:
Cindy Kim, Property Owner Representative
By:
MG GASOLINE INC.
a California corporation
By:
Oncy Malty, Owner
By:
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ATTACHMENT " A"
LOCATION OF PUBLIC IMPROVEMENTS
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ATTACHMENT " B"
RIGHT OF ENTRY AND ACCESS AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS ALONG BASE LINE BETWEEN BUCKEYE AND SR- 210 Assessor' s Parcel Numbers 1200- 421- 02 and 1200- 421- 03)
THIS RIGHT OF ENTRY AND ACCESS AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS ALONG BASE LINE BETWEEN BUCKEYE AND SR- 210 ( Assessor' s Parcel Number 1200- 051- 16) (" Right of Entry") is made and entered into between City of Highland, a municipal corporation (" City") and Lumar Devco IV, LLC, a California limited liability company (" Grantor"), and is effective as of the date it is fully executed. The City and Grantor are referred to below collectively as the " Parties".
RECITALS
A. The City of Highland is a municipal corporation located in the County of San Bernardino, State of California.
B. Grantor is the record fee owner of the real properties identified as San Bernardino County Tax Assessor' s Parcel Numbers (" APNs") 1200-421- 02 and 1200- 421- 03 (" Subject Property").
C. Grantor applied for a conditional use permit ( CUP 21- 001), lot line adjustment LLA 21- 001), and design review ( DRA 21- 001) ( collectively, " Land Use Entitlements") to construct two drive thru restaurants (" Grantor' s Project") on the Subject Property. On January 18, 2022, the Highland Planning Commission adopted Resolution No. 2022- 003 approving the Land Use Entitlements for Grantor' s Project. Grantor' s Project approval was conditioned on Grantor constructing a traffic signal at the intersection of Base Line, and other public improvements along Base Line including a street median.
D. Grantor' s property is across the street from ( 1) the real property ( APN 1200- 051- 16) owned by YN Properties, LLC that is improved with a Starbucks ( 27615 Base Line) and a Popeyes ( 27617 Base Line), and ( 2) the real property (APN 1200- 051- 17) owned by MG Gasoline Inc. that is improved with a Chevron Gas Station/ Mini Mart/ Carwash/ Oil Change ( 27627 Base Line). YN Properties, LLC and MG Gasoline Inc. will be referred to collectively as the " South Side Developments".
E. Grantor and the City entered into a " Security Agreement, Assignment of Rents, and Cooperative Agreement between the City of Highland and Lumar Devco IV, LLC, MG Gasoline Inc., and YN Properties, LLC for the Design and Construction of Certain Public Improvements Along Base Line Between Buckeye Street and SR-210" dated February 14, 2023 (" Agreement").
Pursuant to the Agreement, the City agreed to construct the following " Public Improvements":
1) New traffic signal on Base Line at Grantor' s Project entrance aligned with the south side Development' s driveway;
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2) Relocation of utilities that front Base Line; iffound to be in conflict with the proposed improvements;
3) Civil work to construct curbs, gutters, ADA ramps and sidewalks on both the north and south sides ofBase Line;
4) Driveway work at each of the properties ( Developer' s property and the South Side Developments' shared driveway) to tie the drive approaches; 5) Remove the existing banner poles on both sides ofBase Line; 6) Median modifications, including a raised landscaped and hardscaped median and let turn pocket; and
7) Interconnect work between the traffic signals of Base Line/ Church Avenue and Base Line/ Seine Avenue.
F. The City' s construction of the Public Improvements will require that the City perform the following work on the Subject Property: grading to tie in the Subject Property to the right of way, and constructing curbs, gutters, sidewalk, a driveway, and removal of a street light.
The City needs to access to the first 45 feet of the Subject Property adjacent to Base Line (a roughly 3, 000 square foot portion of the Property) depicted on Exhibit " A" hereto to perform the above - referenced work (" Right -of -Entry Area").
G. Grantor agrees to grant to the City and the City has agreed to accept from Grantor the non- exclusive temporary license and right to enter the Right -of -Entry Area in connection with the Construction Activities described in Section 2 below, subject to the terms and conditions ofthis Right of Entry.
NOW, THEREFORE, for and in consideration ofthe above Recitals, the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency ofwhich are hereby acknowledged, Grantor and the City do hereby covenant and agree as follows:
l . Right -of -Entry Area and Access. Grantor hereby grants to the City, its contractors, representatives, consultants and other designees ( referred to below collectively as " City Designees") the right to enter the approximate 4, 560 square foot Right -of -Entry Area for a term of twelve months to complete the Construction Activities described in Section 2 below in connection with the construction of the Public Improvements.
2. Construction Activities on Subject Property. The Construction Activities in the Right -of -Entry Area include: ( 1) construction of curbs, gutters, and a driveway, (ii) removal of a streetlight, ( iii) grading to tie in the Subject Property to the existing grade of the right of way, and iv) possible utility relocation.
a. Grantor agrees and acknowledges that the above Construction Activities may include tests, surveys and work ofprofessional engineers, architects and soils experts and this Right of Entry authorizes any such work that is necessary to construct the above improvements. 2-
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b. In performing the above Construction Activities, the City Designees will replace with material of like kind and quality any improvements on the Subject Property that are replaced or damaged as a result of the construction of the Public Improvements. The City Designees will be responsible for returning the Right -of -Entry Area to as close as possible to the original condition, except for the Construction Activities discussed above that require any permanent changes to the original conditions. The City Designees will remove any and all trash and/ or debris placed within the Right -of -Entry Area by City Designees in connection with the exercise of their rights under this Right of Entry after the completion of the Construction Activities.
City Designees will keep clean and clear of trash and debris the areas adjacent to or on the Right - of -Entry Area. Work areas will be left clean and orderly at the end of each work day.
C. City Designees will perform the Construction Activities during regular business hours ( 7: 00 a.m. to 7: 00 p.m.) on Monday through Friday. Ifrequested by City Designees and approved by the City, work on Saturday shall be from 8: 00 a.m. to 5: 00 p.m. City Designees will not perform any construction work on Sundays or federal holidays. d. The Parties anticipate that the Construction Activities in the Right -of -Entry Area may occur during the same time period that Grantor is constructing Grantor' s Project on the Subject Property. The Parties agree to work cooperatively to coordinate access to the Subject Property and to minimize the impacts that each of their construction activities will have on each other' s respective projects. The City and City Designees will coordinate any construction in the Right -of -Entry Area, alternate access to the Subject Property, and applicable signage ( if any) with Grantor' s on -site representative J. Scott Fawcett at ( 949) 756- 8677. e. Grantor reserves the right to be present for observation during the Construction Activities described herein, provided Grantor adheres to standard construction area safety standards and provided that Grantor does not interfere with the work of City Designees.
3. Consideration for Right -of -Entry for Construction Activities. In consideration for Grantor' s grant to the City of the right to enter and access the Right -of -Entry Area to complete the Construction Activities, the City will construct the improvements identified as Construction Activities in Section 2 above. Grantor agrees and acknowledges that Grantor shall not receive consideration in connection with this Right of Entry or the entry by the City Designees in the Right -of -Entry Area to construct the Construction Activities in the Right -of -Entry Area in connection with the Public Improvements.
4. Term. The Commencement Date of this Right of Entry will be three business days after the date on which the City provides written notice to Grantor that it will commence the construction of the Construction Activities in the Right -of -Entry Area (" Commencement Date").
Accordingly, City Designees will have the right to access the Right -of -Entry Area three business days after the date on which the City provides written notice to Grantor of the commencement of the Construction Activities. City anticipates that it will complete the Construction Activities within twelve months ofthe Commencement Date ofthis Right of Entry. Accordingly, this Right of Entry will expire and terminate by its own terms upon ( i) the completion of the Construction Activities or (ii) twelve months after the Commencement Date, whichever occurs sooner. 3-
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5. Lien Waivers. City agrees to keep the Right -of -Entry Area free of any liens, including without limitation, any liens made by contractors, subcontractors, suppliers, engineers, architects and surveyors that arise out of the City' s use of the Right -of -Entry Area in connection with the construction ofthe Public Improvements. If any such lien is filed on any portions of the Right -of -Entry Area as a result of the City' s Construction Activities in connection with the Public Improvements, the City will, at its sole cost and expense, have the lien released and discharged of record in a manner satisfactory to Grantor within thirty days of receiving notice of the lien. If the City fails to remove the lien within such 30- day period, Grantor will have the right to remove the lien, and the City, upon demand, will reimburse Grantor for the amount of the lien along with all reasonable costs and expenses incurred by Grantor in connection with such removal. Upon receipt of a written request from Grantor, the City will provide Grantor with lien waivers following completion ofthe Construction Activities, in form and substance reasonably satisfactory to Grantor and Grantor' s counsel ( if any), from each and every contractor, subcontractor, supplier, engineer, architect and surveyor who might have lien rights against any portion of the Subject Property for work performed or commenced in connection with the Construction Activities. To the extent permitted by applicable law, the City hereby indemnifies Grantor and the Subject Property from and against any claims or demands for payment, or any liens or lien claims made against Grantor on any portion of the Subject Property as a result of the City' s Construction Activities pursuant to this Right of Entry.
6. Insurance. Prior to entry onto the Right -of -Entry Area in connection with the Public Improvements, the City will, and will cause all of the City Designees performing the Construction Activities to, procure or maintain a policy of commercial general liability insurance covering the Construction Activities with a single limit of liability (per occurrence and aggregate) of not less than $ 1, 000, 000. 00, and to deliver to Grantor a certificate of insurance and copy of additional insured endorsement naming Grantor and Grantor' s lender as named additional insureds, evidencing that such insurance is in force and effect, and evidencing that Grantor and Grantor' s lender has been named as an additional insured thereunder with respect to the Construction Activities. Such insurance will be maintained in force throughout the term ofthis Right of Entry.
7. Agreement of Grantor to Indemnify City. Grantor covenants and agrees that no other party has a right or interest to the Right -of -Entry Area, and that no other party has a right to compensation in connection with such entry and access as provided pursuant to this Right ofEntry.
Accordingly, to the fullest extent permitted by law, Grantor will indemnify, defend and hold harmless City, and its elected and appointed councilmembers, officials, officers, boards, commissions, consultants, agents, employees, and attorneys from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and expenses ( including, without limitation, reasonable attorneys' fees, expert witness fees, disbursements and court costs) of every kind and nature whatsoever brought by any party that claims an interest or right to possession of any portion of the Right -of -Entry Area.
8. Notices. All notices and demands will be given in writing by certified or registered mail, postage prepaid, and return receipt requested, or by overnight carrier. Notices will be considered given upon the earlier of (a) two business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or ( b) one business day following deposit with an overnight carrier service. The parties will address such notices as provided below or as may be amended by written notice:
M
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GRANTEE: City of Highland
27215 Base Line
Highland, California 92346
Attention: Joseph Hughes
COPY TO: Richards, Watson & Gershon
Attention: Maricela Marroquin, City Attorney
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
GRANTOR: Lumar Devco, IV, LLC
c/ o Marinita Development Company
3836 Birch Street
Newport Beach, California 92660
Attention: J. Scott Fawcett
9. Miscellaneous.
a. Amendments. Any amendments to this Right ofEntry will be effective only when duly executed by Grantor and City.
b. Applicable Law. This Right of Entry will be construed and interpreted under, and governed and enforced according to the laws of the State of California.
C. Entire Agreement. This Right ofEntry supersedes any prior agreement, oral or written, and contains the entire agreement between Grantor and City on the subject matter of the Right ofEntry. This Right ofEntry does not supersede the Agreement. Ifthere is any conflict between the Agreement and Right of Entry with respect to the City' s right to entry on to Grantor' s Property, this Right of Entry shall control. No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or representative of either party, will be of any effect unless it is in writing and executed by the party to be bound thereby.
No person is authorized to make, and by execution hereof Grantor and City acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no such agreement, statement, representation or promise that is not contained herein will be valid or binding on Grantor and City.
d. Successors and Assigns. This Right of Entry will be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the Parties hereto. e. Time ofEssence. The Parties acknowledge that time is of the essence in this Right of Entry.
f. Counterparts and Facsimile and Electronic Signatures. This Right of Entry may be executed simultaneously in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. For purposes of this Right of Entry, facsimile and electronic signatures will be deemed to be original signatures. 5-
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g. Remedies Not Exclusive and Waivers. No remedy conferred by any of the specific provisions of this Right of Entry is intended to be exclusive of any other remedy and each and every remedy will be cumulative and will be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies will not constitute a waiver ofthe right to pursue other available remedies. h. Authority to Bind Parties and Execute Agreement. Grantor and the City represent and warrant to one another that this Right of Entry constitutes a binding obligation on each of them and that the person executing this Right of Entry is authorized to execute the Right of Entry on behalf of the respective party and to bind it. i. Amendment or Modification. This Right of Entry may be modified or amended only by a writing executed by all Parties to this Right of Entry. j. Governing Law. This Right of Entry is deemed to have been prepared by each of the Parties hereto, and any uncertainty or ambiguity herein will not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, will be interpreted according to the applicable rules of interpretation of contracts under the laws of the State of California, and not the substantive law of another state or the United States or federal common law. This Right of Entry will be deemed to have been executed and delivered within the State of California, and the rights and obligations of the Parties will be governed by, and construed and enforced in accordance with, the laws of the State of California.
k. Interpretation and Construction. Each party has reviewed this Right of Entry and each has had the opportunity to have its respective counsel and real estate advisors review and revise this Right of Entry and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in the interpretation of this Right of Entry or any amendments or exhibits thereto. In this Right ofEntry the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words " person" and party" include corporation, partnership, firm, trust, or association wherever the context so requires. The Recitals and captions of the Sections and Subsections of this Right of Entry are for convenience and reference only, and the words contained therein will in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning ofthe provisions ofthis Right of Entry.
1. Severability. If any part, term or provision of this Right of Entry is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the parties will be construed and enforced as ifthis Right of Entry did not contain the particular part, term or provision held to be invalid.
in. Successors -in -Interest and Assigns. This Right of Entry will be binding upon and will inure to the benefit of the successors -in -interest and assigns of the Parties hereto, and each of them.
n. Exhibits. The exhibits attached hereto are incorporated in this Right of Entry by reference herein.
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SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, this Right of Entry is effective as ofthe date it is fully executed by the parties.
GRANTOR
LUMAR DEVCO IV, a California
limited liability company
Dated:
By:
Title:
By:
Title:
GRANTEE/ CITY
CITY OF HIGHLAND, a municipal
corporation
Dated:
0 ATTEST:
Betty Hughes, City Clerk
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ATTACHMENT " B"
RIGHT OF ENTRY AND ACCESS AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS ALONG BASE LINE BETWEEN BUCKEYE AND SR- 210 Assessor' s Parcel Number 1200- 051- 16)
THIS RIGHT OF ENTRY AND ACCESS AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS ALONG BASE LINE BETWEEN BUCKEYE AND SR- 210 ( Assessor' s Parcel Number 1200- 051- 16) (" Right of Entry") is made and entered into between City of Highland, a municipal corporation (" City") and YN Properties LLC, a California limited liability company (" Grantor"), and is effective as of the date it is fully executed. The City and Grantor are referred to below collectively as the " Parties".
RECITALS
A. The City of Highland is a municipal corporation located in the County of San Bernardino, State of California.
B. Grantor is the record fee owner of the real property identified as San Bernardino County Tax Assessor' s Parcel Number (" APN") 1200- 051- 16 (" Subject Property").
C. Lumar Devco IV, LLC (" Developer") applied for a conditional use permit ( CUP 21- 001), lot line adjustment (LLA 21- 001), and design review (DRA 21 -00 1) ( collectively, " Land Use Entitlements") to construct two drive thru restaurants (" Developer' s Project") on the Subject Property. On January 18, 2022, the Highland Planning Commission adopted Resolution No. 2022- 003 approving the Land Use Entitlements for Developer' s Project. The Developer' s Project approval was conditioned on Developer constructing a traffic signal at the intersection of Base Line, and other public improvements along Base Line including a median.
D. Developer' s property is across the street from ( 1) the real property (APN 1200- 051- 16) owned by YN Properties, LLC that is improved with a Starbucks ( 27615 Base Line) and a Popeyes ( 27617 Base Line), and ( 2) the real property (APN 1200- 051- 17) owned by MG Gasoline Inc. that is improved with a Chevron Gas Station/ Mini Mart/ Carwash/ Oil Change ( 27627 Base Line). YN Properties, LLC and MG Gasoline Inc. will be referred to collectively as the " South Side Developments".
E. Grantor and the City entered into a " Security Agreement, Assignment of Rents, and Cooperative Agreement between the City of Highland and Lumar Devco IV, LLC, MG Gasoline Inc., and YN Properties, LLC for the Design and Construction of Certain Public Improvements Along Base Line Between Buckeye Street and SR-210" dated February 14, 2023 (" Agreement").
Pursuant to the Agreement, the City agreed to construct the following " Public Improvements":
1) New traffic signal on Base Line at Developer' s Project entrance aligned with the south side Development' s driveway;
2) Relocation of utilities that front Base Line; iffound to be in conflict with the proposed improvements;
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3) Civil work to construct curbs, gutters, ADA ramps and sidewalks on both the north and south sides of Base Line;
4) Driveway work at each of the properties ( Developer' s property and the South Side Developments' shared driveway) to tie the drive approaches; 5) Remove the existing banner poles on both sides of Base Line; 6) Median modifications, including a raised landscaped and hardscaped median and let turn pocket; and
7) Interconnect work between the traffic signals of Base Line/ Church Avenue and Base Line/ Seine Avenue.
F. The City' s construction of the Public Improvements will require that the City perform the following work on the Subject Property: grading, landscaping, irrigation, curbs, sidewalk, decorative paving, drainage, parking lot lighting and tie in into new drive approach. The City needs to access to the first 30 feet of the Subject Property adjacent to Base Line ( a roughly 3, 000 square foot portion of the Property) depicted on Exhibit " A" hereto to perform the above - referenced work (" Right -of -Entry Area").
G. Grantor agrees to grant to the City and the City has agreed to accept from Grantor the non- exclusive right to enter the Right -of -Entry Area in connection with the Construction Activities described in Section 2 below, subject to the terms and conditions of this Right of Entry.
NOW, THEREFORE, for and in consideration ofthe above Recitals, the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency ofwhich are hereby acknowledged, Grantor and the City do hereby covenant and agree as follows:
l . Right -of -Entry Area and Access. Grantor hereby grants to the City, its contractors, representatives, consultants and other designees ( referred to below collectively as " City Designees") the right to enter the approximate 3, 000 square foot Right -of -Entry Area for a term of twelve months to complete the Construction Activities described in Section 2 below in connection with the construction of the Public Improvements.
2. Construction Activities on Subject Property. The Construction Activities in the Right -of -Entry Area include: reconstructing the driveway and sidewalk, landscape modifications including modifications to the irrigation system, and drainage improvements. Construction Activities may involve utility relocation and the relocation of a parking light. The proposed improvements intend to revise the grade of the driveway to provide a smoother transition into the parking lot.
a. Grantor agrees and acknowledges that the above Construction Activities may include tests, surveys and work of professional engineers, architects and soils experts and this Right of Entry authorizes any such work that is necessary to construct the above improvements.
IVA
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b. In performing the above Construction Activities, the City Designees will replace with material of like kind and quality any improvements on the Subject Property that are replaced or damaged as a result of the construction of the Public Improvements, including but not limited to asphalt, sidewalk improvements, landscaping, and irrigation improvements. The City Designees will be responsible for returning the Right -of -Entry Area to as close as possible to the original condition, except for the Construction Activities discussed above that require any permanent changes to the original conditions. The City Designees will remove any and all trash and/or debris placed within the Right -of -Entry Area by City Designees in connection with the exercise of their rights under this Right of Entry after the completion of the Construction Activities.
City Designees will keep clean and clear of trash and debris the areas adjacent to or on the Right - of -Entry Area. Work areas will be left clean and orderly at the end of each work day.
C. City Designees will perform the Construction Activities during regular business hours ( 7: 00 a.m. to 7: 00 p.m.) on Monday through Friday. Ifrequested by City Designees and approved by the City, work on Saturday shall be from 8: 00 a.m. to 5: 00 p. m. City Designees will not perform any construction work on Sundays or federal holidays. The City anticipates that the reconstruction of the driveway on the Subject Property may result in the closure of half of the driveway in the Right -of -Entry Area for up to twelve hours at a time. City Designees will ensure that access to the Subject Property is maintained at all times via half the driveway. In addition, the City will not be conducting any construction on the MG Gasoline Inc. driveway that also provides access to the Subject Property. The City and City Designees will coordinate any partial closure of the driveway in the Right -of -Entry Area, alternate access to the Subject Property, and applicable signage ( if any) with Grantor' s on -site representative Cindy Kim at ( 213) 276- 7598. d. Grantor reserves the right to be present for observation during the Construction Activities described herein, provided Grantor adheres to standard construction area safety standards and provided that Grantor does not interfere with the work of City Designees.
3. Consideration for Right -of -Entry for Construction Activities. In consideration for Grantor' s grant to the City of the right to enter and access the Right -of -Entry Area to complete the Construction Activities, the City will construct the improvements identified as Construction Activities in Section 2 above. Grantor agrees and acknowledges that Grantor shall not receive consideration in connection with this Right of Entry or the entry by the City Designees in the Right -of -Entry Area to construct the Construction Activities in the Right -of -Entry Area in connection with the Public Improvements.
4. Term. The Commencement Date of this Right of Entry will be forty-eight hours after the date on which the City provides written notice to Grantor that it will commence the construction of the Construction Activities in the Right -of -Entry Area (" Commencement Date").
Accordingly, City Designees will have the right to access the Right -of -Entry Area forty- eight hours after the date on which the City provides written notice to Grantor of the commencement of the Construction Activities. City anticipates that it will complete the Construction Activities within twelve months ofthe Commencement Date ofthis Right of Entry. Accordingly, this Right of Entry will expire and terminate by its own terms upon (i) the completion of the Construction Activities or ( ii) twelve months after the Commencement Date, whichever occurs sooner. 3-
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5. Lien Waivers. City agrees to keep the Right -of -Entry Area free of any liens, including without limitation, any liens made by contractors, subcontractors, suppliers, engineers, architects and surveyors that arise out of the City' s use of the Right -of -Entry Area in connection with the construction of the Public Improvements. If any such lien is filed on any portions of the Right -of -Entry Area as a result of the City' s Construction Activities in connection with the Public Improvements, the City will, at its sole cost and expense, have the lien released and discharged of record in a manner satisfactory to Grantor within thirty days of receiving notice of the lien. Ifthe City fails to remove the lien within such 30- day period, Grantor will have the right to remove the lien, and the City, upon demand, will reimburse Grantor for all reasonable costs and expenses incurred by Grantor in connection with such removal. Upon receipt of a written request from Grantor, the City will provide Grantor with lien waivers following completion of the Construction Activities, in form and substance reasonably satisfactory to Grantor and Grantor' s counsel ( if any), from each and every contractor, subcontractor, supplier, engineer, architect and surveyor who might have lien rights against any portion of the Subject Property for work performed or commenced in connection with the Construction Activities. To the extent permitted by applicable law, the City hereby indemnifies Grantor from and against any claims or demands for payment, or any liens or lien claims made against Grantor on any portion of the Subject Property as a result of the City' s Construction Activities pursuant to this Right of Entry.
6. Insurance. Prior to entry onto the Right -of -Entry Area in connection with the Public Improvements, the City will, and will cause all of the City Designees performing the Construction Activities to, procure or maintain a policy of commercial general liability insurance covering the Construction Activities with a single limit of liability (per occurrence and aggregate) of not less than $ 1, 000, 000. 00, and to deliver to Grantor a certificate of insurance and copy of additional insured endorsement naming Grantor as named additional insured, evidencing that such insurance is in force and effect, and evidencing that Grantor has been named as an additional insured thereunder with respect to the Construction Activities. Such insurance will be maintained in force throughout the term ofthis Right of Entry
7. Agreement of Grantor to Indemnify City. Grantor covenants and agrees that no other party has a right or interest to the Right -of -Entry Area, and that no other party has a right to compensation in connection with such entry and access as provided pursuant to this Right ofEntry.
Accordingly, to the fullest extent permitted by law, Grantor will indemnify, defend and hold harmless City, and its elected and appointed councilmembers, officials, officers, boards, commissions, consultants, agents, employees, and attorneys from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and expenses ( including, without limitation, reasonable attorneys' fees, expert witness fees, disbursements and court costs) of every kind and nature whatsoever brought by any party that claims an interest or right to possession of any portion of the Right -of -Entry Area.
8. Notices. All notices and demands will be given in writing by certified or registered mail, postage prepaid, and return receipt requested, or by overnight carrier. Notices will be considered given upon the earlier of (a) two business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or ( b) one business day following deposit with an overnight carrier service. The parties will address such notices as provided below or as may be amended by written notice:
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GRANTEE: City of Highland
27215 Base Line
Highland, California 92346
Attention: Joseph Hughes
COPY TO: Richards, Watson & Gershon
Attention: Maricela Marroquin, City Attorney
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
GRANTOR: YN Properties, LLC
20258 Hwy 18, Suite 430- 442
Apple Valley, CA 92307
Attention: Cindy Kim
9. Miscellaneous.
a. Amendments. Any amendments to this Right of Entry will be effective only when duly executed by Grantor and City.
b. Applicable Law. This Right of Entry will be construed and interpreted under, and governed and enforced according to the laws of the State of California.
C. Entire Agreement. This Right of Entry supersedes any prior agreement, oral or written, and contains the entire agreement between Grantor and City on the subject matter of the Right of Entry. This Right of Entry does not supersede the Agreement. Ifthere is any conflict between the Agreement and Right of Entry with respect to the City' s right to entry on to Grantor' s Property, this Right of Entry shall control. No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or representative of either party, will be of any effect unless it is in writing and executed by the party to be bound thereby.
No person is authorized to make, and by execution hereof Grantor and City acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no such agreement, statement, representation or promise that is not contained herein will be valid or binding on Grantor and City.
d. Successors and Assigns. This Right of Entry will be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the Parties hereto. e. Time ofEssence. The Parties acknowledge that time is of the essence in this Right of Entry.
f. Counterparts and Facsimile and Electronic Signatures. This Right of Entry may be executed simultaneously in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. For purposes of this Right of Entry, facsimile and electronic signatures will be deemed to be original signatures. g. Remedies Not Exclusive and Waivers. No remedy conferred by any of the specific provisions ofthis Right ofEntry is intended to be exclusive of any other remedy and each 5-
-40-
and every remedy will be cumulative and will be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies will not constitute a waiver of the right to pursue other available remedies. h. Authority to Bind Parties and Execute Agreement. Grantor and the City represent and warrant to one another that this Right of Entry constitutes a binding obligation on each of them and that the person executing this Right of Entry is authorized to execute the Right of Entry on behalf of the respective party and to bind it. i. Amendment or Modification. This Right of Entry may be modified or amended only by a writing executed by all Parties to this Right of Entry. j. Governing Law. This Right of Entry is deemed to have been prepared by each of the Parties hereto, and any uncertainty or ambiguity herein will not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, will be interpreted according to the applicable rules of interpretation of contracts under the laws ofthe State of California, and not the substantive law of another state or the United States or federal common law. This Right of Entry will be deemed to have been executed and delivered within the State of California, and the rights and obligations of the Parties will be governed by, and construed and enforced in accordance with, the laws of the State of California.
k. Interpretation and Construction. Each party has reviewed this Right of Entry and each has had the opportunity to have its respective counsel and real estate advisors review and revise this Right of Entry and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in the interpretation of this Right of Entry or any amendments or exhibits thereto. In this Right of Entry the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words " person" and party" include corporation, partnership, firm, trust, or association wherever the context so requires. The Recitals and captions of the Sections and Subsections of this Right of Entry are for convenience and reference only, and the words contained therein will in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions ofthis Right of Entry.
1. Severability. If any part, term or provision of this Right of Entry is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the parties will be construed and enforced as ifthis Right of Entry did not contain the particular part, term or provision held to be invalid.
in. Successors -in -Interest and Assigns. This Right of Entry will be binding upon and will inure to the benefit of the successors - in -interest and assigns of the Parties hereto, and each of them.
n. Exhibits. The exhibits attached hereto are incorporated in this Right of Entry by reference herein.
IN
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SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, this Right of Entry is effective as ofthe date it is fully executed by the parties.
GRANTOR
YN PROPERTIES, LLC, a California
limited liability company
Dated:
By:
Title:
By:
Title:
GRANTEE/ CITY
CITY OF HIGHLAND, a municipal
corporation
Dated:
0 ATTEST:
Betty Hughes, City Clerk
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ATTACHMENT " C"
Tenant Consent, Waiver and General Release
APN 1200- 051- 16 - Starbucks)
1. (" Tenant") occupies the real property commonly
known as 27615 Base Line, Highland, California, and identified as San Bernardino County Assessor' s Parcel Number 1200- 051- 16 (" Property").
2. Tenant leases the Property from YN Properties, LLC (" Owner"). Owner is the record fee owner ofthe Property.
3. Owner has informed Tenant that Owner has authorized the City of Highland City") to enter and use the approximately first 30 feet of the Property adjacent to Base Line (a roughly 3, 000 square foot portion of the Property) pursuant to that certain Right of Entry attached as Exhibit " 1" to facilitate the City' s construction of a traffic signal and related improvements along Base Line (" Project"). The Right of Entry Area is roughly depicted on Exhibit " A" to the attached to the Right of Entry.
4. Tenant, for itself and for its agents, successors and assigns, consents to Owner' s grant to the City of the right to enter and use the Right of Entry Area and hereby disclaims any rights, title, or interest in and to the Right of Entry Area, and fully releases, acquits and discharges the City, its council members, officers, officials, employees, attorneys from any and all claims, actions, demands, liabilities or costs (" Claims") arising out of or related to the City' s entry and use of the Right of Entry Area pursuant to the Right of Entry in connection with the construction of the Project, including, without limitation, Claims for compensation, business goodwill and lost income ( past or future), severance damages, economic or consequential damages, and other Claims of any kind and nature, claimed by Tenant, its agents, successors, and/ or assigns, by reason of City' s use of the Right of Entry Area in connection with the Project.
Dated:
11026- 0001 \ 2764675v Ldoc
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ATTACHMENT " C"
Tenant Consent, Waiver and General Release
APN 1200- 051- 16 - Popeyes)
1. (" Tenant") occupies the real property commonly
known as 27617 Base Line, Highland, California, and identified as San Bernardino County Assessor' s Parcel Number 1200- 051- 16 (" Property").
2. Tenant leases the Property from YN Properties, LLC (" Owner"). Owner is the record fee owner ofthe Property.
3. Owner has informed Tenant that Owner has authorized the City of Highland City") to enter and use the approximately first 30 feet of the Property adjacent to Base Line ( a roughly 3, 000 square foot portion of the Property) pursuant to that certain Right of Entry attached as Exhibit " 1" to facilitate the City' s construction of a traffic signal and related improvements along Base Line (" Project"). The Right of Entry Area is roughly depicted on Exhibit " A" to the attached to the Right of Entry.
4. Tenant, for itself and for its agents, successors and assigns, consents to Owner' s grant to the City of the right to enter and use the Right of Entry Area and hereby disclaims any rights, title, or interest in and to the Right of Entry Area, and fully releases, acquits and discharges the City, its council members, officers, officials, employees, attorneys from any and all claims, actions, demands, liabilities or costs (" Claims") arising out of or related to the City' s entry and use of the Right of Entry Area pursuant to the Right of Entry in connection with the construction of the Project, including, without limitation, Claims for compensation, business goodwill and lost income ( past or future), severance damages, economic or consequential damages, and other Claims of any kind and nature, claimed by Tenant, its agents, successors, and/ or assigns, by reason of City' s use of the Right of Entry Area in connection with the Project.
Dated:
M
11026- 000 1\ 2764681 v l .doe
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ATTACHMENT " C"
Tenant Consent, Waiver and General Release
APN 1200- 051- 17)
1. (" Tenant") occupies the real property commonly
known as 27627 Base Line, Highland, California, and identified as San Bernardino County Assessor' s Parcel Number (" APN") 1200- 051- 17 (" Property").
2. Tenant leases the Property from MG Gasoline Inc, a California corporation Owner"). Owner is the record fee owner ofthe Property.
3. Owner has a reciprocal access easement that allows Owner to use the driveway located on APN 1200- 051- 16 on property owned by YN Properties, LLC that is improved with a Starbucks ( 27615 Base Line) and a Popeyes ( 27617 Base Line).
4. Owner has informed Tenant that YN Properties, LLC has entered into a Right of Entry and Access Agreement for Construction of Improvements Along Base Line Between Buckeye and SR- 210 (" Right of Entry") to facilitate the City' s construction of a traffic signal and related improvements along Base Line (" Project") and that Owner has consented to this Right of Entry. Pursuant to the Right of Entry, YN Properties, LLC has authorized the City of Highland (" City") to enter and use the approximately first 30 feet of the YN Properties, LLC' s property adjacent to Base Line (a roughly 3, 000 square foot portion of the property). The Right of Entry Area is roughly depicted on Exhibit " A" to the attached to the Right of Entry.
5. The City will not be conducting any construction on the eastern most driveway on Base Line, located on Owner' s property. Tenant will, at all times, have access to Owner' s property through the eastern most driveway.
6. Tenant, for itself and for its agents, successors and assigns, consents to YN Properties LLC' s grant to the City of the right to enter and use the Right of Entry Area and hereby disclaims any rights, title, or interest in and to the Right of Entry Area, and fully releases, acquits and discharges the City, its council members, officers, officials, employees, attorneys from any and all claims, actions, demands, liabilities or costs (" Claims") arising out of or related to the City' s entry and use of the Right of Entry Area pursuant to the Right of Entry in connection with the construction of the Project, including, without limitation, Claims for compensation, business goodwill and lost income (past or future), severance damages, economic or consequential damages, and other Claims of any kind and nature, claimed by Tenant, its agents, successors, and/ or assigns, by reason of City' s use of the Right of Entry Area in connection with the Project.
Dated:
11026- 0001 \ 2765230v l .doc
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STAFF REPORT
TO THE CITY COUNCIL
DATE: February 14, 2023
FROM: Joseph Hughes, City Manager
SUBJECT: 2023/ 2024 Work Program
RECOMMENDATION: That the City Council Adopt the 2023/ 2024 Work Program FISCAL IMPACT: Varied depending upon which programs are ultimately implemented.
PUBLIC NOTICE: The Agenda for this item was posted at the required three locations.
BACKGROUND:
Since shortly after incorporation, the City Council has been very consistent in providing clear policy direction to the staff and volunteers of the community. That policy direction has been provided through the regular adoption of the Work Program.
The first Work Program was approved in April 1988 and covered a period of six months. In January 1989, the City Council adopted its first one- year Work Program. One- year Work Programs were adopted annually until the City Council in February 1993 adopted a Work Program that covered a time period of two years. Since that time the Work Program has been adopted under a two- year time format to coincide with the City Council elections and the two- year budget.
The Work Program directs staff and volunteers to focus their efforts on the issues that are most important as determined by the City Council. The process takes a tremendous amount of effort, but the result is invaluable. Once adopted, it becomes the road map for all City operations. It sets the two- year agenda for the City Council, Planning Commission, boards, staff and volunteers.
This year 31 Work Items are being considered for adoption by the City Council. Of the 31 Work Items, 28 ( 90%) were considered Urgent or High Priority by the City Council and were given specific time frames to be completed. The remaining Work Items will be completed if and when time permits or to meet legal requirements.
Approved Motion
Denied Ayes
Continued Noes
Tabled Abstain
Absent
City Clerk
Second Agenda Item No. J
File No.
City Manager
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Staff Report: Work Program 202312024
This process is quite possibly the most important undertaking the City Council participates in. The document that is created from this process will direct the efforts of the City for the next two -years. It will drive the budget and will determine when projects will be brought to the Council via the agenda.
Attachments:
Rating Legend
Goals and Objectives Ranking
Goals and Objectives Time Table ( Urgent and High Priority Items) 2023/ 2024 Proposed Work Items
Hours for On -Going Activities
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WORK PROGRAM
2023/ 2024
RATING SYSTEM
URGENT PRIORITY ( 8 Points) - Critically important that this item be completed during the two- year period. ( So important that it would be all right if it were the only item accomplished - although there maybe more than one)
HIGH PRIORITY ( 6 Points) -
PRIORITY (4 Points) -
LOW PRIORITY ( 2 Points) -
DELETE ( 0 Points) -
Ran es
7. 8 - 8. 0 UP
7. 1 - 7. 7 UP6. 4 - 7. 0 HP+
5. 7 - 6. 3 HP
5. 0 - 5. 6 HP4.3 - 4.9 P+
3. 6 - 4.2 P
2.9 - 15 P2. 2 - 2. 8 LP+
1. 5 - 2. 1 LP
0. 8 - 1. 4 LP0. 0 - 0. 7 D
Very important that this item be completed during the twoyear period.
This item may be accomplished during the two- year period if urgent and high priorities are completed.
Ifthe urgent, high and priority items are accomplished, or time permits then this item should be accomplished.
This item should be removed from the Work Program.
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87 e, a
CITY OF HIGHLAND
2023/ 2024
GOALS AND OBJECTIVES RANKING
LEGEND
UP Urgent Priority
HP High Priority
P Priority
LP Low Priority
D Delete
ADMINISTRATION - CITY CLERKIPERSONNEL/ CITY A TTORNEY
GOAL/ OBJECTIVE JC PL LM AS JT AVERAGE
Explore Updating City Logo P LP P P P P
Explore the need to purchase and implement an
updated version of Financial Management Software
from existing vendor or competitor
HP HP HP HP UP HP+
PUBLIC SAFETY - FIRE/POLICE
GOAL/ OBJECTIVE JC PL LM AS JT AVERAGE
Firearm Detection Canine HP UP HP HP P HP
2) Side by Side Off -Road Utility Vehicles P HP HP P HP HP - Replacement Command Post Vehicle P HP HP HP HP HP1) Side by Side Off -Road Utility Vehicle P P P P UP P+ Purchase of Fire Training Structure P HP HP HP HP HP -
Purchase of Backup Power Supply Industrial
Generators for Fire Station No 1 & 2
Hp HP HP UP HP HP+
-4-
PUBLIC WORKSIENGINEERINGIPUBLIC SERVICES
GOAL/OBJECTIVE JC PL LM AS JT AVERAGE
Determine Funding Level and Prioritize Project
Locations for 5 - Year City - Wide Pavement UP HP HP UP HP HP+ Mannement Pro ram
Initiate Development of the Highland/ San Bernardino UP HP HP HP HP HP+ 5th Street Corridor Improvement Project
Seek Grant Funding to Complete Right -of -Way and
construction of the Highland/Redlands Connector HP P HP HP HP HPPro' ect Complete Construction of the City Creek/ Alabama UP P HP HP LP HP - Street Bikeway Project
Complete Right -of -Way and obligate Federal Funds
for construction ofthe Base Line Bridge over City HP HP UP HP UP HP+ Creek
Complete Environmental and Initiate Design of HP HP HP HP HP HP Orange Street Bridge over Plunge Creek Overflow
Implement ofthe Project Approval & Environmental
HP UP HP HP HP HP+
Documents Phase ofthe Victoria Interchange Project
Implement ofthe Project Approval & Environmental
HP HP UP HP HP HP+
Documents Phase of the 5th Street Interchange Project
Implement Strategies to Balance Landscape Up p HP HP HP HP Maintenance District Budget
Aurantia Park Trash and Recycle Dumpster Enclosure HP HP HP HP HP HP Improve City Hall Solid Waste Enclosure to Increase Hp HP HP HP HP HP Security and Prevent Illegal Dumping
-5-
PUBLIC WORKS`/ENGINEERINGIPUBLIC SERVICES Continued...
GOAL/OBJECTIVE JC PL LM AS JT AVERAGE
Paint City Hall Exterior Stucco and Trims HP HP LP HP UP HP - Fire Station # 3 HVAC System Replacement and
UP UP HP HP HP HP+
Modification
Replace Fuel Dispensing System at Police Station HP HP HP HP HP HP
COMMUNITY DEVELOPMENTIB UILDING & SAFETY/ CODE ENFORCEMENT
GOAL/OBJECTIVE JC PL LM AS JT AVERAGE
Residential Solar On- line Permitting UP P P HP P HP -
Airport Gateway Specific Plan P HP HP HP P HP -
Annex Southeast Corner of Victoria & Sth Street P UP HP HP UP HP+ Host the Annual Citrus Harvest Festival UP HP P HP P HP - Community Trails Signage ( Trail Identification and
HP HP P HP HP HP -
Way Finding Signage)
Historically and Culturally Significant Art Program UP HP P HP D P+ Jeffrey Court Refinance (term extension & unit
HP HP HP HP UP HP+
upgrades)
Adoption ofVehicle Miles Traveled (VMT)
p UP HP UP P HP
Guidelines
Wakeland Affordable Housing Agreement and Ground UP UP HP HP HP HP+ Lease ( Central Ave)
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CITY OF HIGHLAND
2023/ 2024
GOALS AND OBJECTIVES
TIME TABLE
URGENT AND HIGH PRIORITY ITEMS
ADMINISTRATION - CITY CLERK/ PERSONNEL/ CITYATTORNEY
2023 2024
GOAL/ OBJECTIVE 71ST 2ND 3RD 4TH 1ST 2ND 3RD 4TH
Explore the need to purchase and implement an updated version of Financial Management Software from existing vendor or
X
competitor
PUBLIC SAFETY - FIRE/POLICE
2023 2024
GOAL/OBJECTIVE
1ST 2ND 3RD 4TH 1ST 2ND 3RD 4TH
Firearm Detection Canine X
2) Side by Side Off -Road Utility Vehicles X
Replacement Command Post Vehicle X
f
Purchase of Fire Training Structure X
Purchase of Backup Power Supply Industrial Generators for Fire X Station No 1 & 2
PUBLIC WORKS/ENGINEERINGIMAINTENANCE/ PUBLIC SERVICES
2023 2024
GOAL/ OBJECTIVE
1ST 2ND 3RD 4TH 1ST 2ND 3RD 4TH
Determine Funding Level and Prioritize Project Locations for 5 - X Year City - Wide Pavement Management Program
-7-
PUBLIC WORKS/ENGINEERINGIMAINTENANCE/ PUBLIC SERVICES Continued...
GOAL/ OBJECTIVE
2023 2024
1ST 2ND 3RD 4TH 1ST 12ND 3RD 4TH
Initiate Development of the Highland/ San Bernardino 5th Street Corridor Improvement Project
X
Seek Grant Funding to Complete Right -of -Way and construction of the Highland/ Redlands Connector Project
X
Complete Construction of the City Creek/ Alabama Street Bikeway Project
X
Complete Right -of -Way and obligate Federal Funds for
construction ofthe Base Line Bridge over City Creek
X
Complete Environmental and Initiate Design of Orange Street Bridge over Plunge Creek Overflow
X
Implement of the Project Approval & Environmental Documents Phase of the Victoria Interchange Project
X
Implement of the Project Approval & Environmental Documents Phase of the 5th Street Interchange Project
X
Implement Strategies to Balance Landscape Maintenance District Budget
X
Aurantia Park Trash and Recycle Dumpster Enclosure X
Improve City Hall Solid Waste Enclosure to Increase Security and Prevent Illegal Dumping
X
Paint City Hall Exterior Stucco and Trims i
X
Fire Station # 3 HVAC System Replacement and Modification X Replace Fuel Dispensing System at Police Station X
a_-. _. ;,
a....-?.' clx. i:ridS-...,.. yY,,_, '.•. .•......-. a..;., iL:a. r.-. i.:i t.xa. a,. s: a... r:,.'.,.,.......,.. a:....:... u.. F c.-.;, sie.,._-:. s':.- .. n._.._._.........._ __ ... ... __.
COMMUNITY DEVEL OPMENTIB UILDING & SAFETY/ CODE ENFORCEMENT y
GOAL/ OBJECTIVE
2023 2024
1ST 2ND 3RD 4TH I 1ST 2ND 3RD 4TH
Residential Solar On- line Permitting X
Airport Gateway Specific Plan X
Annex Southeast Corner of Victoria & 5th Street X
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COMMUNITYDEVELOPMENTBUILDING & SAFETY/CODE ENFORCEMENT Continued... 2023 2024
GOAL/ OBJECTIVE
1 ST 2ND 3RD 4TH 1 ST 2ND 3RD 4TH
Host the Annual Citrus Harvest Festival X X
Community Trails Signage ( Trail Identification and Way Finding X Signage)
Jeffrey Court Refinance ( term extension & unit upgrades) X Adoption of Vehicle Miles Traveled ( VMT) Guidelines X
Wakeland Affordable Housing Agreement and Ground Lease X Central Ave)
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2023 AND 2024
PROPOSED NEW WORK ITEM
ITEM: Explore Updating City Logo
DEPARTMENTS RESPONSIBLE: City Clerk
1. WHAT ARE THE KEY ELEMENTS OF THE WORK ITEM?
Work with a Subcommittee on gathering ideas for developing a new City logo and obtain City Council approval on final design.
Funding Source: General Fund
2. WHY SHOULD THIS WORK ITEM BE CONSIDERED BY THE CITY
COUNCIL? WHAT IS THE SIGNIFICANCE OF THIS WORK ITEM?
Giving our logo a more polished and contemporary feel
Compatibility with website
The intent is not to replace the City logo in all locations but only update where feasible such as City letterhead, business cards and website.
3. ORIGIN OF ISSUE:
COUNCIL STAFF X
GEN. PLAN BOARD/ COMMISSION
OUTSIDE REQUEST LEGAL OBLIGATION
4. ESTIMATED WORK HOURS TO COMPLETE WORK ITEM: 20- 30.
5. ARE CONTRACT SERVICES REQUIRED? Yes.
IF SO, WHAT TYPE? Graphic Artist Vendor.
6. IS THIS A CARRY-OVER ITEM FROM 2021- 22? No.
REVIEWED BY: PROPOSED BY:
City ager
DATE
C X'4_'
City Clerk
1L3h' z 3
DATE
-10-
2023 AND 2024
PROPOSED NEW WORK ITEM
ITEM: Explore the need to purchase and implement an updated version of Financial Management Software from existing vendor or competitor.
DEPARTMENTS RESPONSIBLE: Finance.
1. WHAT ARE THE KEY ELEMENTS OF THE WORK ITEM?
Tyler Technologies will stop supporting our current Financial Management Software, Eden Inforum Gold, on March 1, 2027. Tyler Technologies has extended an offer to migrate to another Tyler Technologies product named Enterprise ( Munis) at no relicensing cost to the City. Finance staff has met with Tyler and received a quote for conversion and implementation. Conversion and implementation will take approximately 2 years.
Funding Source: General Fund/ Building Services.
2. WHY SHOULD THIS WORK ITEM BE CONSIDERED BY THE CITY
COUNCIL? WHAT IS THE SIGNIFICANCE OF THIS WORK ITEM?
Whether the City purchases the software from Tyler Technologies or a competitor, this item is essential because the current product will become obsolete on March 1, 2027. Tyler Technologies is a member of Sourcewell. As a member of Sourcewell, the City can take advantage of competitive pricing. Since 1995, the City has a long-standing relationship with Tyler Technologies and their products are very user friendly. Staff will also look at their competitors' products. Finance wanted to bring this item to the City Council' s attention as an upcoming substantive item for the 2025- 2027 biennial budget.
3. ORIGIN OF ISSUE:
COUNCIL
GEN.PLAN
OUTSIDE REQUEST
STAFF X
BOARD/ COMMISSION
LEGAL OBLIGATION
4. ESTIMATED WORK HOURS TO COMPLETE WORK ITEM: 10 hours.
5. ARE CONTRACT SERVICES REQUIRED? Not currently. This item is for informational purposes about a substantial purchase in the next Work Program & Budget.
IF SO, WHAT TYPE? N/A.
6. IS THIS A CARRY- OVER ITEM FROM 2021- 22? No.
REVIEWED BY:
Ci anager
2 2--
DATE
PROPOSED BY:
Director of Administrative Services
z 2n 1.
DATE
-11-
2023 AND 2024
PROPOSED NEW WORK ITEM
ITEM: Firearm Detection Canine
DEPARTMENTS RESPONSIBLE: Police Department
1. WHAT ARE THE KEY ELEMENTS OF THE WORK ITEM?
A firearm detection canine would be used to locate illegal firearms, ammunition and improvised explosive weapons during routine traffic enforcement, search warrants and complex criminal investigations. This item would reduce the number of weapons used in local crimes.
Funding Source: General Fund
2. WHY SHOULD THIS WORK ITEM BE CONSIDERED BY THE CITY
COUNCIL? WHAT IS THE SIGNIFICANCE OF THIS WORK ITEM?
Both legal and illegal firearms used in criminal acts, are becoming more and more prevalent in our community. On average, Deputies assigned to the Highland Station, seize a firearm almost every day. These are often used in crimes or located on narcotics dealers and even transients. Typically, these firearms are found to be ghost guns. A ghost gun is an unregistered firearm or firearm manufactured without serial numbers so it cannot be traced.
A firearm detection canine would help locate these weapons in an effort to combat their use in criminal activity. This program would require the purchase of the animal and a specially equipped vehicle. It would also require ongoing food and veterinary care for the life of the dog. An existing Deputy Sheriff position assigned to the Quality of Life Team, would be used as the handler.
3. ORIGIN OF ISSUE:
COUNCIL STAFF X
GEN. PLAN BOARD/COMMISSION
OUTSIDE REQUEST LEGAL OBLIGATION
4. ESTIMATED WORK HOURS TO COMPLETE WORK ITEM: 1
5. ARE CONTRACT SERVICES REQUIRED? Yes
IF SO, WHAT TYPE? Amending the contract with the SB County Sheriff' s Dept.
6. IS THIS A CARRY-OVER ITEM FROM 2021- 22? No
REVIEWS BY:
41danager
DATE
PROPOSED BY:
Director of Administrative Services
2 _ a
DATE
-12-
2023 AND 2024
PROPOSED NEW WORK ITEM
ITEM: (2) Side by Side Off -Road Utility Vehicles
DEPARTMENTS RESPONSIBLE: Police Department
1. 2.
3. 4.
5. 6.
WHAT ARE THE KEY ELEMENTS OF THE WORK ITEM?
The Police Department is requesting ( 2) multi -purpose side by side off -road utility vehicles for use during regular enforcement and special events.
Funding Source: General Fund
WHY SHOULD THIS WORK ITEM BE CONSIDERED BY THE CITY
COUNCIL? WHAT IS THE SIGNIFICANCE OF THIS WORK ITEM?
With increasing crime and homeless issues occurring in the washes, hills and unpaved areas around the city, more robust and specialized off -road vehicles are needed. Currently, the Police Department has a single side by side Mule. However, it is primarily designed as farm equipment and not adequate for law enforcement operations in terms of speed and capability.
Purchasing two specially designed side by side utility vehicles will allow deputies to access and patrol more remote and off -road areas experiencing increases in homeless camps and illegal activity. Two vehicles would allow multiple employees and supervisors to work together and allow for prisoner transport and/ or movement of equipment and property. In addition to their use in routine enforcement, the utility vehicles would be used for special events such as the Citrus Harvest Festival, 4th of July Parade, Immanuel Baptist Church fireworks show, YMCA 5k- 10k run, and our local Bike Classic. Often with crowds of pedestrians at these events, it is difficult to maneuver around with a larger patrol car.
ORIGIN OF ISSUE:
COUNCIL
GEN. PLAN
OUTSIDE REQUEST
STAFF X
BOARD/ COMMISSION
LEGAL OBLIGATION
ESTIMATED WORK HOURS TO COMPLETE WORK ITEM: 5
ARE CONTRACT SERVICES REQUIRED? No IF SO, WHAT TYPE? N/A IS THIS A CARRY- OVER ITEM FROM 2021- 22? No
REVIE BY:
Ci anager
DATE
PROPOSED BY:
Director of Administrative Services
2 L°1` tL
DATE
-13-
2023 AND 2024
PROPOSED NEW WORK ITEM
ITEM: Replacement Command Post Vehicle
DEPARTMENTS RESPONSIBLE: Police Department
1. WHAT ARE THE KEY ELEMENTS OF THE WORK ITEM?
The Police Department needs to replace the Command Post Vehicle for use during natural disasters and major events in the city. A previously used van conversion motorhome is currently being retired. It was found to be too large and not used frequently enough to keep it functional.
Funding Source: General Fund
2. WHY SHOULD THIS WORK ITEM BE CONSIDERED BY THE CITY
COUNCIL? WHAT IS THE SIGNIFICANCE OF THIS WORK ITEM?
In the event of a natural disaster such as flood or wildland fire, Police supervisors need a platform for control and management of personnel deployment and resources. In the past, larger motorhome type vehicles were thought to be the way to go. Currently, most public safety agencies use smaller vehicles like Suburban' s or pickup trucks with a camper shell.
These vehicles typically carry maps, supplies, ammunition and extra communication equipment like radios and satellite phones. The smaller footprint of a Suburban means it can be parked in locations a motorhome may not fit. It is easier to store and keep operational. The City of Highland is also very active with special events such as the Redlands Bicycle Classic, Citrus Harvest Festival and Fireworks show. Supervisors and managers responsible for these events currently have limited ability to coordinate them in the field as typical patrol cars lack the extra equipment and functional space. Obtaining a Suburban style Command Post would allow patrol supervisors to drive the vehicle during routine patrol, keeping it functional and always available.
3. ORIGIN OF ISSUE:
COUNCIL STAFF X
GEN.PLAN BOARD/ COMMISSION
OUTSIDE REQUEST LEGAL OBLIGATION
4. ESTIMATED WORK HOURS TO COMPLETE WORK ITEM: 10
5. ARE CONTRACT SERVICES REQUIRED? No IF SO, WHAT TYPE? N/A
6. IS THIS A CARRY- OVER ITEM FROM 2021- 22? No
REVIE Y:
Ci nager
DATE
PROPOSED BY:
Director of Administrative Services
DATE
-14-
2023 AND 2024
PROPOSED NEW WORK ITEM
ITEM: ( 1) Side by Side Off -Road Utility Vehicle
DEPARTMENTS RESPONSIBLE: Fire Department
1. WHAT ARE THE KEY ELEMENTS OF THE WORK ITEM?
The Fire Department is requesting a multi -purpose side by side off -road utility vehicle for use during special events.
Funding Source: Fire Department Equipment Reserve Fund
2. WHY SHOULD THIS WORK ITEM BE CONSIDERED BY THE CITY
COUNCIL? WHAT IS THE SIGNIFICANCE OF THIS WORK ITEM?
Purchasing a specially designed side by side utility vehicle will allow fire department personnel to access more remote and off -road areas. In addition to their use in remote areas of the city, the utility vehicle would be used for special events such as the Citrus Harvest Festival, 4th of July Parade, Immanuel Baptist Church fireworks show, YMCA 5k- 1 Ok run, and our local Bike Classic. Often with crowds of pedestrians at these events, it is difficult to maneuver around with a larger fire engine.
3. ORIGIN OF ISSUE:
COUNCIL
GEN. PLAN
OUTSIDE REQUEST
STAFF X
BOARD/COMMISSION
LEGAL OBLIGATION
4. ESTIMATED WORK HOURS TO COMPLETE WORK ITEM: 5
5. ARE CONTRACT SERVICES REQUIRED? No IF SO, WHAT TYPE? N/A
6. IS THIS A CARRY- OVER ITEM FROM 2021- 22? No
REVIEWE
City ager
DATE
PROPOSED BY:
Director of Administrative Services
DATE
-15-
2023 AND 2024
PROPOSED NEW WORK ITEM
ITEM: Purchase of Fire Training Structure
DEPARTMENTS RESPONSIBLE: Fire Department
1. 2.
3. 4.
5. 6.
WHAT ARE THE KEY ELEMENTS OF THE WORK ITEM?
The Fire Department is requesting a multi -purpose fire training structure with the goal of providing a better training experience for fire professionals.
Funding Source:
1. Fire Department Equipment Reserve Fund.
2. San Manuel.
3. CAL FIRE.
WHY SHOULD THIS WORK ITEM BE CONSIDERED BY THE CITY
COUNCIL? WHAT IS THE SIGNIFICANCE OF THIS WORK ITEM?
Purchasing a multi -purpose fire training structure will serve your current and future firefighters for decades to come.
The city currently possesses land/ space to build a fire training structure behind Fire Station 3. A fire training structure would greatly enhance manipulative fire ground safety and tactics for commercial and residential structure fires which include force entry, search & rescue, ventilation, and self -firefighter rescue. Objective is to provide a training structure for firefighters to continue performing real life fire ground operations in a secured safe controlled environment. Exercising skills through training is critical for the safety and performance for the City' s Firefighters as well as the life safety of the public within Highland.
ORIGIN OF ISSUE:
COUNCIL
GEN. PLAN
OUTSIDE REQUEST,
STAFF
BOARD/ COMMISSION
LEGAL OBLIGATION
ESTIMATED WORK HOURS TO COMPLETE WORK ITEM: 90
ARE CONTRACT SERVICES REQUIRED? Yes.
IF SO, WHAT TYPE? Contractor.
IS THIS A CARRY-OVER ITEM FROM 2021- 22? No
REVIE BY:
C' anager
2 Z—
DATE
PROPOSED BY:
Director of Administrative Services
2 01
DATE
-16-
2023 AND 2024
PROPOSED NEW WORK ITEM
ITEM: Purchase of Backup Power Supply Industrial Generators for Fire Station No 1 & 2 DEPARTMENTS RESPONSIBLE:
1. 2.
3. WHAT ARE THE KEY ELEMENTS OF THE WORK ITEM?
Solicit proposals and obtain Council approval for purchase two Industrial Generators.
For Fire Station 1 & Fire Station 2.
Funding Source: Fire Department equipment reserve account.
WHY SHOULD THIS WORK ITEM BE CONSIDERED BY THE CITY
COUNCIL? WHAT IS THE SIGNIFICANCE OF THIS WORK ITEM?
Currently generators at Fire Station 1 and Fire Station 2 are not Backup Power Supply Systems / Industrial Generators that can support normal fire station operations. Both fire stations have been utilizing large portable generators. Fire Station 1 and Fire Station 2 generators can only generate enough power to sustain a refrigerator and a smaller A/C unit, leaving each fire Station' s personnel with no other option but having to resort to monitoring hand- held radios to receive critical dispatch information. Apparatus bay doors are left in an unlocked position to pull fire engines in and out of the apparatus bays. This also delays response to 911 emergencies because personnel must manually close bay doors. Manual operated bay doors leave the fire station unsecured during power outages due to wind events and other power loss events.
With the purchase of two new industrial generators, both Fire Stations will be able to continue normal operations responding to emergencies and safeguarding civilians when power is lost to a fire station due to a wind event or grid failure.
Since the last Work Program, we' ve been coordinating with Southern California Edison to obtain power usage for Fire Station No. 1 & Fire Station No. 2, so we have the correct spec for the power module to support our needs. Once completed, we will obtain the purchase price for the generators through Sourcewell and present this to the City Council. If approved, we anticipate a project start date in quarter 1 of next year.
ORIGIN OF ISSUE:
COUNCIL
GEN.PLAN
OUTSIDE REQUEST
STAFF X
BOARD/COMMISSION
LEGAL OBLIGATION
4. ESTIMATED WORK HOURS TO COMPLETE WORK ITEM: 50
-17-
5. ARE CONTRACT SERVICES REQUIRED? Yes
IF SO, WHAT TYPE? Yes. General Construction Contractor / Electrical Contractor
6. IS THIS A CARRY- OVER ITEM FROM 2021- 22? Yes
REVIEWED BY:
City . Wager
DATE
PROPOSED BY:
Director ofAdministrative Services
L 1. L
DATE
-18-
2023 AND 2024
PROPOSED NEW WORK ITEM
ITEM: Determine Funding Level and Prioritize Project Locations for 5- Year City -Wide Pavement Management Program
DEPARTMENTS RESPONSIBLE: Public Works/ Engineering
1. 2.
3. 4.
5. 6.
WHAT ARE THE KEY ELEMENTS OF THE WORK ITEM?
Utilizing information included in the final report of the Pavement Management Program, which will be available in the first quarter of 2023, develop a priority list of locations for pavement projects based on various maintenance strategies such as crack seal, slurry seal, overlay and rehabilitation.
Identify potential fund sources for implementation of the Pavement Management program City- wide.
Obtain City Council policy direction relative to allocation of City resources and longterm fund level to implement the Pavement Management Program Based on the amount of anticipated City funds to be allocated to the Pavement Management Program, select street locations for pavement projects for incorporation in the City' s future 5- year Capital Improvement Programs and Measure I 5- year CIP' s.
Funding Source: Gasoline Tax (SB- 1), Measure I Local Street Program Pass- Thru funds, CDBG funds, General Capital Financing ( MOE and Pavement Impact Fee) and CalRecycle RAC Grant funds
WHY SHOULD THIS WORK ITEM BE CONSIDERED BY THE CITY
COUNCIL? WHAT IS THE SIGNIFICANCE OF THIS WORK ITEM?
The City-wide Pavement Maintenance Program is an effective tool to quantitatively analyze and evaluate pavement conditions, and to develop the best strategies to maintain pavement of the City' s 152 centerline miles of streets. Proper planning and construction of pavement projects, which is supported by an appropriate level ofavailable funding, is essential for the City to keep its streets in good conditions for an extended period of time. Additionally, the proposed multi -year pavement program with specific street locations will facilitate better coordination of construction projects among the City and the various public agencies and utilities.
ORIGIN OF ISSUE:
COUNCIL
GEN. PLAN
OUTSIDE REQUEST
STAFF X
BOARD/ COMMISSION
LEGAL OBLIGATION
ESTIMATED WORK HOURS TO COMPLETE WORK ITEM: 80
ARE CONTRACT SERVICES REQUIRED? Yes IF SO, WHAT TYPE?
Engineering
IS THIS A CARRY-OVER ITEM FROM 2021- 22? Yes
-19-
REVIEWED
City Ma er
DATE
PROPOSED BY:
Public Works Dir t r
2 1211200,
DATE
-20-
2023 AND 2024
PROPOSED NEW WORK ITEM
ITEM: Initiate Development of the Highland/ San Bernardino 5th Street Corridor Improvement Project
DEPARTMENTS RESPONSIBLE: Engineering
1. WHAT ARE THE KEY ELEMENTS OF THE WORK ITEM?
Initiate discussions with City of San Bernardino, IVDA, San Manuel Band of Mission Indians and East Valley Water District for a joint project for 5th Street between Victoria Avenue and Del Rosa Drive.
Seek approval of cooperative agreement with participating agencies.
Seek potential grant funding to construct the proposed 5th Street improvements.
Funding Source: Gasoline Tax ( SB- 1), Measure I Local Street Program Pass- Thru funds, City of San Bernardino, County of San Bernardino, IVDA, San Manuel Band of Mission Indians, and EVWD.
2. WHY SHOULD THIS WORK ITEM BE CONSIDERED BY THE CITY
COUNCIL? WHAT IS THE SIGNIFICANCE OF THIS WORK ITEM?
The pavement condition for 5th Street is in very poor condition. The proposed joint pavement rehabilitation project will provide a good and safe roadway surface to support traffic circulation and emergency services.
3. ORIGIN OF ISSUE:
COUNCIL STAFF X
GEN.PLAN BOARD/ COMMISSION
OUTSIDE REQUEST LEGAL OBLIGATION
4. ESTIMATED WORK HOURS TO COMPLETE WORK ITEM: 60
5. ARE CONTRACT SERVICES REQUIRED? Yes IF SO, WHAT TYPE? Engineering
6. IS THIS A CARRY-OVER ITEM FROM 2021- 22? No
REVIEWE Y:
Ci anager
Z_2
DAT
PROPOSED BY:
Public Works Dir
L
l 20
DATE
-21-
2023 AND 2024
PROPOSED NEW WORK ITEM
ITEM: Seek Grant Funding to Complete Right -of -Way and Construction of the Highland/ Redlands Regional Connector Project
DEPARTMENTS RESPONSIBLE: Engineering
1. WHAT ARE THE KEY ELEMENTS OF THE WORK ITEM?
Construction of new Class I and II bikeways in the cities of Highland and Redlands.
Apply for federal grant funds for right-of-way and construction of the proposed public improvements.
Funding Source: Federal ATP grant, SBCTA TDA Article 3 grant, and City of Redlands
2. WHY SHOULD THIS WORK ITEM BE CONSIDERED BY THE CITY
COUNCIL? WHAT IS THE SIGNIFICANCE OF THIS WORK ITEM?
Construction of this project was funded through ATP Cycle 2 grant. However due to extremely high environmental mitigation measures for the San Bernardino Kangaroo Rat required by the California Department of Fish and Wildlife (CDFW), the cities of Highland and Redlands were forced to cancel the ATP funds. With environmental and design phases complete, this project will compete well for ATP Cycle 7 Grant cycle.
SBCTA has offered to take the lead with preparation of this grant application. The proposed widening and improvement of Boulder Avenue/ Orange Street will provide an adequate and safer link of travel between the cities of Highland and Redlands.
3. ORIGIN OF ISSUE:
COUNCIL STAFF X
GEN.PLAN X BOARD/ COMMISSION
OUTSIDE REQUEST LEGAL OBLIGATION
4. ESTIMATED WORK HOURS TO COMPLETE WORK ITEM: 60
5. ARE CONTRACT SERVICES REQUIRED? Yes IF SO, WHAT TYPE? Right of Way, Construction Management and Inspection Services
6. IS THIS A CARRY- OVER ITEM FROM 2021- 22? Yes
REVIEWS Y:
City , pager
DATE
PROPOSED BY:
Z."'C.
Public Works Di ct
L % 211 ZoZ,- t,
DATE
-22-
2023 AND 2024
PROPOSED NEW WORK ITEM
ITEM: Complete Construction of the City Creek/Alabama Street Bikeway Project DEPARTMENTS RESPONSIBLE: Engineering
1. WHAT ARE THE KEY ELEMENTS OF THE WORK ITEM?
Complete construction of the proposed bikeway/ walkway on the west City Creek levee.
Funding Source: Federal ATP grant, Measure I Local Street Program Pass- Thru funds, and City of San Bernardino
2. WHY SHOULD THIS WORK ITEM BE CONSIDERED BY THE CITY
COUNCIL? WHAT IS THE SIGNIFICANCE OF THIS WORK ITEM?
The proposed widening and improvement of Alabama Street and the proposed bikeway/ walkway on the City Creek levee will improve traffic safety on Alabama Street and promote active transportation in the City.
3. ORIGIN OF ISSUE:
COUNCIL STAFFX
GEN.PLANX BOARD/ COMMISSION
OUTSIDE REQUEST LEGAL OBLIGATION
4. ESTIMATED WORK HOURS TO COMPLETE WORK ITEM: 60
5. ARE CONTRACT SERVICES REQUIRED? Yes IF SO, WHAT TYPE? Construction Management and Inspection Services
6. IS THIS A CARRY- OVER ITEM FROM 2021- 22? Yes
REVIEWE Y:
City ager
DAT
PROPOSED BY:
zox "
Public Works Dir
2 1 24% 7.01E
DATE
-23-
2023 AND 2024
PROPOSED NEW WORK ITEM
ITEM: Complete right- of-way and obligate federal funds for construction of the Base Line Bridge over City Creek.
DEPARTMENTS RESPONSIBLE: Engineering
1. WHAT ARE THE KEY ELEMENTS OF THE WORK ITEM?
Secure FHWA approval for additional Federal funds needed for project right of way and construction.
Complete right of way for the proposed bridge, roadway and channel improvements.
Secure FHWA commitment of Federal Highway Bridge Program funds for construction of the proposed Base Line Bridge as a high cost project that is expected to exceed $ 20 million in construction cost.
Funding Source: Federal Highway Bridge Program grant, and City RDA bond proceeds
2. WHY SHOULD THIS WORK ITEM BE CONSIDERED BY THE CITY
COUNCIL? WHAT IS THE SIGNIFICANCE OF THIS WORK ITEM?
Replacing the low water crossing with a new 600'- long bridge on Base Line across City Creek will alleviate the periodic flooding and traffic circulation problems at this location during heavy storms.
3. ORIGIN OF ISSUE:
COUNCIL X STAFF
GEN. PLAN BOARD/COMMISSION
OUTSIDE REQUEST LEGAL OBLIGATION
4. ESTIMATED WORK HOURS TO COMPLETE WORK ITEM: 120
5. ARE CONTRACT SERVICES REQUIRED? Yes IF SO, WHAT TYPE? Engineering and Right of Way Services
6. IS THIS A CARRY- OVER ITEM FROM 2021- 22? Yes
REVIE Y:
Ci ager
DATE
PROPOSED BY:
Z A I--- --
Public Works Dir6Wor
DATE
I 2 12,41 / 2vz-t
-24-
2023 AND 2024
PROPOSED NEW WORK ITEM
ITEM: Complete environmental and initiate design of Orange Street Bridge over Plunge Creek Overflow.
DEPARTMENTS RESPONSIBLE: Engineering
1. WHAT ARE THE KEY ELEMENTS OF THE WORK ITEM?
Obtain concurrence from FHWA to expand project scope and cost to include a raised bridge and roadway profile.
Complete environmental studies and obtain clearance from all resource agencies.
Initiate final project design.
Funding Source: Federal Highway Bridge Program Grant, and City Development Impact Fee
2. WHY SHOULD THIS WORK ITEM BE CONSIDERED BY THE CITY
COUNCIL? WHAT IS THE SIGNIFICANCE OF THIS WORK ITEM?
Replacing the existing 2-lane bridge over Plunge Creek Overflow with a 4-lane bridge along with a raised roadway profile will accommodate future increased traffic volumes and reduce potential of flooding at this location during heavy storms.
3. ORIGIN OF ISSUE:
COUNCIL STAFF X
GEN. PLAN X BOARD/ COMMISSION
OUTSIDE REQUEST LEGAL OBLIGATION
4. ESTIMATED WORK HOURS TO COMPLETE WORK ITEM: 100
5. ARE CONTRACT SERVICES REQUIRED? Yes IF SO, WHAT TYPE? Environmental and Engineering Services
6. IS THIS A CARRY- OVER ITEM FROM 2021- 22? Yes
REVIEWED Y:
City ger
DATE
PROPOSED BY:
Public Works Di or
12, Z 2, 4/ T,02-L
DATE
-25-
2023 AND 2024
PROPOSED NEW WORK ITEM
ITEM: Implementation of the Project Approval & Environmental Documents Phase ofthe Victoria Avenue Interchange Project
DEPARTMENTS RESPONSIBLE: Engineering
1. WHAT ARE THE KEY ELEMENTS OF THE WORK ITEM?
Work with stakeholders to identify 3 alternatives for the new interchange at SR210/ Victoria Avenue.
Complete Project Approval & Environmental Documents Phase for preferred alternative.
The City will serve as sponsor and implementing agency with Caltrans on this proj ect.
Funding Source: Indian Gaming Special Distribution Grant, San Manuel Community and Credit Fund and San Manuel Band of Mission Indians
2. WHY SHOULD THIS WORK ITEM BE CONSIDERED BY THE CITY
COUNCIL? WHAT IS THE SIGNIFICANCE OF THIS WORK ITEM?
Construction of a new interchange at SR- 210/ Victoria Avenue will relieve traffic congestion at the existing interchange at SR- 2I O/ Highland/ Arden and along Highland Avenue east of the existing interchange. The new interchange at Highland Avenue will provide direct, safe and efficient freeway access from SR- 210 to major activity centers such as San Manuel Indian Casino and San Bernardino International Airport.
3. ORIGIN OF ISSUE:
COUNCIL X
GEN. PLAN X
OUTSIDE REQUEST X
STAFF_
BOARD/ COMMISSION_
LEGAL OBLIGATION X
4. ESTIMATED WORK HOURS TO COMPLETE WORK ITEM: 80
5. ARE CONTRACT SERVICES REQUIRED? Yes IF SO, WHAT TYPE? Environmental and Engineering Services
6. IS THIS A CARRY- OVER ITEM FROM 2021- 22? Yes
RE -VIE BY:
Ci anager
DATE
PROPOSED BY:
Public Works Dir ct
Iz/ L9 Lz
DATE
-26-
2023 AND 2024
PROPOSED NEW WORK ITEM
ITEM: Implementation of the project approval and environmental document phase of the 5th Street Interchange Project.
DEPARTMENTS RESPONSIBLE: Engineering
1. WHAT ARE THE KEY ELEMENTS OF THE WORK ITEM?
The Project Approval and Environmental Document ( PAED) for the proposed 5th Street Interchange project includes eastbound on and offramp additional lanes and widening of 5th Street at SR-210 to ultimate width.
Negotiate funding contributions from CEMEX/ Robertson' s Ready Mix Prepare Request for Proposal, select consultants for the PAED work.
Begin PAED work.
Funding Source: City Measure I Arterial Funds, City Development Impact Fees, and SBCTA Freeway Interchange Program Funds,
2. WHY SHOULD THIS WORK ITEM BE CONSIDERED BY THE CITY
COUNCIL? WHAT IS THE SIGNIFICANCE OF THIS WORK ITEM?
Construction ofthese interchange improvements at SR-210/ 5th Street will provide direct, safe and efficient freeway access for vehicular and truck traffic.
3. ORIGIN OF ISSUE:
COUNCIL X STAFF
GEN. PLAN BOARD/ COMMISSION
OUTSIDE REQUEST LEGAL OBLIGATION
4. ESTIMATED WORK HOURS TO COMPLETE WORK ITEM: 160
5. ARE CONTRACT SERVICES REQUIRED? Yes IF SO, WHAT TYPE? Environmental and Engineering Services
6. IS THIS A CARRY- OVER ITEM FROM 2021- 22? Yes
1JAIh
PROPOSED BY:
Public Works Direct6T
1124/?• 021-
DATE
-27-
2023 AND 2024
PROPOSED NEW WORK ITEM
ITEM: Implement Strategies to Balance Landscape Maintenance District Budget DEPARTMENTS RESPONSIBLE: Public Works/ Public Services
1. 2.
3. 4.
5. 6.
WHAT ARE THE KEY ELEMENTS OF THE WORK ITEM?
Evaluate various options to reduce expenditures and/or increase revenues such as:
a. Reduction of maintenance services;
b. Increase hardscape;
c. Increase annual assessment for zones that have a deficit.
Develop viable strategies for implementation to balance the district' s annual budget.
Conduct public outreach to gain understanding and support from affected residents and businesses.
Funding Source: General Fund and Assessment District
WHY SHOULD THIS WORK ITEM BE CONSIDERED BY THE CITY
COUNCIL? WHAT IS THE SIGNIFICANCE OF THIS WORK ITEM?
With the continued increase of maintenance charges various zones in the Landscape Maintenance District are operating with a deficit. Due to legal restrictions these zones annual assessments cannot be increase without balloting all affected property owners. An increase in revenue is required for the district to maintain its current level of service.
ORIGIN OF ISSUE:
COUNCIL
GEN. PLAN
OUTSIDE REQUEST
STAFF X
BOARD/ COMMISSION
LEGAL OBLIGATION
ESTIMATED WORK HOURS TO COMPLETE WORK ITEM: 80
ARE CONTRACT SERVICES REQUIRED? Yes IF SO, WHAT TYPE?
Assessment Engineering Services and Legal Services
IS THIS A CARRY-OVER ITEM FROM 2021- 22? Yes
REVIEWE Y:
City nager
DATE
PROPOSED BY:
Public Works Dir r
1 LI 21
DATE
-28-
2023 AND 2024
PROPOSED NEW WORK ITEM
ITEM: Aurantia Park Trash and Recycle Dumpster Enclosure DEPARTMENTS RESPONSIBLE: Public Works/ Engineering
1. 4
3. 4.
5. 6.
WHAT ARE THE KEY ELEMENTS OF THE WORK ITEM?
Install trash and recycle dumpster enclosure to manage trash and recyclables on site.
Funding Source: General Funds
WHY SHOULD THIS WORK ITEM BE CONSIDERED BY THE CITY
COUNCIL? WHAT IS THE SIGNIFICANCE OF THIS WORK ITEM?
Aurantia Park is one of the City' s most used parks and does not have on site trash or recyclable containers for disposal of trash, dog waste, and recyclable materials. This work item would allow staff and janitorial service to manage waste and recyclables on site.
ORIGIN OF ISSUE:
COUNCIL
GEN.PLAN
OUTSIDE REQUEST
STAFF X
BOARD/ COMMISSION
LEGAL OBLIGATION_
ESTIMATED WORK HOURS TO COMPLETE WORK ITEM: 32
ARE CONTRACT SERVICES REQUIRED? Yes IF SO, WHAT TYPE?
Concrete/ Masonry, Fencing/Ironwork and Paint.
IS THIS A CARRY-OVER ITEM FROM 2021- 22? No
REVIEWED BY:
Ci nager
DATE
PROPOSED BY:
z
Public Works D re or
12, 20---
DATE
-29-
2023 AND 2024
PROPOSED NEW WORK ITEM
ITEM: Improve City Hall Solid Waste Enclosure to Increase Security and Prevent Illegal Dumping
DEPARTMENTS RESPONSIBLE: Public Works/ Public Services
1. WHAT ARE THE KEY ELEMENTS OF THE WORK ITEM?
Prepare design improvements to include solid roof and cage structure Construct solid waste enclosure
Funding Source: General Fund and General Capital Finance
2. WHY SHOULD THIS WORK ITEM BE CONSIDERED BY THE CITY
COUNCIL? WHAT IS THE SIGNIFICANCE OF THIS WORK ITEM?
The City Hall solid waste enclosure is currently open and accessible to the public which results in continuous illegal dumping and scavenging incidents. Improving the facility with a solid roof and a cage structure will allow staff to secure the area to minimize these occurrences.
3. ORIGIN OF ISSUE:
COUNCIL STAFF X
GEN. PLAN BOARD/ COMMISSION
OUTSIDE REQUEST LEGAL OBLIGATION
4. ESTIMATED WORK HOURS TO COMPLETE WORK ITEM: 20
5. ARE CONTRACT SERVICES REQUIRED? Yes IF SO, WHAT TYPE? Construction
6. IS THIS A CARRY-OVER ITEM FROM 2021- 22? No
REVIE
City ager
2: L7_ J2
DATE
PROPOSED BY:
Public Works Dfvelctor
12/ Z4/ 7i2
DATE
-30-
2023 AND 2024
PROPOSED NEW WORK ITEM
ITEM: Paint City Hall Exterior Stucco and Trims
DEPARTMENTS RESPONSIBLE: Public Works
1. WHAT ARE THE KEY ELEMENTS OF THE WORK ITEM?
Power wash, preparation and painting of City Hall.
Funding Source: General Funds
2. WHY SHOULD THIS WORK ITEM BE CONSIDERED BY THE CITY
COUNCIL? WHAT IS THE SIGNIFICANCE OF THIS WORK ITEM?
City Hall wood trim is in need of treatment for protection from elements and stucco is degrading in appearance.
3. ORIGIN OF ISSUE:
COUNCIL
GEN.PLAN
OUTSIDE REQUEST
STAFF X
BOARD/ COMMISSION
LEGAL OBLIGATION
4. ESTIMATED WORK HOURS TO COMPLETE WORK ITEM: 25
5. ARE CONTRACT SERVICES REQUIRED? Yes IF SO, WHAT TYPE? Painting, Miscellaneous surface repairs
6. IS THIS A CARRY- OVER ITEM FROM 2021- 22? No
VAIL
PROPOSED BY:
Public Works Di or
12. / z'T 20 z z
DATE
-31-
2023 AND 2024
PROPOSED NEW WORK ITEM
ITEM: Fire Station # 3 HVAC System Replacement and Modification DEPARTMENTS RESPONSIBLE: Public Works
1. WHAT ARE THE KEY ELEMENTS OF THE WORK ITEM?
Remove existing HVAC system components and install new energy efficient system with ducted distribution throughout, including new thermostats and controls.
Funding Source: General Funds
2. WHY SHOULD THIS WORK ITEM BE CONSIDERED BY THE CITY
COUNCIL? WHAT IS THE SIGNIFICANCE OF THIS WORK ITEM?
In recent years the ageing HVAC system at Fire Station # 3 has required frequent repairs.
The current system is very specialized with proprietary controls and requires technical ability to perform maintenance and repairs. Several system components are currently inoperable, and repairs would be costly. The current system has been operating in bypass mode which is inefficient with very limited control. The proposed new system would be a conventional HVAC system with non-proprietary controls that would be more accessible to available technicians and flexible for occupants and staff.
3. ORIGIN OF ISSUE:
COUNCIL STAFF X
GEN. PLAN BOARD/COMMISSION
OUTSIDE REQUEST LEGAL OBLIGATION_
4. ESTIMATED WORK HOURS TO COMPLETE WORK ITEM: 32
5. ARE CONTRACT SERVICES REQUIRED? Yes IF SO, WHAT TYPE? Mechanical Engineering Services and HVAC Contractor.
6. IS THIS A CARRY- OVER ITEM FROM 2021- 22? No
REVIEWS
Ci nager
aL-1-2,9 /---? 2- — -
DATE
PROPOSED BY:
Public Works Dir or
1 z/ z-1 / z- 7- 1.
DATE
-32-
2023 AND 2024
PROPOSED NEW WORK ITEM
ITEM: Replace Fuel Dispensing System at Police Station
DEPARTMENTS RESPONSIBLE: Public Works
1. WHAT ARE THE KEY ELEMENTS OF THE WORK ITEM?
Replace existing fuel control and dispensing equipment for gas and diesel tanks.
Funding Source: General Funds
2. WHY SHOULD THIS WORK ITEM BE CONSIDERED BY THE CITY
COUNCIL? WHAT IS THE SIGNIFICANCE OF THIS WORK ITEM?
The fuel dispensing equipment at the Police Station is obsolete and repair parts are not readily available in the event there is a failure. Due to upgraded emission standards, new equipment that is available is not compatible with the existing system. As result, the pedestals, pumps, and controller need to be replaced at the same time.
3. ORIGIN OF ISSUE:
COUNCIL STAFF X
GEN. PLAN BOARD/ COMMISSION
OUTSIDE REQUEST LEGAL OBLIGATION_
4. ESTIMATED WORK HOURS TO COMPLETE WORK ITEM: 32
5. ARE CONTRACT SERVICES REQUIRED? Yes IF SO, WHAT TYPE? Fuel System Contractor
6. IS THIS A CARRY-OVER ITEM FROM 2021- 22? No
REVIEWED Y:
CiOATager
s 7
DATE
PROPOSED BY:
Public Works Dir c r
DATE
-33-
2023 AND 2024
PROPOSED NEW WORK ITEM
ITEM: Residential Solar On- line Permitting
DEPARTMENTS RESPONSIBLE: Building & Safety
1. WHAT ARE THE KEY ELEMENTS OF THE WORK ITEM?
Staff to develop a streamlined permitting process for the installation of small residential rooftop solar energy systems and residential energy storage systems. The permitting process would include the implementation of an online/ web based, permitting platform that verifies code compliance and allows for permit issuance online (using iWorQ services).
Funding Source: General Fund
2. WHY SHOULD THIS WORK ITEM BE CONSIDERED BY THE CITY
COUNCIL? WHAT IS THE SIGNIFICANCE OF THIS WORK ITEM?
This work program item will align with the State Energy Resources Conservation and Development Commission ( Energy Commission), which includes administering programs for the installation of solar energy systems.
The City currently offers expedited review under Ordinance 401 ( expedited & streamlined process for residential solar). The proposed on-line permitting process would significantly reduce or even eliminate delays in processing solar permits.
3. ORIGIN OF ISSUE:
COUNCIL
GEN.PLAN
OUTSIDE REQUEST
STAFF X
BOARD/ COMMISSION
LEGAL OBLIGATION X
4. ESTIMATED WORK HOURS TO COMPLETE WORK ITEM: 40
5. ARE CONTRACT SERVICES REQUIRED? No IF SO, WHAT TYPE?
6. IS THIS A CARRY-OVER ITEM FROM 2021- 22? No
REVIEWS Y:
IL4
Ci anager
2 24z
DATE
PROPOSED BY:
zed
C munity Development Di for
2 9 zZ
DATE
-34-
2023 AND 2024
PROPOSED NEW WORK ITEM
ITEM: Airport Gateway Specific Plan
DEPARTMENTS RESPONSIBLE: Planning / Public Works
1. WHAT ARE THE KEY ELEMENTS OF THE WORK ITEM?
Coordinate with SBIA, IVDA, City of San Bernardino, County of San Bernardino, EVWD and the San Manuel Band of Mission Indians to draft and adopt a Specific Plan for the corridor. Identify goals, vision and administrative procedures that will ensure the success north ofthe San Bernardino International Airport. During this process, the City will evaluate its existing Business Park and Industrial Zoning District permitted uses, and standards. The City will review the boundaries of the Business Park and Industrial Zoning District and explore ways to facilitate employment generating uses.
Funding Source: SBIAA/IVDA Funded ( nominal General Fund — Planning Division to conduct public meetings)
2. WHY SHOULD THIS WORK ITEM BE CONSIDERED BY THE CITY COUNCIL? WHAT IS THE SIGNIFICANCE OF THIS WORK ITEM?
It is in the City' s best interest to have input into the regional plan and work collaboratively with all other agencies affected. The City' s Business Park and Industrial Zoning Districts are strategically located close to the San Bernardino International Airport with exceptional access to SR210. The Districts also provide some of the best opportunity areas for local employment for the City. A detailed evaluation of the City' s existing Business Park and Industrial Zoning District uses, and standards are necessary to ensure the districts are permitting the appropriate mix ofuses consistent with the General Plan goals inclusive ofthe Economic Development Element.
3. ORIGIN OF ISSUE:
COUNCIL X STAFF
GEN. PLAN BOARD/ COMMISSION
OUTSIDE REQUEST X LEGAL OBLIGATION
4. ESTIMATED WORK HOURS TO COMPLETE WORK ITEM: 120
5. ARE CONTRACT SERVICES REQUIRED? No. IF SO, WHAT TYPE?
6. IS THIS A CARRY- OVER ITEM FROM 2021- 22? Yes.
DATE
PROPOSED BY:
ommunity Development ector
z1zz. DAT
-35-
2023 AND 2024
PROPOSED NEW WORK ITEM
ITEM: Annex Southeast Corner of Victoria & 5th Street
DEPARTMENTS RESPONSIBLE: Planning / Finance
1. WHAT ARE THE KEY ELEMENTS OF THE WORK ITEM?
A warehouse/ logistics development proposal at the southeast corner ofVictoria and 5th Street straddles the boundary ofthe City ofHighland and City of San Bernardino with the majority located in Highland. A Local Agency Formation Commission ( LAFCO) annexation application for approximately . 5 acres from San Bernardino to Highland is proposed.
Funding Source: Developer -funded Entitlement Application Fees
2. WHY SHOULD THIS WORK ITEM BE CONSIDERED BY THE CITY
COUNCIL? WHAT IS THE SIGNIFICANCE OF THIS WORK ITEM?
Allow for the orderly development ofBusiness Park uses in the City and adjust boundaries between the Cities in a way that provides for the ease of entitling the project and the provision of services following entitlement. It would be best ifthe entire property were one jurisdiction. The developer, San Bernardino staff and Highland staff agree that Highland is the logical choice as it contains most of the project footprint.
3. ORIGIN OF ISSUE:
COUNCIL STAFF X
GEN. PLAN BOARD/COMMISSION
OUTSIDE REQUEST X LEGAL OBLIGATION
4. ESTIMATED WORK HOURS TO COMPLETE WORK ITEM: 160
5. ARE CONTRACT SERVICES REQUIRED? No. IF SO, WHAT TYPE?
6. IS THIS A CARRY-OVER ITEM FROM 2021- 22? No.
DATE
PROPOSED BY:
mmunity Developme irector
lL? zz
DATE
-36-
2023 AND 2024
PROPOSED NEW WORK ITEM
ITEM: Host the Annual Citrus Harvest Festival
DEPARTMENTS RESPONSIBLE: Planning / Public Works / Public Services / Finance
1. WHAT ARE THE KEY ELEMENTS OF THE WORK ITEM?
Coordinate the 2023 and 2024 Citrus Harvest Festivals ( 25th and 26th Annual). Manage the vendors, historic home tour, car show, entertainment, marketing, and other aspects of the event.
Funding Source: Prior year' s proceeds and General Fund
2. WHY SHOULD THIS WORK ITEM BE CONSIDERED BY THE CITY COUNCIL? WHAT IS THE SIGNIFICANCE OF THIS WORK ITEM?
To foster public awareness of the City' s citrus heritage, Historic District, and cultural resources.
3. ORIGIN OF ISSUE:
COUNCIL
GEN.PLAN
OUTSIDE REQUEST
STAFF X
BOARD/ COMMISSION
LEGAL OBLIGATION
4. ESTIMATED WORK HOURS TO COMPLETE WORK ITEM: 300+
5. ARE CONTRACT SERVICES REQUIRED? No. IF SO, WHAT TYPE?
6. IS THIS A CARRY-OVER ITEM FROM 2021- 22? No.
REVIEWE BY:
City nager
DATE
PROPOSED BY:
munity Development i ctor
2 zzDATE
-37-
2023 AND 2024
PROPOSED NEW WORK ITEM
ITEM: Community Trails Signage ( Trail Identification and Way Finding Signage) DEPARTMENTS RESPONSIBLE: Planning / Public Works
1. WHAT ARE THE KEY ELEMENTS OF THE WORK ITEM?
2. 3.
4. 5.
6. Identify appropriate locations in need of community trail signage. The proposed tail signage will help identify the name ofthe city trail and/ or help users get to the trail head. These signs could also include helpful information, such as, but not limited to, length and interesting features/ facts/ history along the trails. The program will include a promotion of the City' s existing " Adopt a Trail" and " Mile Markers" programs, and a portion of the State' s Recreational Trails Program grant will be used to off -set the cost of manufacturing and installation of the new identification and wayfinding signs directing the public to the City' s Natural Parkland facility.
Funding Source: State Recreational Trails Grant and General Fund
WHY SHOULD THIS WORK ITEM BE CONSIDERED BY THE CITY
COUNCIL? WHAT IS THE SIGNIFICANCE OF THIS WORK ITEM?
The City currently has approximately 12 miles of constructed community trails with established names identified on an official trials map. The trails map showing the constructed trails is available on the City' s website. Some of the trails constructed have obvious identifying features such as white picket fencing, but most are hidden or not identified for the general public' s convenience, therefore signage would be helpful to guide them in the right direction.
ORIGIN OF ISSUE:
COUNCIL
GEN.PLAN
OUTSIDE REQUEST
STAFF
BOARD/COMMISSION CTC
LEGAL OBLIGATION
ESTIMATED WORK HOURS TO COMPLETE WORK ITEM: 80
ARE CONTRACT SERVICES REQUIRED? No. IF SO, WHAT TYPE?
IS THIS A CARRY-OVER ITEM FROM 2021- 22? Yes
REVIEWED BY:
Ci anager
2 2
DATE
PROPOSED BY:
mmunity Developme irector
lZ IzIr,
DAT
-38-
2023 AND 2024
PROPOSED NEW WORK ITEM
ITEM: Historically and Culturally Significant Art Program DEPARTMENTS RESPONSIBLE: Planning
1. WHAT ARE THE KEY ELEMENTS OF THE WORK ITEM?
Develop and implement a review and approve process for requests to install murals and artwork around the City with a focus on local historical and cultural significant images and events. This program is intended to reduce graffiti in the City and create an attractive community identity. It is envisioned that all proposed murals and artwork will be reviewed by the Planning Commission and City Council prior to installation.
Funding Source: General Fund, Business Donations, Grants
2. WHY SHOULD THIS WORK ITEM BE CONSIDERED BY THE CITY
COUNCIL? WHAT IS THE SIGNIFICANCE OF THIS WORK ITEM?
The City' s General Plan Chapter 10, Community Design Element Policies and Goals encourages the City to continue to identify opportunities to incorporate public art in conjunction with development and capital improvement projects. Once initiated, the work program will create a unified and attractive community identity. In addition, several billion dollars a year are spent in dealing with the illegal graffiti vandalism issues in the United States. If graffiti is not controlled or cleaned up quickly it can seriously affect the perception of crime within a community. The perception impacts the quality of life in Highland, decreases the value of real estate, and impacts local businesses. This Work Program is intended to deter and reduce graffiti, and to help the City' s public works graffiti clean- up efforts.
3. ORIGIN OF ISSUE:
COUNCIL
GEN.PLAN X
OUTSIDE REQUEST
STAFF X
BOARD/COMMISSION
LEGAL OBLIGATION
4. ESTIMATED WORK HOURS TO COMPLETE WORK ITEM: 100
5. ARE CONTRACT SERVICES REQUIRED? No. IF SO, WHAT TYPE?
6. IS THIS A CARRY- OVER ITEM FROM 2021- 22? No
REVIEWE - Y:
City ager
442,
DATE
PROPOSED BY:
mmunity Developmen erector
tZ Z LL
DAT
-39-
2023 AND 2024
PROPOSED NEW WORK ITEM
ITEM: Jeffrey Court Refinance ( term extension & unit upgrades) DEPARTMENTS RESPONSIBLE: Housing Authority
1. WHAT ARE THE KEY ELEMENTS OF THE WORK ITEM?
Facilitate the early repayment of loans by Housing Ventures I of their outstanding debts to the Housing Authority/Former Redevelopment Agency related to Jeffrey Court Senior Apartments on Central Avenue. The repayment will be accompanied by the extension of affordable housing covenants on the property for an additional 24 years. The repayment will assist Housing Ventures I in refinancing the project and making funds available for interior and exterior upgrades to Jeffrey Court.
Funding Source: Housing Authority
2. WHY SHOULD THIS WORK ITEM BE CONSIDERED BY THE CITY
COUNCIL? WHAT IS THE SIGNIFICANCE OF THIS WORK ITEM?
The project' s refinancing will upgrade and improve Jeffrey Court and will extend its affordable housing covenants. This will further the Housing Authority' s goals to create and maintain affordable housing in Highland.
3. ORIGIN OF ISSUE:
COUNCIL STAFF X
GEN.PLAN BOARD/ COMMISSION
OUTSIDE REQUEST X LEGAL OBLIGATION
4. ESTIMATED WORK HOURS TO COMPLETE WORK ITEM: 240
5. ARE CONTRACT SERVICES REQUIRED? Yes. IF SO, WHAT TYPE? Housing Consultant ( TKE) and Special Legal Counsel ( RWG).
6. IS THIS A CARRY- OVER ITEM FROM 2021- 22? No.
REVIEWE
City;00rager
z 2
DATE
PROPOSED BY:
munity Development irector
lz z zz
DATE
-40-
2023 AND 2024
PROPOSED NEW WORK ITEM
ITEM: Adoption of Vehicle Miles Traveled ( VMT) Guidelines DEPARTMENTS RESPONSIBLE: Planning / Engineering
1. WHAT ARE THE KEY ELEMENTS OF THE WORK ITEM?
The State has found that local government agencies should review a project' s traffic -related impacts in terms of "Vehicle Miles Traveled" instead of the more antiquated " Level of Service" method. The State as well as San Bernardino County have initiated modeling that determines traffic impacts and appropriate mitigation. However, it is a city' s prerogative to adopt its own standards specific to its land use patterns and traffic circulation so long as it is in keeping with the overall state guidelines.
Funding Source: Planning / Public Works Division General Fund
2. WHY SHOULD THIS WORK ITEM BE CONSIDERED BY THE CITY
COUNCIL? WHAT IS THE SIGNIFICANCE OF THIS WORK ITEM?
It would provide for more individualized standards relevant to the City of Highland instead ofrelying on the county -wide model.
3. ORIGIN OF ISSUE:
COUNCIL
GEN. PLAN
OUTSIDE REQUEST
STAFF X
BOARD/ COMMISSION
LEGAL OBLIGATION
4. ESTIMATED WORK HOURS TO COMPLETE WORK ITEM: 80
5. ARE CONTRACT SERVICES REQUIRED? Unknown. IF SO, WHAT TYPE?
6. IS THIS A CARRY- OVER ITEM FROM 2021- 22? No.
REVIEWE Y:
City nager
DATE
PROPOSED BY:
munity Development erector
jL zq
DATE
-41-
2023 AND 2024
PROPOSED NEW WORK ITEM
ITEM: Wakeland Affordable Housing Agreement and Ground Lease ( Central Ave) DEPARTMENTS RESPONSIBLE: Housing Authority
11 2.
3. 4.
5. 6.
WHAT ARE THE KEY ELEMENTS OF THE WORK ITEM?
The project is to secure an Affordable Housing Agreement ( AHA) between the Highland Housing Authority/ City of Highland and Wakeland Housing and Development Corporation.
The AHA and related Ground Lease will detail the development of an approximately 89 unit affordable senior housing community on 3. 75 acres owned by the Housing Authority.
Wakeland is a non-profit housing organization that responded to the Authority' s inquiry for a development partner to further the Authority' s efforts in building new affordable senior apartments in Highland.
Funding Source: Housing Authority
WHY SHOULD THIS WORK ITEM BE CONSIDERED BY THE CITY
COUNCIL? WHAT IS THE SIGNIFICANCE OF THIS WORK ITEM?
It has been a long term goal ofthe Housing Authority to develop affordable senior housing units at its property at 7433 Central Avenue. The 3. 75 acre property was purchased for this purpose which will construct approximately 89 affordable housing units with modern amenities to lower income senior citizens.
ORIGIN OF ISSUE:
COUNCIL
GEN. PLAN
OUTSIDE REQUEST
STAFF X
BOARD/COMMISSION
LEGAL OBLIGATION
ESTIMATED WORK HOURS TO COMPLETE WORK ITEM: 200
ARE CONTRACT SERVICES REQUIRED? Yes. IF SO, WHAT TYPE?
Housing Consultant ( TKE) and Special Legal Counsel ( RWG).
IS THIS A CARRY- OVER ITEM FROM 2021- 22? No.
REVIEWS Y:
City onager
2-A 1-2
DATE
PROPOSED BY:
mmunity Development erector
Z
DATE
-42-
CITY OF HIGHLAND
HOURS FOR ON -GOING ACTIVITIES
2023/ 2024
ADMINISTRATION
STAFF MEMBERS: Chuck Dantuono, Director of Administrative Services Leticia Nava -Cruz, Asst. Director of Administrative Services Michelle Gomez, Accountant
Lia Dominguez, Accounting Assistant II
Debbie Ludolph, Accounting Assistant If
Betty Hughes, City Clerk
Alondra Munoz, Deputy City Clerk
Lissette Nock, Administrative Assistant III
Bianey Fleming, Administrative Assistant I
Shawn Kasner, Administrative Services Manager
ACTIVITY CD LN- C MG LD DL BH AM LN BF SK TotalHours Legal Req.
Daily
General Clerical 155 180 60 50 10 150 150 595 30 1380
Deposits & Deposits Review 75 60 100 208 443
Dog Licensing ( New) 10 10 312 10 342 yes
Cash Register 10 10 312 10 342
Cash Log 25 5 5
100 135
Postage/ Mail 5 5 100 110
Administration 80 30
110
Petty Cash 20
20 Computer/ Equipment/ Network
803 803
Council Mail
50 50
Internal/ External Requests 110 200 310
Mail
150 150
Receptionists Duties
200 920 1120
Records Management 150 250 155 105 660
Scanning/Archiving Permanent
Records
50 200 315 375 940
Weekly
Accounts Payable/ Warrants 13 24 30 150 700 917 yes
Accounts Receivable 3 50 110 163
Purchase Orders 13 15 104 5
137 yes
Purchasing 2
153 155
Business Licenses ( New) 5 5 5 270 285 yes
Parking Cite Administration 5 42 47 yes
-43-
ACTIVITY CD LN- C MG LID DL BH AM LN BF SK
Total
Hours
Legal Req.
Project Accounting 10 145 760 915
Bi-Weekly
Payroll 13 52 75 104 244 yes
Training 24 24 24 24 24 120 yes
Warrant Registers 3 25
28 yes
Treasurer' s Report 12
12 yes
Council/ Subcommittee Meetings 30 30 30 30 120
Durinq the day)
Department Staff Meetings 24 24 24 24 24 25 25 25 25 220 Management Staff Meetings 35 35 35 35 140
Monthly
Month -End Journal Entries 24 36 24 84
Bank Statement Reconciliation 3 5 24 32
Dog License ( Renewals) 200 200 yes
Business License ( Renewals) 506 506 yes
Grants 65 100 165 yes
Inventory Distribution 47 47
Expenditure/ Revenue Account 12 40 10 62
Audits & Reports
Assessment District Admin. 5 52 57 yes
Developer in lieu Fees 6 6
12 yes
Mello -Roos ( CFD) & SA
25 25
Spreadsheets
Stop Payments/ Returned 3 5 30 5
43 ChecksNoid Checks
Utilities
10 10
Advertising
70 70 yes
Agendas
110 160 50 320 yes
Minutes
50 175 100 325 yes
Quarterly
Grants 10 150 50 210 yes
Payroll Tax Reports 1 20 20 41 yes
Interest Distribution 3 10 13 yes
Diesel Fuel Reports 10 10 yes
SMIP/ BSASR/ SB 1186 Reports 11 11 yes
Annually
Year -End Journal Entries 50 25 5
80 -44-
ACTIVITY CD LN- C MG LID D AM LN BF SKH
TotalHoursBH
Legal
Req. City
Audit 100 100 5 205 yes Special
Purpose Audits 10 20 30
yes Budget
250 150 10 20 5
435 yes Fee
Study 20 20 5 45 yes Grants
5 65 63 133 yes W2's and 1099' s 10 10 20 yes Award
Applications 2
2 State
Controller'sReports 20 20 yes AB
1600 DIF/ Dev Fees annual 2
2 4
yes reports
AB
2766 AQMD annual report 5
5 ROPS &
SA Debt 5 5
yes Work
Program 10 2 12
Fixed
Asset Inventory 15 15
yes Annual
Payroll Tax Reports 6
4 10 yes Investment
Policy/Reports5
5 yes CFD
Tax Levy/ Admin 130 130
yes FPPC
Filings ( campiagn/ ethics) 120
40 160 yes Goals &
Objectives 20 15 14 14 20 83 IT
Contract Maintenance 10
10 Miscellaneous
Personnel
125 15 20 160 yes IT
30 30
Disaster
Prepardness 5
5 Benefits
26 40 66
yes Staff
Reports 35 12 40 10 97 Worker'
s Compensation Claims 10 4 14 yes Seminars/
Conferences/ 15 15 15 4 2 51 Meetings
Personnel/
Benefits Requests 5 26 10 41 I
nvestments/ Wires 15 10 25
Financial
Software Maintenance 3
20 23
General
Ledger Maintenance 3 15 18
Refuse
Liens 10 10 20 yes Bids
20 15 5 40 yes
-45-
ACTIVITY CD LN- C MG LD DL BH AM LN BF SK
Total
Hours
Legal Req.
Bond Releases
20 10 30 yes
General Elections 80 40 120 yes
Special Projects 8 13 14 14 20 20 75 164
Lien Releases/ Recording 50 50 100 yes
Notary
80 40 20 140 yes
Passports
75 75 75 225
Public Record Requests 17 9
270 285 40 20 641 yes
Risk Management 228 80 308 yes
Total On -Going Activities 1725 1725 1725 1725 1725 1725 1725 1725 1725 863 16388 Staff Time Available 1725 1725 1725 1725 1725 1725 1725 1725 1725 863 16388 Time Available for Goals Per 0 0 0 0 0 0 0 0 0 0 0
Year
Total Hrs. Available for 2- Year 0 0 0 0 0 0 0 0 0 0 0
Work Program
-46-
CITY OF HIGHLAND
HOURS FOR ON -GOING ACTIVITIES
2023/2024
PUBLIC WORKS DEPARTMENT
STAFF MEMBERS: Carlos Zamano, Public Works Director/ City Engineer Matt Bennett, Assistant Public Works Director
Melissa Morgan, Public Services Manager
Jim Richardson, Public Works Manager
Ben Booth, Senior Civil Engineer
Carlos Florez, Public Works Coordinator
Denise Moreno, Volunteer Services Coordinator
Salli Wilson, Code Compliance Officer
Angel Halloway, Senior Maintenance Worker
Brandon Coleman, Maintenance Worker II
Gerald Peck, Maintenance Worker I
Jack Avon, Maintenance Worker I
Kevin Layne, Maintenance Worker II
Ryan Ramos, Maintenance Worker I
Jay Tuttle, Assistant Engineer
Christine Looper , Engineering Technician 11
CZ MB MM JR BB CF DM SW GP AH BC RR KL JT CL
Total
Hours
Legal
Req. ACTIVITY
Development Projects:
Planning790 Process 60
40 10
320
240
140
10 240
700
200
104
671671 10
724
1,
Engineering Process 1, 031
Non -Fee Generated Development
Capital Projects:
FeasibilityStud / CIP 120
200
160
20 300
80 10
20 20
20 20
40 40
5 20
5 20
20 60
10 200
40 18
8 30
40 5
263 16
248
80 00
70 1110
Grant Related Work
Design
Right -of -Way
Construction
Agency Coordination
Chamber Quarterly Construction Updates
Maintenance Assessment Districts:
6 4
60 10
70 40 60
136
En ineer' s Reports 114
General Administration
Maintenance Activities:
5 10
10 10
5 20
2 2
2 10
16 30
30 20
10 30
10 4
4 4
4 4
24 10
35 20
200
80 80
20 40
30 20
80 30
80 60
40 700
50 50
650
100
150
40 40
50 910
320
20 700
50 50
650
100
1 650
150
120
350
50 40
20 520
100
60 300
30 25
300
70 235
15 350
50 20
20 190
20 30
1, 486
85 1, 860
520
490
85 850
344
1, 024
2, 026
246
326
94 Landscape
Signal
Street
Storm Drain
Signing/Striping
Traffic Operations
Clean- up/ Weed Control
Fleet Maintenance
Graffiti Abatement
Parks
Trails
Tree Trimming
Street Lights
2 2
2 2
2 4
4 4
4 4
30 30
30 30
30 30
10 30
30 30
10 30
30 10 230
100
100
80 120
50 50
386
156
136
226
216
Building & Grounds Maintenance:
CityHall
Police Station
Fire Stations
Community Center
Libra
Public Services:
10 40
2 10
80 10
8 4
4 10
50 25
10 40
150
45 20
40 10
150
50 30
150
500
40 160 40 300 80 265 52
52 345
40 20
20 1, 912
272
50 544
44 Crossing Guard
Citizen Complaints
Public Inquiry
Street Lights
Street Sweeping
Athletic Field Administration
Related Work 4 10
14 Grant
Volunteer Services:
4 4
600
310
100
314
100
Safe Routes to School Programs
Highland Improvement Team Activities
Blood Drive Activities
Special Events
General Volunteer Administration
Public Inquiries 10
2 2
1 375
125
200 125
6 38327 127
335
-47-
CITY OF HIGHLAND
HOURS FOR ON -GOING ACTIVITIES
2023/ 2024
PUBLIC WORKS DEPARTMENT
STAFF MEMBERS: Carlos Zamano, Public Works Director/City Engineer Matt Bennett, Assistant Public Works Director
Melissa Morgan, Public Services Manager
Jim Richardson, Public Works Manager
Ben Booth, Senior Civil Engineer
Carlos Fiorez, Public Works Coordinator
Denise Moreno, Volunteer Services Coordinator
Salli Wilson, Code Compliance Officer
Angel Halloway, Senior Maintenance Worker
Brandon Coleman, Maintenance Worker II
Gerald Peck, Maintenance Worker I
Jack Avon, Maintenance Worker I
Kevin Layne, Maintenance Worker II
Ryan Ramos, Maintenance Worker I
Jay Tuttle, Assistant Engineer
Christine Looper, , Engineering Technician II
ACTIVITY CZ
Administration:
Management Staff Meetings 40
Department Meetings 24
General Su pervision/ Coordination 100
Goals/ Budget Preparation 50
City Stds./ De t. Policies/ Staff Reports 80
City Council Subcommittees 60
SBCTA/ Flood Control Meetings 60
Administrative Support
Weekly Newsletter/ Construction Project Updates 40
Energy Leadership Meetings
Mandated Program
Solid Waste
NPDES 10
Total On -Going Activities 1, 622
Staff Time Available 1, 725
Time Available for Goals Per Year 103
ToHrs. 206 Available for2-Year Work Pro . taf
-48-
CITY OF HIGHLAND
HOURS FOR ON -GOING ACTIVITIES
2023 / 2024
COMMUNITY DEVELOPMENT DEPARTMENT
Lawrence Mainez, Com Dev Dir/ HA Asst Exc Dir ( LM)
STAFF MEMBERS: Matt Wirz, Building Official ( MW)
Kim Stater, Assistant Com Dev Dir ( KS)
Ash Syed, Associate Planner ( AS)
Angela Tafolla, Assistant Planner ( AT)
Angelica Martinez, Planning Technician ( AM)
Camille Goritz, Admin. Assistant III ( CG)
Judith Jaurique, Housing Specialist ( JJ)
Justin Ramirez, Code Compliance Officer ( JR)
Barrie Owens, Code Compliance Officer ( BO)
Shannon Wisnizski, Administrative Assistant II ( SW)
Gary Chambers, Code Compliance Officer (GC)
Cecilia Hernandez, Permit Technician ( CH)
Craig Sanchez & Manny Huizar, Fire Marshals ( FM)
ACTIVITY
V{ {{ / lI
LM
1 KS
p
MW AS AT AM CG SR BO SW JR GC JJ CH FM
Total
Hours
Legal
Req.
Entitlements 80 200 50 390 390 80 110 1, 300 Yes
Ministerial Permits 10 50 10 90 90 590 25 865 Yes
Planning Permits 20 50 50 50 50 400 50 670 Yes
Env. Process 50 100 50 50 40 290 Yes
SMARA Process 20 40 5
65 Yes
AB 939 HHW & CR 20 20 Yes
Residentai) Rental Applications 35 40 40 15 40 1 20 190 Yes Planning M mt. 90 390
480 Yes
Building Permits / Plan Ck. 10 200 30 30 40 700 105 1, 115 Yes Bldg. Inspections 10 20 225 60 60 315 690 Yes
NPDES 10 15 50 10 10 15 110 Yes
Build. Safety M mt. 80 435 515 Yes
Building Code Enf. 25 20 100 20 20 160 95 115 555 Yes
Build Safety Records 25 20 30 150 30 30 1 200 485 Yes
Building Code Appeals Brd PC 5 5 15 25 Yes
CASp AB1379 DSA CWDG 5 40 100 145 Yes
Grading Permits 5 10 20 10 10 50 105 Yes
Grading Inspections 5 10 20 10 10 55 Yes
Bus, Licenses 10 5 10 10 20 75 20 75 40 75 340 Yes
Code Enf/ Quality of Life/ Homeless 100 100 940 885 860 2, 885 No Code Enf. M mt. 286
286 No
Code Enf. Records 30 40 290 420 295 295 1, 370 Yes
Appeals Brd PC 30 25 40 75 130 75 70 445 yes
Com Trails Committee CTC 20 140 110 270 Yes
Hist. Cult. Pres. Brd HCPB 15 90 10 150 40 140 445 Yes
Planning Commission PC 100 125 20 140 140 290 20 835 Yes City Council CC 140 45 25 60 60 50 10 10 10 1
410 Yes
COPS Com Oriented Problem Solving 40 40 80 No
Fire Marshal M mt. 75 100 175 Yes
Fire Case Management
155 155 Yes
Street Naming PC 5 5 5 15 30 Yes
Park/ Trail Planning CWDG 10 10 20 20 60 Yes
Emergency Planning 15 16 25 10 66 Yes
Weekly Re t
5 5 10 7 10 40 40 10 127 No
CDBG 75 150 20 65 310 Yes
Single Family Rehab 20 20 200 20 260 Yes
Grants 50 15 15 20 40 140 No
Econ Development 20 20 10 10 40 100 No
Housing Auth / Suc A . / Housin . 140 110
250 Yes
Wash / HCP 20 4 5 40 69 Yes
Citrus Harvest Fest. 10 120 240 32 30 10 5 4 340 5 796 No Chamber of Commerce Events 10 1 5 5
5 25 No
Trails Day Event 5 1 10 5 75 5 5 4
109 No
Public Records Request 15 20 10 10 10 10 10 10 40 5 5 23 5 173 Yes Gen. Clerical 20 20 10 80 80 40 650 572 40 40 95 85 1, 732 Yes Public Counter 15 40 100 183 183 355 80 1451 340 175 175 552 40 2, 383 Yes General Plan Implementation 24 60 80 1 80 1 1 I 1 244 1 Yes Total On -Going Activities 1, 725 1, 725 1, 725 1, 725 1, 725 1, 725 1, 725 305 1, 725 1, 725 1, 725 1, 725 540 1, 725 705 22, 250 Staff Time Available 1, 725 1, 725 1, 725 1, 725 1, 725 1, 725 1, 725 305 1, 725 1, 725 1, 725 1, 725 540 1, 725 705 22, 250 Time Available for Goals Per Year
Total Hrs. Avail. for 2-Year Pro
-49-
STAFF REPORT
TO THE CITY COUNCIL
DATE: February 14, 2023
FROM: Joseph Hughes, City Manager
REVIEWED BY: Carlos Zamano, Public Works Director/ City Engineer L/IL PREPARED BY: Brian D. Wolfe, Senior Engineer, TKE Engineering, Inc.
SUBJECT: HDR Contract Amendment for Professional Services — Victoria Avenue Street and Storm Drain Improvements ( Project No. str17002)
RECOMMENDATION: It is recommended that the City Council:
1. Approve a contract amendment to the Professional Services Agreement with HDR Engineering, Inc. ( HDR) to provide right- of-way and additional engineering services for the Victoria Avenue Street and Storm Drain Improvements; and
2. Authorize the City Manager to approve contract amendments up to 10% of the revised contract amount.
FISCAL IMPACT: On October 10, 2017, the City Council approved a professional services agreement with HDR in the amount of $ 371, 696 to provide engineering services for the Victoria Avenue Street and Storm Drain Improvements. The fund source of the original contract was 100% out of the $ 9, 356, 000 Community Credit Funds ( CCF) from the San Manuel Band of Mission Indians allocated to this Project. A 10% contingency in the amount of $37, 170 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.
City staff has not approved any extra work with HDR within the 10% contingency authorized by City Council. The current CCF balance is $ 7, 317, 900. The proposed contract amendment will increase the fee for professional services by $ 257, 299, for a total fee of $628, 995 a 69% increase. Funding source for the fee increase and 10% contingency, if necessary, is Community Credit Funds.
Approved Motion
Denied Ayes
Continued Noes
Tabled Abstain
Absent
City Clerk
Second Agenda Item No.
File No.
City Manager
-1-
In 2022, the city was awarded a $ 2 million federal grant for this project under the 2022 Appropriations Act. These funds are currently programmed in the construction phase in federal Fiscal Year 2024/ 2025. With the award of these funds, the project is now subject to compliance with federal requirements such as NEPA for environmental and Unform Act for right of way. The project impacts 21 parcels with 10 separate property owners which will require securing permanent easements and temporary construction easements for construction of the roadway improvements. While City staff had negotiated with 4 property owners, we need to follow Caltrans procedures which includes obtaining appraisal and appraisal review reports to help determine Just Compensation for the offers to secure all the necessary permanent and temporary easements. The contract amendment includes right-of-way acquisition services at a fee of $ 149, 649 which is 58. 2% of the contract increase.
PUBLIC NOTICE: Notices of Council Meeting agenda were posted at the three locations required by resolution.
BACKGROUND: This project consists of the improvement of Victoria Avenue between 3rd Street and 9th Street within the cities of Highland and San Bernardino. Highland is the lead agency. It has four major components:
1. Drainage Improvements — Victoria Avenue ( 3rd Street to 9th Street)
2. Intersection Improvements — Victoria Avenue/ 51h Street intersection
3. Street Improvements — Victoria Avenue (3rd Street to 6th Street)
4. Pavement Rehabilitation — Victoria Avenue ( 3rd Street to 9th Street) Storm drain facilities will be constructed on Victoria Avenue to remove the existing open ditch along the west side of Victoria Avenue. The proposed storm drain will discharge into the existing City Creek Channel along the south side of 3rd Street to intercept and convey street flows during a 100- year storm event via underground storm drains. The street improvements include construction of curbs, gutters, sidewalks, curb ramps, streetlights and pavement widening on both sides of Victoria Avenue between 3rd Street and 6th Street.
Recent improvements to 3rd Street have presented an opportunity for redesigning the storm drain system that will result in significant savings in construction costs to the city on this project. The contract amendment will authorize HDR to design a storm drain facility that will discharge into the channel at a higher elevation than was previously designed. Furthermore, reconstruction of over 1, 000 feet of the existing channel will no longer be necessary, resulting in reduction of construction cost. A background of project design changes is summarized below:
A private commercial development was conditioned to raise 3rd Street from Victoria Avenue to 1500 LF west of the Victoria / 3rd Street intersection.
The change in 3rd Street elevation enabled a new storm drain design that could discharge into the channel at a higher elevation, eliminating the need to lower the channel floor.
The design is approximately 90% complete. Supplemental design survey data is needed to modify the storm drain plans.
The existing 2009 geotechnical report needs to be updated to meet current design codes and criteria. The plans and specifications also need to be revised to comply with federal requirements.
Additional utility research and coordinate is needed to relocate utilities in conflict with the proposed project.
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Plats and legal descriptions will be prepared for 21 parcels.
This proposed contract amendment will enable 100% completion of right- of-way and easement acquisition, design documents, and account for all necessary project management including meetings with city staff.
Staff has negotiated the contract amendment with HDR and recommends approval by City Council.
Attachments:
A. Vicinity Map
B. HDR Proposal
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LEGEND
Drainage Improvements
Intersection Improvements
mm7m Street Improvements
COMMUNITY CREDIT FUND
Cities of Highland & San Bernardino
Victoria Avenue Improvements
March, 2019
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hdrinc. com
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December 20, 2022
Mr. Carlos Zamano
City of Highland
27215 Baseline Street
Highland, CA 92346
RE: 3rd and 5th Street Improvements
Proposal in connection with Contract No. str07002 Request — Engineering Services for the design of the Victoria Avenue Roadway and Storm Drain improvements.
Mr. Zamano,
This proposal is in connection with the City of Highland Contract No. str07002 for the design of the 5th Street Victoria Avenue Project.
Based on receiving additional funding the City is looking to restart and complete the final design package for the Roadway and Storm Drain improvement plans for Victoria Avenue. During the previous phase of work on the storm drain improvement, HDR analyzed two alignment options including preliminary cost estimates.
The two storm drain options for the final alignment of the Victoria Avenue Storm Drain ( VSD) from 9th Street to 3rd Street were:
VSD Alignment 1 Option — Considers storm drain in Victoria from 9th Street to 3rd Street as originally proposed. This work has been advanced to a 65% design level and has been submitted to the City for review.
VSD Alignment 2 Option — Considers storm drain in Victoria Avenue from 9th Street to 5th Street turning westerly on 5th Street to an open ditch to drain southerly to the City Creek channel south of 3rd Street.
After reviewing the options, the City selected option 1 for the final design. HDR prepared the Roadway and Storm Drain improvement to the 90% level for City review. At this time, a private commercial project was proposed along the south side of the City Creek Channel which required the raising of 3rd Street from the Victoria intersection to approximately 1500 LF west of the intersection. This raise in the roadway allowed for an alternative storm drain alignment to avoid excessive channel improvements, construction under the new bridge structure and significant cost savings.
Task 1 - Desian work for the Victoria Avenue Roadwa
Prepare improvement plans on Victoria Avenue from 3rd Street to 6th Street. This work has been advanced to a 90% design level but will need to incorporate modifications requested by the City and improvements completed since this project was placed on hold. HDR will prepare a 100%, and final bid package incorporating Plans, Specifications and Estimate ( PS& E). The work expected to be completed with this task includes:
2280 Market Street, Suite 100, Riverside, CA 92501
T 951. 320. 7300 F 951. 320. 7301
-5-
Collect supplemental design survey data as required to as -built improvements completed at the intersection of Victoria Avenue and 31d Street ( IVDA project) and extend easterly on 3rd street approximately 1500 linear feet.
Revise the topographic map graphically to include the supplemental survey data.
Finalize roadway improvement plans, signing and striping plans and lighting plans.
Finalize traffic signal plan.
Finalize traffic signal interconnect plans.
Prepare plats and legals for right of way acquisition.
Update the existing 2009 geotechnical report to meet current design codes and criteria.
Deliverables:
100% Plan Set
Revised Cost Estimate
Revised Project Specifications
Task 2 — Design work for Victoria Storm Drain
Based on the alternate alignment selected by the City, HDR will prepare final engineering plans and specifications for the VSD project. The work required to complete this task will include:
Update utility research and coordination.
Prepare final plans, specifications and estimates for alternative alignment.
Review and update the hydrology report if necessary.
Design the alternate alignment to tie- in at the existing City Creek Channel.
Design the channel typical section for concrete side slopes.
Identify additional right of way required.
Deliverables:
100% Plan Set
Revised Cost Estimate
Revised Project Specifications
Task 3 — Structural Design Work for 3rd Street Channel
Prepare channel improvement plans along 3rd St. at Hanger Way. The alternate alignment project proposes to replace approximately 350 ft of the existing storm drain to deepen the channel while providing connections to a proposed 4' x8' RCB and 32" RCP. This is new work and will be advanced to the 90% and 100% design level and will incorporate modifications requested by the City and improvements completed since this project was placed on hold. HDR will prepare a 90%, 100%, and final bid package incorporating Plans, Specifications and Estimate ( PS& E).
Tasks required for the 90% Design will include:
0 Prepare 90% level plans.
-6-
Review updated geotechnical recommendations.
Review updated H& H recommendations, if necessary.
Prepare structural calculations.
Perform independent review of design plans and calculations.
Prepare cost estimate based on 90% design plan.
Prepare draft project specifications.
Perform QA/QC of 90% deliverables.
Deliverables:
90% Plan Set
Cost Estimate
Checked Design Calculations
Project Specifications
Tasks required for the 100% Design will include:
Prepare 100% level plans.
Revise structural calculations, if necessary.
Prepare supplemental structural calculations, if necessary.
Revise cost estimate based on 100% design plan.
Revise project specifications.
Perform QA/QC of 100% deliverables.
Deliverables:
100% Plan Set
Revised Cost Estimate
Revised and Supplemental Design Calculations
Revised Project Specifications
Assumptions
Independent check of the design calculations and plan set is excluded as part of the scope of work. A detailed check of the plans and calculations will be performed per the HDR Quality Management Plan.
Specification will be prepared based on the Caltrans Standard Specification Environmental Clearance is not part of this scope.
As -Built information and CADD files will be made available for newly constructed roadway work.
A Storm Water Pollution Prevention plan ( SWPPP) or a Water Quality Management.
Plan ( WQMP) will not be required for this project and are excluded from this scope.
Landscape plans are not included in this scope. Work to be done by others.
Construction staging plans will be prepared by contractor.
Design of existing utility lines requiring relocations will be prepared by the utility owner and are not included in this scope.
City will provide title reports.
Potholing is not included in this scope
-7-
Task 4 — Right of Way Acquisition Services
Paragon Partners Consultants, Inc. ( Paragon) will provided the acquisition services needed for the Victoria Avenue Roadway Improvement Project (3rd St to 6th Street), in the City of Highland.
PROJECT UNDERSTANDING
The project impacts 21 parcels and ten ( 10) separate property ownerships which will require securing permanent easements and temporary construction easements for construction of roadway improvements. We understand that four of the property owners have already dedicated easements to the city, however we will still need to obtain temporary construction easements from these owners. We understand that the City is receiving federal funds for this project, so we will follow Caltrans guidelines which include obtaining appraisal and appraisal review reports to help determine Just Compensation for the offers and preparing Caltrans Right of Way Certification for Caltrans approval.
Paragon has reviewed the project Exhibits and Acquisition Log which has been provided. Our research of the property owners listed on the Acquisition Log revealed the following:
The owner, Jeff Jimenez, of APN 1192- 321- 06, sold his land to the San Manuel Band of Mission Indians.
Owner Nelson Brewart has passed away and the property is now owned by Martha P.
B rewa rt
Owner Estate of Parker Family Trust of 1192- 551- 02, is now owned by Lorraine C Volpone
Therefore, the following is the updated property owner and parcel count:
San Manuel Band of Mission Indians ( 10 Parcels)
Modeh LLC — 1192- 531- 15
Hector Manuel Cardenas Lopez — 119- 531- 32
Martha P. Brewart — 1192- 551- 01
Lorraine C. Volpone — 1192- 551- 02
Volpone Family Living Irrevocable Trust 4- 2003 — 1192- 551- 14; 1192- 551- 15 We understand that the city engaged in discussions with property owners from 2018 through 2019, then discussions ceased. Paragon anticipates the need to reengage with the previous property owners in order to obtain temporary construction easements, as well as introduce the project to the new owners.
APPRAISAL
Paragon will coordinate the preparation of appraisal reports that will be used for the proposed acquisition of the property rights required to support the City' s project. Appraisal reports will be used to establish the fair market value and become the basis for the determination of Just Compensation set by the City. A properly supported appraisal is one of the key factors in a successful and timely acquisition. It reinforces the offer amount presented to the property owner and is used in eminent domain. At times, appraisals are required for a pretrial exchange and necessitate eventual court testimony. Therefore, choosing a company with proven success in -8-
preparing appraisals and overseeing assignments, such as Paragon, is essential to successful project execution. All appraisals used to support federally funded projects or those resulting in the use of eminent domain will meet all local, state and federal requirements, including those set forth in the Uniform Standards of Professional Appraisal Practice ( USPAP).
APPRAISAL REVIEW
Each appraisal will be reviewed by our review appraisers and contain a Review Appraiser Certificate. Review appraisals will be provided for each appraisal, and in accordance with Caltrans, state and federal law and City policy, as required. Our appraisal reviewers will take the appropriate steps to identify the precise extent of the review process to be completed in the assignment. They will develop sound reasons in support of the Scope of Work decision, and the resulting opinions and conclusions will be credible and consistent with the intended use of the review. Review appraisals will be forwarded to the City for establishment of Just Compensation prior to the preparation of offers extended to acquire the proposed land rights for the project.
ACQUISITION/ NEGOTIATION
Paragon will perform the required acquisition services in accordance with the Caltrans Local Assistance Procedures Manual ( LAPM); the Uniform Relocation and Real Property Acquisition Act ( 49 CFR Part 24), as amended; Title 25 California Code of Regulations; California Code of Civil Procedures and the City' s own policies and procedures. Paragon' s approach is as follows:
Meet with the City to review the project scope, schedule and deliverables and prepare a right of way acquisition plan to ensure final delivery of all services.
Prepare and deliver a written monthly status report for the acquisition of each parcel and communicate regularly with the City verbally and/ or via email.
Review preliminary title reports, legal descriptions and plat maps to prepare for negotiations.
Prepare a letter requesting dedication of easement and/ or temporary construction easement for each parcel to be acquired, to include the following documents:
Offer letter, appraisal summary statement, purchase and sale agreement, escrow instructions, conveying instrument ( grant deed, permanent and/ or temporary construction easement, etc.), certificate of acceptance, plat maps, legal descriptions and Title VI information
Prepare and maintain a complete and separate file for each parcel. The file will include a parcel diary of all pertinent information and contacts made relative to the negotiations.
Personally meet and negotiate with each property owner, his or her agent or representative, commercial tenants or lessees in good faith and at appointed times convenient for them. The City will be notified if facts are discovered that were not considered in the offer of Just Compensation.
Promptly transmit executed documents to the City for acceptance and processing. A report/ transmittal summarizing the pertinent data relative to the transaction will be included. • Coordinate the opening of escrows, assist the escrow company in obtaining additional documentation, as necessary, to provide clear title to the City, supervise and review the closing of all escrows, and review all closing statements for completeness and accuracy.
As required, coordinate with Caltrans and prepare all of the necessary certifications, as required by Chapter 13, Section 13. 10 of the Caltrans Local Assistance Procedures -9-
Manual, and ensure that all schedules of right of way certifications are met before the project proceeds to construction.
Review the acquisition file for completeness, quality control and accuracy and then return the file to the City for proper record retention based on their policies and procedures or funding source requirements. We will also be available to assist the City with any file audits.
RIGHT OF WAY CERTIFICATION
The final phase of the right of way program is right of way certification which documents that the construction project is ready for advertising. If required, during this process, Paragon will coordinate and attend certification planning activities and meet with the City, Caltrans Right of Way and Local Assistance staff, and the project partners to determine project requirements and the certification level required to meet the project construction schedule. In addition, Paragon will coordinate with the project engineer and the utility relocation manager to ensure their respective activities have been completed in compliance with applicable laws and regulations.
Assumptions
Right of way acquisition services will be provided for services for 21 parcels, 10 owners.
A legal description and plat map will be provided to Paragon for each property right dedication by the City.
Preliminary title reports will be provided to Paragon by the City.
Escrow fees will be paid directly by the City.
Fees are based on a 13- month project duration.
HDR fee to provide these services is $ 387, 299.00. We appreciate this opportunity to continue supporting the City on this important project. Please see attached fee proposal for the cost breakdown.
If you have any questions, please call Chuck Christoplis at (951) 320- 7303 Respectfully,
HDR Engineering, Inc.
Tom Kim, P. E. Charles P. Christoplis
Principal - in -Charge Senior Project Manager
Senior Vice President
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-12-
STAFF REPORT
TO THE CITY COUNCIL
DATE: February 14, 2023
FROM: Joseph A. Hughes, City Manager
PREPARED BY: Chuck Dantuono, Director of Administrative Services/ City Treasurer Z52CL) SUBJECT: Resolution No. 2023- amending the hourly rates for various categories of legal services of the City Attorney' s Office ( Richards, Watson & Gershon).
RECOMMENDATION: That the City Council approve Resolution No. 2023- amending the hourly rates for various categories of legal services of the City Attorney' s Office Richards, Watson & Gershon).
FISCAL IMPACT: General Municipal Services hour rate increase of $20 per hour and General Litigation Services increase of $20 per hour.
PUBLIC NOTICE: The agenda for this item was posted at the three required locations.
BACKGROUND: The last rate increase for the City Attorney' s Office, Richards, Watson & Gershon ( RWG) was approved in February 2019. Due to recent fiscal uncertainty, RWG did not request any adjustments during 2021 or 2022. With the recent rates of inflation, RWG feels it is necessary to request that the City Council approve of rate increases effective February 15, 2023. Also requested is approval of an annual rate adjustment in the future, starting in 2025, not to exceed 4%, in any year.
The proposed rates are reflected in attachment 1. The current rates are reflected in attachment 2.
Attachments:
1. Proposed Resolution No. 2023-??? amending Exhibit A along with a letter from RWG requesting rate increase.
2. Resolution No. 2019- 005 ( Current rate sheet).
Approved Motion Second
Denied Ayes
Continued Noes
Tabled Abstain
Absent
E -..
Agenda Item No.
File No.
City Clerk City Manager
-1-
Attachment # 1
Proposed Resolution No. 2023-??? amending Exhibit A along with a letter from RWG requesting rate increase.
-2-
RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF HIGHLAND APPROVING A NEW EXHIBIT A TO THE LEGAL
SERVICES AGREEMENT BETWEEN THE CITY OF HIGHLAND AND RICHARDS, WATSON & GERSHON, AND DESIGNATING MARICELA E. MARROQUIN AS CITY
ATTORNEY AND CRAIG STEELE AS SENIOR ASSISTANT CITY ATTORNEY
THE CITY COUNCIL OF THE CITY OF HIGHLAND DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. The City Council hereby approves the amendment to the Legal Services Agreement between the City and Richards, Watson & Gershon by inserting Exhibit A as attached hereto in place of the existing Exhibit A. All other provisions of the agreement shall remain in full force and effect.
Section 2. Maricela E. Marroquin of Richards, Watson & Gershon is hereby designated as City Attorney of the City of Highland. Craig Steele of Richards, Watson & Gershon is hereby designated as Senior Assistant City Attorney. The firm may continue to designate such other attorneys to serve the City as the City Attorney deems necessary.
Section 3. The changes approved herein shall take effect as of February 15, 2023.
Section 4. The City Clerk shall attest to the adoption of this Resolution and submit an executed copy of the Resolution to Richards, Watson & Gershon forthwith.
PASSED, APPROVED and ADOPTED this 14th day of February 2023.
Larry McCallon, Mayor
ATTEST:
Betty Hughes, MMC, City Clerk
2256822_ 1
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RWG
LAW
January 25, 2023
VIA ELECTRONIC MAIL
Joseph R. Hughes
City Manager
City of Highland
27215 Base Line
Highland, California 92346
Re: Request for 2023 Rate Adjustment
Dear Joe:
Craig A. Steele
T 213. 626. 8484
F 213. 626. 0078
F csteele@rwglaw. com
350 South Grand Avenue
37th Floor
Los Angeles, CA 90071
rwglaw. com
Richards, Watson & Gershon (" RWG") requests that the City approve adjustments to our hourly rates for various categories of legal services as detailed in the attached proposal for a new Exhibit A" to our contract.
As you may recall, our last rate adjustment was approved in February of 2019 and had a scheduled General Services rate increase that took effect in January of 2020. Thus, our rates remained the same for three or four years depending on the category of service. Due to the fiscal uncertainties at the time, we did not request an adjustment in our rates for 2021 or 2022. With recent rates of inflation, we find it necessary to request the City Council' s approval of these increases, to be effective February 1, 2023. The changes we are requesting, as a percentage, are less than the CPI increase since the prior rates were approved.
As is now standard with our general counsel clients, we also are requesting approval of an annual rate adjustment in the future, starting in 2025, consistent with the CPI increase from the previous October to the most recent October, not to exceed 4% in any year. This gives both the City and RWG some level of certainty, and avoids the situation where we have to request a larger increase because we skipped a year or two. That CPI provision included in the attached rate sheet also allows the City Manager and City Attorney to reduce or eliminate the CPI increase in a given year due to the City' s fiscal condition.
Las At i' elE San Francisco Orange County Temecula Central Coast -4-
Joseph R. Hughes
January 25, 2023 Page 1 2
We would be happy to discuss these proposed changes with you, if necessary, and we would appreciate the City Council' s consideration of the new Exhibit A to our contract as soon as possible. As always, we value our relationship with the City and look forward to continuing that relationship going forward.
Please let me know if you have comments or questions.
Very truly yours,
3 g A. Steele
cc: Maricela Marroquin, Esq.
11026- 0001\ 2675518v1. doc
RICHARDS V
I
TSON QERSHON
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EXHIBIT A
RICHARDS, WATSON & GERSHON
HOURLY RATES FOR THE CITY OF HIGHLAND
EFFECTIVE FEBRUARY 15, 2023
General Municipal Services. Provide legal advice on municipal law matters, attendance at City Council and Commission meetings, workshops, staff meetings, preparation of routine ordinances and resolutions, and review and approval of standard agreements, and other services described in Section 6 of the Legal Services Agreement. This work shall not include other categories of services listed in this Exhibit and designated by the Firm with a separate special services billing number. The hourly rates for this work are:
All Attorneys 190 as of February 15, 2023
200 as of February 1, 2024
Tort Defense Litigation. Defense or prosecution of personal injury, death or property damage litigation based on alleged negligence or dangerous conditions of public property. The hourly rates for this work are:
Shareholder Rate 225
Senior Attorney Rate 215
Associate Rate 210
General Litigation. Litigation involving defense or prosecution of writs of mandate, injunctions, breach of contract, inverse condemnation, eminent domain, election proceedings, or administrative proceedings, except as otherwise provided in this Exhibit for third party reimbursed matters. The hourly rates for this work are:
Shareholder Rate 280
Senior Attorney Rate 255
Associate Rate 245
Third Party Reimbursed Services. Advisory or litigation fees reimbursed by a third party, such as a private developer, shall be billed at the firm' s then -standard hourly rates less 15%, not to exceed $400 per hour.
Code Enforcement. Pre -litigation advice, administrative proceedings and litigation initiated by the City to enforce the Highland Municipal Code or other State or local laws or regulations. The hourly rates for this work are:
All attorneys blended rate 215
2011164. 3 - 1- January 1, 2023
-6-
Land Use Projects. The drafting and negotiation of all development agreements, drafting and negotiation of land use entitlements for significant land use projects, specialized advice and representation on general plan, housing and zoning issues, and other related specialized legal advice and services that do not fall within the General Municipal Services category and are not reimbursed by a third party. The hourly rates for this work are:
Shareholder Rate 275
Senior Attorney Rate 250
Associate Rate 240
Personnel and Labor Relations. Non -litigation advice concerning employee hiring and termination, compensation and benefits, labor negotiations, administrative hearings relating to personnel and labor matters. The hourly rates for this work are:
Shareholder Rate $ 275
Senior Attorney Rate $ 250
Associate Rate $ 240
Environmental. Legal work concerning state and federal hazardous waste laws, water quality matters including CERCLA and NPDES, compliance audits, appearance before state and federal agencies concerning enforcement actions or permit applications, and litigation relating to such issues. The hourly rates for this work are:
Shareholder Rate 275
Senior Attorney Rate 250
Associate Rate 240
Other Special Services Designated by the Firm. Legal services provided by attorneys other than the designated City Attorney, in specialized areas of the law such as real estate, annexations and reorganizations, administrative hearings, water rights, etc.
Shareholder Rate $ 275
Senior Attorney Rate $ 250
Associate Rate $ 240
Public Finance Matters. For providing services as bond counsel, disclosure counsel, or counsel to the issuer, Law Firm shall be paid at a composite hourly rate of $405. The total fee shall not exceed an amount which the City Manager, in consultation with the Finance Director, deems fair and reasonable under the circumstances.
Paralegal Rate ( for all matters) 150
2011164.3 - 2- January 1, 2023
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As of February 1, 2025 and annually thereafter, the rates on this Exhibit A shall be adjusted by the annual percentage increase in the locally applicable Consumer Price Index ( CPI- U) from October to October, not to exceed 4% in any year. For any given single year, based on fiscal conditions in the City, the City Manager and City Attorney may agree to delay, reduce, or eliminate such an increase.
2011164. 3 - 3 - January 1, 2023
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Attachment # 2
Resolution No. 2019- 005 ( Current rate sheet).
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RESOLUTION NO. 2019- 005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA,
APPROVING A NEW EXHIBIT A TO THE LEGAL SERVICES AGREEMENT BETWEEN
THE CITY OF HIGHLAND AND RICHARDS, WATSON & GERSHON, AND DESIGNATING MARICELA E. MARROQUIN AS CITY ATTORNEY AND
CRAIG STEELE AS SENIOR ASSISTANT CITY ATTORNEY
THE CITY COUNCIL OF THE CITY OF HIGHLAND DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. The City Council hereby approves the amendment to the Legal Services Agreement between the City and Richards, Watson & Gershon by inserting Exhibit A as attached hereto in place of the existing Exhibit A. All other provisions of the agreement shall remain in full force and effect.
Section 2 Maricela E. Marroquin of Richards, Watson & Gershon is hereby designated as City Attorney of the City of Highland. Craig Steele of Richards, Watson & Gershon is hereby designated as Senior Assistant City Attorney. The firm may continue to designate such other attorneys to serve the City as the City Attorney deems necessary.
Section 3. The changes approved herein shall take effect as of February 1, 2019.
Section 4. The City Clerk shall attest to the adoption of this Resolution and submit an executed copy of the Resolution to Richards, Watson & Gershon forthwith.
PASSED, APPROVED AND ADOPTED this 22d day of January, 2019 n_ I \_ 1
1 4- k)
Penny Lilburn
Mayor
ATTEST:
lx:;-,
Betty Hughes, MMC
City Clerk
c \ users\ bhughes\ documentslmy documents\ resords\ 20191res 19- 05 doc 2256822_ 1
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RICHAR0 RICHARDS
19i6- 1988)
GLENN R WATSON
1917- 2010)
HARRY L. GERSHON
1922- 2007)
STEVEN L. DORSEY
WILLIAM L. STRAUSZ
GREGORY W STEPANICICH
QUINN M. BARROW
CAROL W LYNCH
GREGORY M KUNERT
THOMAS M ) IMSO
ROBERT C. CECCON
STEVEN H. KAUFMANN
KEVIN G ENNIS
ROBIN D. HARRIS
MICHAELESTRADA
LAURENCE S WIENER
8 TILDEN KIM
SASKIA T ASAMURA
KAYSER O SLIME
PETER M TH0RSON
JAMES L. MARKMAN
CRAIG A. STEELE
T. PETER PIERCE
TERENCER BOGA
USA BOND
ROXANNE M. DIAZ
JIM G GRAYSON
ROY A. CLARKE
MICHAEL F YOSHISA
REGINA N DANNER
PAULA GUTIERREZ BAEZA
BRUCE W GALLOWAY
DIANA K. CHUANG
PATRICK K. BOSKO
DAVID M SNOW
LOLLY A. ENRIQUEZ
GINETTA L. GICIVINCO
TRISHA ORTIZ
CANOICE K. LEE
ENNIFER PETRUSIS
STEVEN L. FLOWER
TOUSSAINT S BAILEY
AMY GREYSON
DEBORAH R HAKMAN
D CRAIG FOX
MARICELA E MARROQUiN
SERITA R YOUNG
INDER KHALSA
WHITNEY G, MCDONALD
SEAN 8 GIBBONS
STEPHANIE CAO
PATRICK D SKAHAN
STEPHEN D LEE
YOUSTINA N. AZIZ
BRENDAN KEARNS
KYLE H BROCHARD
NICHOLAS R GHIRELLI
ISRA SHAH
ISAAC M. ROSEN
ROMTIN PARVARESH
ANDREW R CONTREIRAS
OF COUNSEL
MITCHELL E ABBOTT
ROCHELLE BROWNE
TERESA HO URANO
DIANA H VARAT
SAN FRANCISCO OFFICE
TELEPHONE 415 421 8484
ORANGE COUNTY OFFICE
TELEPHONE 714 990 0901
TEMECULA OFFICE
TELEPHONE 951 695 2373
CENTRAL COAST OFFICE
TELEPHONE 805 439 3515
116,4kVi RICHARDS I WATSON I GERSHON
VNIV ATTORNEYS AT LAW - A PROFESSIONAL CORPORATION
355 South Grand Avenue, 4oth Floor, Los Angeles, California 90071- 3101 Telephone 213 626 8484 Facsimile 213 626 0078
October 28, 2016
VIA ELECTRONIC MAIL & U. S. MAIL
Joseph Hughes
City Manager
City of Highland
27215 Base Line
Highland, California 92346
Re: Legal Services Hourly Rates
Dear Joe:
V D
UC T 3 1 2016
CITY OF HIGHLAND
As we discussed, Richards, Watson R. Gershon requests that the City approve increases to our hourly rates for various categories of legal services as detailed in the attached proposal for a new " Exhibit A" to our contract As you may recall, our last rate increase was effective July 1, 2011 and we committed to keep those rates in effect through June 30, 2013. We have actually kept the approved rates the same for almost five years. Generally, we are requesting an increase of $ 10 per hour across the board for various categories of service, with the exception of general litigation services where the requested increase is $ 15 per hour.
Slightly higher litigation rates help us keep the rates for general services, the City' s biggest service need, at a rate that is generally considered below industry standard.
The $ 10 per hour increase in most categories is less than the rate of inflation since 2011.
We have added a new specified rate in the rate schedule, for public finance services.
For many years, cities have typically determined the compensation for bond counsel and other finance professionals based on the size of a bond issue at industry -accepted prices. The California Attorney General has recently issued advice discouraging that practice, and we are amending our client contracts accordingly. This proposed rate sheet includes a standard hourly rate for finance transactions, but limits the total amount to be paid to not exceed a reasonable total fee determined by the City Manager. In this way, the City will not incur new and larger issuance costs in finance transactions.
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RICHARDS I WATSON ! GERSHON
ATTORNEYS AT LAW - A PROFESSIONAL CORPORATION
Joseph Hughes
October 28, 2016
We would appreciate the City Council' s consideration of the new Exhibit A to our contract as soon as possible. We propose to impose the new rate structure as of January 1, 2017.
Please contact me if you have questions Thanks.
Very t you
raig A. Steele
Attachment
cc: Chuck Dantuono, Director of Administrative Services 110zb- 0001u01116zv i doc
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EXHIBIT A
RICHARDS, WATSON & GERSHON
HOURLY RATES FOR THE CITY OF HIGHLAND
EFFECTIVE FEBRUARY 1, 2019 — DECEMBER 31, 2020
General Municipal Services. Provide legal advice on municipal law matters, attendance at City Council and Commission meetings, workshops, staff meetings, preparation of routine ordinances and resolutions, and review and approval of standard agreements, and other services described in Section 6 of the Legal Services Agreement. This work shall not include other categories of services listed in this Exhibit and designated by the Firm with a separate special services billing number. The hourly rates for this work are:
All Attorneys 160 through December 31, 2019
170 as of January 1, 2020
Tort Defense Litigation. Defense or prosecution of personal injury, death or property damage litigation based on alleged negligence or dangerous conditions of public property. The hourly rates for this work are:
Shareholder Rate 220
Senior Attorney Rate 210
Associate Rate 205
General Litigation. Litigation involving defense or prosecution of writs of mandate, injunctions, breach of contract, inverse condemnation, eminent domain, election proceedings, or administrative proceedings, except as otherwise provided in this Exhibit for third party reimbursed matters. The hourly rates for this work are:
Shareholder Rate 260
Senior Attorney Rate 235
Associate Rate 225
Third Party Litigation. Litigation fees reimbursed by a third party, such as a private developer, shall be billed at the firrn' s then -standard hourly rates less 15%, not to exceed $ 395 per hour.
Code Enforcement. Pre -litigation advice, administrative proceedings and litigation initiated by the City to enforce the Highland Municipal Code or other State or local laws or regulations. The hourly rates for this work are:
All attorneys blended rate 195
20111642 - 1- Febmary 1, 2019
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Land Use Projects. The drafting and negotiation of all development agreements, drafting and negotiation of land use entitlements for significant land use projects, specialized advice and representation on general plan, housing and zoning issues, and other related specialized legal advice and services that do not fall within the General Municipal Services category. The hourly rates for this work are:
Shareholder Rate 255
Senior Attorney Rate 230
Associate Rate 220
Personnel and Labor Relations. Non -litigation advice concerning employee hiring and termination, compensation and benefits, labor negotiations, administrative hearings relating to personnel and labor matters. The hourly rates for this work are:
Shareholder Rate 255
Senior Attorney Rate 230
Associate Rate 220
Environmental. Legal work concerning state and federal hazardous waste laws, water quality matters including CERCLA and NPDES, compliance audits, appearance before state and federal agencies concerning enforcement actions or permit applications, and litigation relating to such issues. The hourly rates for this work are.
Shareholder Rate 270
Senior Attorney Rate 240
Associate Rate 220
Other Special Services Designated by the Firm. Legal services provided by attorneys other than the designated City Attorney, in specialized areas of the law such as real estate, annexations and reorganizations, administrative hearings, water rights, etc. C Shareholder Rate 255
Senior Attorney Rate 230
Associate Rate 220
Public Finance Matters. For providing services as bond counsel, disclosure counsel, or counsel to the issuer., Law Firm shall be paid at a composite hourly rate of $405. The total fee shall not exceed an amount which the City Manager, in consultation with the Finance Director, deems fair and reasonable under the circumstances
Paralegal Rate (for all matters) 120
2011164. 2 - 2- February 1, 2019
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF HIGHLAND
i, BETTY HUGHES, MMC, City Clerk of the City of Highland, California, do hereby certify Resolution No. 2019- 005 was duly and regularly adopted by the City Council of the City of Highland, California, at a regular meeting thereof held on the 22nd day of January, 2019, by the following vote:
AYES- Chavez, Lilburn, McCallon, Solano, Timmer
NOES: None
ABSTAIN. None
ABSENT: None
Dated this 23rd day of January, 2019
BETTY H GHES, MC
CITY CL K
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STAFF REPORT
TO THE CITY COUNCIL
DATE: February 14, 2023
FROM: Joseph A. Hughes, City Manager
PREPARED BY: Betty Hughes, MMC, City Clerk
SUBJECT: City Manager Report and Comments
Work Program, Regional/ Legislative/ Development Issues, Subcommittees, etc.)
RECOMMENDATION: Discussion and possible action.
Approved
Denied
Motion
Ayes
Continued Noes
Tabled Abstain
Absent
Second Agenda Item No.
File No.
City Clerk City anager
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STAFF REPORT
TO THE CITY COUNCIL
DATE: February 14, 2023
FROM: Joseph A. Hughes, City Manager
PREPARED BY: Betty Hughes, MMC, City Clerk
SUBJECT: Council Member Comments
Agency/ Committee/ AB1234 Reports, District Updates, etc.) RECOMMENDATION: Discussion and possible action.
Approved Motion
Denied Ayes
Continued Noes
Tabled Abstain
Absent
1) tl/
City Clerk
Second Agenda Item No.
File No.
Ci anager
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