Agenda, regular meeting, second session — Highland City Council, July 11, 2023

CITY OF HIGHLAND

CITY COUNCIL
AGENDA

CITY COUNCIL MEMBERS
Larry McCallon, Mayor
Penny Lilburn, Mayor Pro Tern
Jesse Chavez -Cordova, Council Member
Anaeli Solano, Council Member
John P. Timmer, Council Member

REGULAR MEETING
July 11, 2023
6: 00 p. m.

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

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

Visit the City' s website at: www. citvofhighland. org
CITY OF HIGHLAND • 27215 BASE LINE • HIGHLAND, CALIFORNIA 92346 • ( 909) 864- 6861 2 • (909) 862- 3180 A -1-
In compliance with the Americans with Disabilities Act ( ADA), if you need special assistance, please contact the City Clerk' s office at (909) 864- 6861, ext. 226, at least 72 hours prior to the meeting for any requests for reasonable accommodation to include interpreters.

Pursuant to Government Code Section 54957. 5, any disclosable public records related to an open session item on a regular meeting agenda and distributed by the City of Highland to all or a majority of the City Council less than 72 hours prior to that meeting are available for public inspection at City Hall, 27215 Base Line, Highland, CA 92346, during normal business hours.

Submission of Public Comments: For those wishing to make public comments by email to be read aloud at the meeting, please submit your comments by 5: 00 p. m. on July 11, 2023, to the City Clerk at publiccomment( a_cityofhighland. org. If you are submitting apublic comment pertaining toan item on the July 11, 2023 agenda, please identify the agenda item number in the subject line. For
those wishing to make a public comment regarding apublic hearing item (No. 8), please identify the agenda item in the subject line. Comments can be submitted any time prior to the meeting, as well as during the meeting up until the close of the public hearing on the corresponding item to be considered part of the record. Please email your comments topubliccomment(acityofhighland. orq. All
email comments shall be subject tothe same rules as would otherwise govern speaker comments atthe Council meeting. Members ofthe public will be permitted to make public comments inperson. CITY

COUNCIL REGULAR MEETING JULY
11, 2023 - 6:00 p.m. AGENDA
CALL

TO ORDER INVOCATION
PLEDGE

OF ALLEGIANCE ROLL

CALL REPORT

FROM CLOSED SESSION SPECIAL
PRESENTATIONS Proclamation
Redlands
Bicycle Classic 07.

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

Comments received via email by July 11, 2023, 5: 00 p. m., will be read into the record, provided that the reading shall not exceed three ( 3) minutes. Email comments submitted by a speaker that also appears in person to address the same matter will not be read into the record.

CITY COUNCIL CONSENT CALENDAR

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

2. Minutes — June 13, 2023 City Council Regular Meeting RECOMMENDATION: Approve the Minutes as submitted.

3. Warrant Register
RECOMMENDATION: Approve Warrant Register No. 755 for July 11, 2023, in the amount of $ 6, 381, 870. 33 and Payroll of $ 210, 969. 15.

4. Treasurer' s Report for May 2023
RECOMMENDATION: That the City Council receive and file Treasurer's Report for May 2023.

5. Claim Consideration — Jehad Abujoudeh
RECOMMENDATION: George Hills Company recommends Council reject claim.

6. Second Reading of Zone Change ( ZC 23- 001): Ordinance No. 460 of the City of Highland Changing the Zoning Designation of Seven (7) Parcels from Industrial ( 1) to Business Park ( BP)
RECOMMENDATION: That the City Council conduct a second reading of Zone Change ( ZC 23- 001), read by title only, and waive further reading of Ordinance No. 460 changing the zoning designation of seven ( 7) parcels from Industrial ( 1) to Business Park ( BP).

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7. Engineerinq Resources of Southern California ( ERSC) Amendment for Professional Design Services — Sycamore Drive Storm Drain, Project sdr06002 RECOMMENDATION: That the City Council:
1) Approve an amendment to the professional services agreement with ERSC for design revisions and construction support for the Sycamore Drive Storm Drain, Project sdr06002; and
2) Authorize the City Manager to approve contract amendments up to 10% of the revised contract amount.

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

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

For those wishing to make a public comment regarding a public hearing item ( No. 8), please identify the agenda item in the subject line. Comments can be submitted any time prior to the meeting, as well as during the meeting up until the close of the public hearing on the corresponding item to be considered as part of the record.

Please email your comments to pub IiccommentCa)-cityofhighland. org. The City Clerk shall read all email comments provided that the reading shall not exceed three ( 3) minutes because this is the time limit for speakers ata Council Meeting. 8.

Consideration ofa Resolution to Adiust the Business Tax on the Extraction and/or Processing of Rock, Sand and Gravel ( Aggregate) Pursuant to Title 5 (Business Licenses and Regulations), Chapter 5.17 ( Business License Tax on Extraction and/ or Processing of Rock, Sand and Gravel [ Aggregate]), Section 5.17. 040 Rock, Sand and Gravel [ Aggregatej), Section 5.17. 040 ( Rock, Sand and Gravel Ag_ gregatel Extraction and Processing Tax) RECOMMENDATION:

That the City Council adopt Resolution No. 2023- fixing the Highland Business License Tax on the extraction and/or processing of rock, sand and gravel ( aggregate) for Fiscal Year 2023- 2024. 07.

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CITY COUNCIL LEGISLATIVE

9. Pavement Management Program 2023 Update
RECOMMENDATION: The Public Works Subcommittee recommends the City Council approve Scenario 1- B of the Pavement Management Program ( PMP) 2023 Update and project location maps for implementation of the 5- year PMP.

10. Appoint One ( 1) Member of the Public to the Historic and Cultural Preservation Board
RECOMMENDATION: That the City Council appoint one ( 1) member of the public to the Historic and Cultural Preservation Board.

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

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

ANNOUNCEMENTS

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

One case.

ADJOURN
Regular Meetings
Effective March 1, 2022, pursuant to Resolution No. 2022- 001, the regular City Council meetings will be held once a month on the second Tuesday of each month. 2023
August 8; September 12; October 10; November 14; December 12 I, Betty Hughes, City Clerk, certify I caused to be posted this Agenda on or before July 6, 2023, by 5: 30 p. m., on our website at www.cityofhighland. org and in the following designated areas:

Highland Branch Library Fire Station No. 1 City Hall
7863 Central Avenue 26974 Base Line 27215 Base Line
Date: July 6, 2023
Betty FNghes, MMC
City CI rk

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STAFF REPORT

TO THE CITY COUNCIL
DATE: July 11, 2023
FROM: Joseph A. Hughes, City Manager
REVIEWED BY: Betty Hughes, MMC, City Clerk
PREPARED BY: Alondra Munoz, Deputy City Clerk
SUBJECT: Waive the Reading of All Ordinances
RECOMMENDATION: Waive the reading of all Ordinances in their entirety and read by title only.

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

File No.

City Clerk City Manager
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STAFF REPORT

TO THE CITY COUNCIL
DATE: July 11, 2023
FROM: Joseph A. Hughes, City Manager
REVIEWED BY: Betty Hughes, MMC, City Clerk
PREPARED BY: Alondra Munoz, Deputy City Clerk
SUBJECT: Minutes — June 13, 2023 Regular Meeting
RECOMMENDATION: Approve the minutes as submitted.

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

File No.

City Clerk City ager
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MINUTES

CITY COUNCIL REGULAR MEETING
JUNE 13, 2023

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

The invocation was given by Pastor Tracy Johnson, Immanuel Baptist Church, and the Pledge of Allegiance was led by Mayor Pro Tern Lilburn.

ROLL CALL

Present: Lilburn, McCallon, Solano, Timmer

Absent: Chavez - Cordova

REPORT FROM CLOSED SESSION
None

SPECIAL PRESENTATIONS
Mayor McCallon presented a Proclamation proclaiming the month of June as Fatherhood Awareness Month.

PUBLIC COMMENT ( ITEMS NOT ON THE AGENDA)
Christian Flores spoke regarding issues with internet and cable practices by management at Fairway Mobile Estates.

City Clerk Hughes read public comment received from Doug Ingmire regarding handicap parking violations throughout the city.

LATE ITEM TO ADD TO THE AGENDA
City Clerk Hughes stated it was brought to our attention yesterday [June 12, 2023] that Senator Bogh' s office is seeking the city' s position on AB 349. It is staff' s understanding that the item will be voted upon this week.

A MOTION was made by Council Member Timmer, seconded by Mayor McCallon, to add Item No. 44 to the agenda. Motion carried, 3- 0, with Council Member Chavez -Cordova being absent and Mayor Pro Tern Lilburn abstaining due to a conflict of interest.

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CITY COUNCIL CONSENT CALENDAR
A MOTION was made by Council Member Solano, seconded by Council Member Timmer, to approve the consent calendar as submitted. Motion carried on a roll call vote, 4- 0, with Council Member Chavez -Cordova being absent.

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

2. Minutes — May 9, 2023 City Council Regular Meeting
Approved the Minutes as submitted.

3. Minutes — May 16, 2023 City Council Special Meeting
Approved the Minutes as submitted.

4. Warrant Register
Approved Warrant Register No. 754 for June 13, 2023, in the amount of 1, 792, 494. 91 and Payroll of $ 334, 132. 49.

5. Treasurer' s Report for April 2023
Received and filed Treasurer' s Report for April 2023.

6. Claim Consideration — Araceli Fuentes
Rejected claim.

7. Claim Consideration — Amit Anand
Rejected claim.

8. Claim Consideration — Sylvia Horner
Rejected claim.

9. Claim Consideration — Johnathan Nieves
Rejected claim.

10. Claims Consideration — Michelle Aurora Mendoza, Pierre Anthony Luna and Santiago Luna
Granted the Applications for Leave to Present Late Claims and rejected the claims.

11. Claims Consideration — Becki De Lloyd and Andrew De Lloyd Rejected claim.

12. Declare One ( 1) Seat Vacant on the Community Trails Committee 1) Declared one ( 1) seat vacant on the Community Trails Committee; and 2) Directed the City Clerk to advertise the vacancies on the Community Trails Committee.

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13. Resolution No. 2023- 019 Confirming the Authority of the City Treasurer pursuant to Government Code Section 53607
Adopted Resolution No. 2023- 019 confirming the authority of the City Treasurer pursuant to Government Section 53607.

RESOLUTION NO. 2023- 019

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

CALIFORNIA, CONFIRMING THE AUTHORITY OF THE CITY TREASURER, PURSUANT TO GOVERNMENT CODE SECTION 53607

14. Resolution No. 2023- 020 Establishing the Appropriations Limit for Fiscal Year 2023/2024 for the City of Highland in Accordance with the Provisions of Division 9 of Title 1 of the California Government Code
Adopted Resolution No. 2023- 020 establishing the Appropriations Limit for Fiscal Year 2023/2024 for the City of Highland in accordance with the provisions of Division 9 of Title 1 of the California Government Code.

RESOLUTION NO. 2023- 020

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

CALIFORNIA, ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2023/ 2024 FOR THE CITY OF HIGHLAND IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITTLE 1 OF THE CALIFORNIA

GOVERNMENT CODE

15. Resolution No. 2023- 021 Rendering the Annual Statement of Investment Policy for Fiscal Year 2023/ 2024
Adopted Resolution No. 2023- 021 rendering the Annual Statement of Investment Policy for Fiscal Year 2023/2024.

RESOLUTION NO. 2023- 021

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

CALIFORNIA, ADOPTING THE ANNUAL STATEMENT OF INVESTMENT POLICY FOR FISCAL YEAR 2023/ 2024

16. Resolution No. 2023- 022 Establishing Personnel System Rules, Amending and Superseding all Prior Resolutions
Adopted Resolution No. 2023- 022 establishing personnel system rules, amending and superseding all prior resolutions.

RESOLUTION NO. 2023- 022

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

CALIFORNIA, AMENDING AND SUPERSEDING ALL PRIOR RESOLUTIONS,

ESTABLISHING PERSONNEL RULES AND REGULATIONS

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17. Resolution No. 2023-023 Implementing on July 1, 2023, a 5% Across -the -Board Adjustment for All Employees and Implementing on July 1, 2024, a 5% Across -the - Board Adjustment for All Employees and Other Adjustments Adopted Resolution No. 2023-023 implementing on July 1, 2023, a 5% across- theboard adjustment for all employees ( except interns) and implementing on July 1, 2024, a 5% across- the- board adjustment for all employees ( except interns) and other adjustments.

RESOLUTION NO. 2023- 023

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

CALIFORNIA, ESTABLISHING EMPLOYEE SALARIES

18. Resolution No. 2023- 024 Amending the City of Highland Premium Only Plan Adopted Resolution No. 2023- 024 amending the City of Highland Premium Only Plan.

RESOLUTION NO. 2023- 024

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

CALIFORNIA, AMENDING THE CITY OF HIGHLAND PREMIUM ONLY PLAN

19. Gift Policy
Approved the amended Gift Policy.

20. San Manuel Community Grant Fund Restricted Grant Agreement Authorized the City Manager to sign the San Manuel Community Credit Fund Restricted Grant Agreement with San Manuel Band of Mission Indians pertaining to a Multi -Purpose Fire Training Structure to be constructed at Fire Station No. 3.

21. Resolution No. 2023- 025 Approvina a Wildland Protection Aareement (WPA) with the State of California for Fiscal Year 2023/2024
Adopted Resolution No. 2023- 025 approving the Department of Forestry and Fire Protection ( Cal Fire) Wildland Protection Agreement ( WPA) for July 1, 2023 — June 30, 2024.

RESOLUTION NO. 2023- 025

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

CALIFORNIA, APPROVING THE DEPARTMENT OF FORESTRY AND FIRE

PROTECTION ( CAL FIRE) WILDLAND PROTECTION AGREEMENT (WPA) FOR JULY 1, 2023, TO JUNE 30, 2024

22. Cooperative Fire Protection Agreement ( Automatic Aid Agreement) between the City of Highland and the U. S. Forest Service
Authorized the Mayor and Cal Fire Chief Ron Janssen to execute the Cooperative Fire Protection Agreement on behalf of the City.

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23. Aareement with the San Bernardino Countv Auditor- ControllerlTreasurer/ Tax Collector for the Collection of Special Taxes, Fees and Assessments for Fiscal Year 2023/ 2024
Approved the Agreement with the San Bernardino County Auditor - Control ler/ Treasurer/ Tax Collector for the Collection of Special Taxes, Fees and Assessments for Fiscal Year 2023/ 2024.

24. Resolution No. 2023- 026 Establishina the Annual Special Tax for Communit Facilities District No. 90- 1 for Fiscal Year 2023/ 2024 Adopted Resolution No. 2023- 026 establishing the Annual Special Tax for Community Facilities District No. 90- 1 for Fiscal Year 2023/ 2024 and file with the County Auditor -Controller Resolution No. 2023- 026 with the tax roll.

RESOLUTION NO. 2023- 026

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

CALIFORNIA, ESTABLISHING THE ANNUAL SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 90- 1 FOR FISCAL YEAR 2023/ 2024

25. Resolution No. 2023- 027 Establishina the Annual Special Tax for Communit Facilities District No. 2001- 01 for Fiscal Year 2023/ 2024 Adopted Resolution No. 2023-027 establishing the Annual Special Tax for Community Facilities District No. 2001- 01 for Fiscal Year 2023/ 2024 and file with the County Auditor -Controller Resolution No. 2023- 027 with the tax roll.

RESOLUTION NO. 2023- 027

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

CALIFORNIA, ESTABLISHING THE ANNUAL SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2001- 01 FOR THE FISCAL YEAR 2023/ 2024

26. Resolution No. 2023- 028 Establishina the Annual Soecial Tax for Communitv Facilities District No. 2007- 01 for Fiscal Year 2023/ 2024 Adopted Resolution No. 2023-028 establishing the Annual Special Tax for Community Facilities District No. 2007- 01 for Fiscal Year 2023/2024 and file with the County Auditor -Controller Resolution No. 2023- 028 with the tax roll.

RESOLUTION NO. 2023- 028

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

CALIFORNIA, ESTABLISHING THE ANNUAL SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2007- 01 FOR THE FISCAL YEAR 2023/ 2024

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27. Resolution No. 2023- 029 Authorizing the Levy of a Special Tax in Community Facilities District No. 2022- 01 ( Mediterra) for Fiscal Year 2023/ 2024 Adopted Resolution No. 2023- 029 authorizing the levy of a special tax in Community Facilities District No. 2022- 01 ( Mediterra) for Fiscal Year 2023/ 2024.

RESOLUTION NO. 2023- 029

A RESOLUTION OF THE CITY OF HIGHLAND, CALIFORNIA, ACTING IN ITS

CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2022- 01 ( MEDITERRA), AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT 2022- 01 ( MEDITERRA) FOR FISCAL YEAR 2023/ 2024

28. Contract Renewal - Bid No. 2020- 01, " Facilities and Parks Landscape Maintenance Contract'
Extended the Facilities and Parks Landscape Maintenance agreement with RP Landscape & Irrigation, Inc.

29. Contract Award - Bid No. 2023- 04, " Landscape Maintenance Districts" Awarded the contract for Landscape Maintenance Districts to the responsive low bidder, RP Landscape & Irrigation, Inc., in the amount of $234, 447. 00.

30. KOA Contract 2nd Amendment for Professional Services — City Creek/Alabama Street Bikewav Proiect (Proiect No. str17001)
Approved a second contract amendment to the Professional Services Agreement with KOA Corporation ( KOA) to extend the term of the contract until the City Creek/ Alabama Street Bikeway Project is completed.

31. Easement Acceatance/ CHIPT Hiahland 210. L. P. for "American Rentals" Facilities Project (Adjacent Easterly to 27111 5th Street)
1) Accepted the Grant of Easement for Road and Drainage purposes from CHIPT Highland 210, L. P.; and
2) Directed the City Clerk to record the Grant of Easement.

32. Fiscal Year 2023/ 2024 Senate Bill 1 Project List
Adopted Resolution No. 2023- 030 approving the list of projects for Fiscal Year 2023/ 2024 funded by SB 1: The Road Repair and Accountability Act of 2017.

RESOLUTION NO. 2023- 030

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

CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023/ 2024 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017

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33. Hernandez, Kroone & Associates — Professional Services Contract Addendum No. 2 1) Approved Addendum No. 2 to Professional Services Contract with Hernandez, Kroone & Associates to reflect a change in the billing rate schedule; and
2) Authorized the Mayor to sign the Addendum.

CITY COUNCIL PUBLIC HEARING

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

Public Services Manager Morgan stated the item before everyone is the annual Protest Hearing for the Solid Waste Rate Adjustment and the placement of the annual residential charges on the property tax roll.

On February 28, 2023, staff received a timely request for a rate adjustment from Burrtec. On April 11, 2023, staff presented to the Public Works Subcommittee Burrtec' s proposal for rate increases for residential and commercial rates to include a cost -of -living adjustment, an adjustment to the disposal components, an adjustment in recycling processing fees, and the program administrative fee to conduct certain provisions of the Senate Bill 1383 ( SB1383) mandate requirements. The result adjusts the residential rate from $ 33. 29 to $ 33. 95 per month, which is a 66- cent increase. This is an annual increase of $7. 92. The senior rate goes from $26. 63 to $ 27. 16 per month, which is a 53- cent increase. This is an annual increase of $ 6. 36. Staff conducted a survey of the valley cities and found that the proposed monthly rate is in line with the proposed rent median and average rates. In addition, it should be noted that Highland is usually the first city to adjust their rates. In the next month, other cities will adjust their rates and staff predict the proposed monthly rate will be lower than the average median rates.

For Commercial Rate Components, the Public Works Subcommittee chose to continue the practice of equalizing the refuse and food waste bins with the basis of 150 accounts eligible. The majority of the basic commercial bin rates will be reduced. This resulted after realizing a credit in the landfill disposal rate that was negotiated last year with San Bernardino County but was not known at the time the rates were adopted by the City Council last year. This option will decrease the most common commercial rate, the three -yard dumpster picked up once a week, from $ 268. 15 to $ 266. 50/ month. Upon City Council approval of the proposed resolution, the proposed rates would take effect on July 1, 2023.

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The additional proposed resolution authorizes residential refuse service charges to be collected on the tax roll. To be noted, the dollar amounts reflected in the written report are only the annual charges and do not contain any delinquent amounts.

Attachment No. 7 includes all protests received as of the date of the printing of the staff report. The total number of protests received to date were 7.

Mayor Pro Tem Lilburn asked if the fees were generated by the State or the County? Why is the increase coming?
Public Services Manager Morgan replied that most of the fees are not in control of the City. The adjustment to processing is the landfill tipping fees, influenced by the County or the recycler processor, it is not controlled by the City. The CPI, the cost - of -living increase, is controlled by the index, and is allowable pass through per the Franchise Agreement. The remaining is through S131383, dictating mandates for the organic recycling and food waste compliance. The mentioned three components are not controlled by the city and they are required. If the city does not comply with S131383, the city is found not in compliance by the state and can lead to fines.

Mayor Pro Tem Lilburn asked, if these fees are brought on by the State or the County, are these fees collected by the residents and then become pass through fees that go back to the State and the County?
Public Services Manager Morgan answered, yes. The only fee that is kept by Burrtec is the administrative fee.

Mayor McCallon opened the floor to public comment.

Jody Scott spoke in opposition to the item.

Arthur Cabral spoke in opposition to the item.

Mayor McCallon asked if anyone else in the public wished to comment either for or against the item?
Seeing none, he closed the public hearing and brought it back to City Council for deliberation and action.

Mayor Pro Tem Lilburn reiterated the increase is not because the City of Highland or the City Council decided to do so. This is something local Cities are requested to do by the County and the State. She is against the increase as well, but understands it is mandated and if not followed, the City would have to endure the costs and the City does not have the money to endure the costs.

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A MOTION was made by Mayor Pro Tern Lilburn, seconded by Council Member Solano, to:
1) Adopt Resolution No. 2023- 031 establishing rates for residential and commercial/ industrial refuse collection and rescinding Resolution No. 2022- 031 effective July 1, 2023, in the event that the City Council determines that a majority protest does not exist; and
2) Adopt Resolution No. 2023- 032 providing for the levy and collection of solid waste program fees by the County Tax Collector in the same manner and at the same time as general taxes, in the event that the City Council determines that a majority protest does not exist. Motion carried, 4- 0, with Council Member Chavez -Cordova being absent.

City Clerk Hughes stated for the record, the City received seven letters [ in opposition to the rate increase].

RESOLUTION NO. 2023- 031

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

CALIFORNIA, ESTABLISHING RATES FOR RESIDENTIAL AND

COMMERCIAL/ INDUSTRIAL REFUSE COLLECTION AND RESCINDING RESOLUTION 2022- 031, EFFECTIVE JULY 1, 2023
RESOLUTION NO. 2023- 032

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

CALIFORNIA, LEVYING CHARGES FOR REFUSE COLLECTION SERVICES FOR FISCAL YEAR 2023/ 2024 PURSUANT TO CHAPTER 8. 12 OF THE

HIGHLAND MUNICIPAL CODE AND ORDERING THE RESIDENTIAL

CHARGES TO BE COLLECTED ON THE COUNTY OF SAN BERNARDINO

TAX ROLL

35. Consolidated Landscape and Lighting District 96- 1 — Annual Report ( Fiscal Year 2023/ 2024)
Mayor McCallon opened the public hearing.

Public Services Manager Morgan stated the item before everyone is the Protest Hearing for the recommendation to order the continued maintenance, confirm the Annual Engineer's Report and levy the parcels contained within the Consolidated Landscape and Lighting District No. 96- 1. This item was previously included in the May 9 City Council agenda and there were no corrections made to the report after that meeting.

Mayor McCallon opened it up to questions and confirmed there were no speaker slips submitted. He asked if there was anybody in the audience who wished to speak either for or against the item? Seeing there were none, he closed the public hearing and brought it back to the City Council for action.

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A MOTION was made by Council Member Timmer, seconded by Mayor Pro Tern Lilburn, to approve Resolution No. 2023- 033 ordering the continued maintenance of improvements in Consolidated Landscape and Lighting District No. 96- 1, confirming the Engineer' s Report, and levying the assessment for Fiscal Year 2023/ 2024. Motion carried, 4- 0, with Council Member Chavez -Cordova being absent.

RESOLUTION NO. 2023- 033

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

CALIFORNIA, ORDERING THE CONTINUED MAINTENANCE OF

IMPROVEMENTS IN THE CONSOLIDATED LANDSCAPE AND LIGHTING DISTRICT NO. 96- 1, CONFIRMING THE ENGINEER' S REPORT AND LEVYING THE ASSESSMENT FOR FISCAL YEAR 2023/ 2024

36. Street and Drainage Maintenance District 96- 1 — Annual Report ( Fiscal Year 2023/ 2024)
Mayor McCallon opened the public hearing.

Public Services Manager Morgan stated the item before everyone is the Protest Hearing for the recommendation to order the continued maintenance, confirm the Annual Engineer' s Report and levy the parcels contained within the Street and Drainage Maintenance District No. 96- 1. This item was previously included in the May 9 agenda and there were no corrections made to the report after that meeting.

A MOTION was made by Council Member Timmer, seconded by Council Member Solano, to approve Resolution No. 2023- 034 ordering the continued maintenance of improvements in Street and Drainage Maintenance District No. 96- 1, confirming the Engineer' s Report, and levying the assessment for Fiscal Year 2023/ 2024.

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

RESOLUTION NO. 2023- 034

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

CALIFORNIA, ORDERING THE CONTINUED MAINTENANCE OF

IMPROVEMENTS IN THE STREET AND DRAINAGE MAINTENANCE
DISTRICT NO. 96- 1, CONFIRMING THE ENGINEER' S REPORT AND LEVYING THE ASSESSMENT FOR FISCAL YEAR 2023/ 2024

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37. Revisions to the City of Highland 6th Cycle 2021- 2029 Housing Element in Response to Comments by the California Department of Housing and Community Development Pursuant to Government Code Section 65585( h), Related to General Plan Amendment No. GPA- 21- 003 Adopted on January 25, 2022 Mayor McCallon opened the public hearing.

Assistant Community Development Director Stater stated the City Council in January 2022 adopted the 6th Cycle Housing Element and provided it to the State for review. The State responded back with revisions and comments ensuring it was compliant with all the state laws. Staff worked together with the City' s housing consultant on the revisions. There were three considerable changes since it was last presented.

The first is to repeal the City' s crime -free multi -family housing policy. The State' s view on the program is it is inhibiting people from access to housing through its policies.

The second is an amendment to the zoning code where the City has more objective standards. For example, when a developer comes to the City, they want to build a residential housing project, the guidelines are available upfront and more accessible for them to see. By the time the project gets to Public Hearing, there are not as many subjective items to discuss or to add to the project. This would expedite the project and help the developers understand the project more at the front end.

The third revision is the re -zoning of a combined five acres and what is defined as the City' s high opportunity and resource area to have increased multi -family residential options. In other words, when the state looked at the City' s high density housing zoning, they found it sufficient to provide arena location. However, the distribution was of concern, so they are asking the City to add an additional five acres in the high resource areas that would be found primarily in the eastern portion of the City.

With the changes that are reflected in the packet and the agenda, staff is confident that this can get adopted and certified by the State.

Mayor McCallon opened it up to questions.

Mayor Pro Tern Lilburn asked as she went through the objectives, are the mark throughs marked by staff or the State?
Assistant Community Development Director Stater responded they are marked through by staff.

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Mayor Pro Tern Lilburn stated every objective she read was in support of either low income or giving something away to somebody funding fair housing. She questioned if there is anything that is going to benefit or improve cities that work hard and take care of their properties to give back? Are there amenities that are going to help our cities to improve?
Assistant Community Development Director Stater stated the Housing Element, and the responsibility of the State is to make sure that all state laws are complying with, and that the City is providing low- and moderate -income housing in proportion with what our state requirements are with our rent allocation. In each economic segment, all the policies are driven by fundamental guidelines of the State.

Dictating the City must provide housing in these sectors and how is the City going to do that, that is fair and appropriate? That is the State' s goal. Staff worked closely with the housing consultants, and they mentioned they do this in multiple jurisdictions. Working with the assigned state representative at California Department of Housing and Community Development ( HCD), the City' s consultant and staff's own knowledge of the community, these policies are going to provide the entire community with support and have our Housing Element certified.

Mayor Pro Tern Lilburn asked when the City works with the state representative, does staff convey the City is already limited to public safety availability, thus, when multi -units are brought in, it further stresses public safety availability.

Assistant Community Development Director Stater stated staff does convey that.

There are particular appendices in the Housing Element that talk about some of those topics, and the State has read those. HCD' s focus is to make sure that everybody in Highland has great housing.

Mayor Pro Tern Lilburn responded she does not think HCD wants the community to be safe. They don' t care about the communities nor public safety. She wants it on record that she finds it hard to support multi -unit housing that brings crime. She wanted clarification if the five acres have been identified on the east side of the City?
Assistant Community Development Director Stater stated staff has had internal discussions and they have had requests from developers to do some up -zoning that has higher density. It is not something the State is exactly looking for, the State is looking for something in the rage of 20 to 30 dwelling units to the acres, that is very dense. The Rexco project under construction is 18 units to the acre. There is a trend in California housing to have this higher density. The City does not foresee having an issue finding a developer that would provide that higher density. The state is looking for density, but staff is confident high -quality dense projects can be built with the standards in place, so that is the good news.

Mayor McCallon stated the Housing Element is just a planning document that has not built one stick of housing, and it never will unfortunately. The State is taking away the crime free thing with apartments.

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City Manager Hughes explained it is not just HCD, it is the Department of Justice that went after the City of Hesperia through a lawsuit for not abiding by these requirements.

Mayor McCallon stated there are severe penalties for not having an approved Housing Element that are substantial.

City Manager Hughes added the penalties are a minimum of $10, 000 per month, up to $ 100, 000 per month and then the court could add a 6% inflator on top of that if they chose to. HCD could then come in and take over our land use and the City would have zero say.

Council Member Timmer asked if he could get clarification on the five acre issue.

The State had a concern about the distribution of those acres and where they were in relation to other parts of the City. Was there any discussion given to taking the five acres from the area they have already zoned high density and move it to a more compatible area to meet the state requirements? Is that State saying you need five more acres?
Assistant Community Development Director Stater replied that is correct.

A MOTION was made by Council Member Solano, seconded by Council Member Timmer, to adopt Resolution No. 2023- 035 approving revisions to the 6th Cycle Housing Element. Motion carried, 4- 0, with Council Member Chavez -Cordova being absent.

RESOLUTION NO. 2023- 035

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA, APPROVING REVISIONS TO THE CITY' S 6TH CYCLE 2021- 2029 HOUSING ELEMENT IN RESPONSE TO COMMENTS BY THE

CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT; GENERAL PLAN AMENDMENT NO. GPA- 21- 003

38. Resolution No. 2023- 036 Adopting a Biennial Budget for Fiscal Years 2023-2025 Mayor McCallon opened the public hearing.

City Manager Hughes stated the item presented is the budget for the next two fiscal years. The budget has gone through review twice by the Finance Subcommittee and has come before the City Council at a study session. There were no changes to the proposed budget based on the City Council study session.

Expenditures reflect $ 89 million for Fiscal Year 2023/ 2024 and $ 61 million for

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Fiscal Year 2024/2025. Also included is the Five -Year Capital Improvement Program. It is a very aggressive capital improvement program that is going to provide a lot of benefits in the community through road and bridge construction.

The Pavement Management Program is also initiating, additional work from this program is scheduled for 5th Street, Orange Street, and Greenspot Road. A page - by -page review of the budget can be conducted if requested.

Mayor Pro Tern Lilburn stated she is thankful to the staff for looking out for the infrastructure and things to improve the City and beautify it. Even though at some point, the State might want to limit what the cities can do with the money that the taxpayers give to us. Overall, staff has done a great job with the infrastructure on the bridges and mediums.

A MOTION was made by Mayor Pro Tern Lilburn, seconded by Council Member Timmer, to adopt Resolution No. 2023- 036 adopting a Biennial Budget for Fiscal Years 2023-2025. Motion carried, 4- 0, with Council Member Chavez - Cordova being absent.

RESOLUTION NO. 2023- 036

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

CALIFORNIA, ADOPTING A BIENNIAL BUDGET FOR
FISCAL YEARS 2023- 2025

CITY COUNCIL LEGISLATIVE

39. Special Event Permit Application (SEP 23- 003) by the Highland Area Chamber of Commerce for the "Discover Highland 5K and 1 OK Community Run" and Request for Co -Sponsorship
Assistant Community Development Director Stater gave a brief review of the staff report.

A MOTION was made by Mayor Pro Tern Lilburn, seconded by Council Member Solano, to:
1) Approve Special Event Permit SEP 23- 003 subject to the conditions of approval;
2) Authorize the use of the city logo for promotional items; and 3) Approve a request by the Highland Area Chamber of Commerce for cosponsorship and waiving of city police fees and Public Works traffic control fees in the amount of approximately $ 10, 485. 86. Motion carried, 4- 0, with Council Member Chavez -Cordova being absent.

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40. Purchase of New Type 6 Wildland Fire Engine
Director of Administrative Services Dantuono gave a brief review of the staff report.

A MOTION was made by Council Member Solano, seconded by Mayor Pro Tern Lilburn, to:
1) Authorize the City Manager to opt out of the purchase of the Type III Wildland Fire Engine with Boise Mobile Equipment; and
2) Approve the purchase of a Type 6 Fire Engine through HGACBuy, a cooperative purchasing program for governments. Motion carried, 4- 0, with Council Member Chavez -Cordova being absent.

41. Appoint Three (3) Members of the Public to the Planning Commission City Clerk Hughes gave a brief review of the staff report.

A MOTION was made by Council Member Timmer, seconded by Mayor Pro Tern Lilburn, to appoint Edward Amaya, Jarrod Miller and Chandra Thomas to the Planning Commission. Motion carried, 4- 0, with Council Member Chavez -Cordova being absent.

42. City Manager Report and Comments ( Work Program, Regional/ Legislative/ Development Issues, Subcommittees, etc.)
City Manager Hughes stated the city has an update on three projects that are going to be going on in the community. The first project is the Perimeter Park Fence and Gates Project at Community Park. It will be constructing a 7- foot- high wrought iron fence around the park. Construction will initiate next week and conclude by August 2023.

The second project is the Emmerton Lane Trail Restoration Project, and it is under construction, anticipated to be completed by July 3.

The third project is the 3rd/ 5th Street Improvement Project, Palm Avenue between 3rd Street and 5th Street is going to be closed for traffic for a duration of two months beginning July 5. This will allow the contractor to construct concrete pavement for truck traffic along that stretch. This project has been under construction since December 2022. The road closure has been coordinated with the County of San Bernardino and the cities of Redlands and San Bernardino.

Arrangements have been made with the businesses along the project area to provide access during that time. The road closure is necessary because of the amount of work with the reconstruction of the pavement and the pouring of concrete on the roadway. It should relieve future potholes in that area due to the heavy truck traffic.

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43 The ribbon cutting ceremony for the SR- 210 Freeway Project is scheduled for Friday, July 21 at 10: 00 a. m. The bridge will unfortunately still not have the decorative panels installed because of delays with Caltrans. The City is hopeful we can resolve that soon.

On June 3, the 27th Annual Community Trails Day event was hosted in partnership with San Bernardino Valley Municipal Water District. The event generated over 150 participants. There was a total of 20 volunteers. Special thanks to Larry Mainez and his staff for all the hard work and San Bernardino Valley Municipal Water District for hosting the event and helping with it.

On May 16, the Planning Commission approved a conditional use permit for Patriot Partners to construct a small 47, 000 square foot warehouse on the south side of 6th Street west of Del Rosa Drive and adjacent to the Sterling Natural Resource Center. Construction is anticipated to begin before the end of the year and a tenant has not been identified.

The City' s Assistant Planner has moved on to the City of Fontana. The city conducted recruitment, and the new hire will start July 3. Once they start, all vacant positions in the city will be filled and it will be back to full staff.

On July 4, the city will host a parade in the community. It will start at 9: 00 a. m. on Church Avenue. If City Council wants to participate, please contact Denise Moreno or Melissa Morgan, they can make arrangements for a vehicle or any other accommodations.

On Monday, July 31, a blood drive will be hosted at the Highland Police Station.

On Saturday, July 15, the City will host a compost giveaway event at City Hall at 8: 00 a. m.

On Tuesday, August 1, the City will host National Night Out at the Highland Police Station between 6: 00 p. m. to 8: 00 p. m.

There are statistics to provide for various agencies. Burrtec for the month of May did 217 illegal dumping pick- ups. The Sheriff's Department from June 1 through June 11 responded to 1, 180 calls for service, took 96 reports, and made 40 arrests.

The City of Highland' s new Battalion Chief will be starting soon. Once that person starts, they will be introduced to City Council.

Council Member Comments ( Agency/ Committee/AB 1234 Reports, District Updates, etc.)
Council Member Timmer thanked Mayor Pro Tem Lilburn for reading the city' s proclamation at the Memorial Day Service event.

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Mayor Pro Tern Lilburn stated she attended the ribbon cutting ceremony for Juice It Up to present a certificate. In addition, Captain Jiles was the speaker at the Chamber of Commerce luncheon last month and did an excellent job.

Mayor McCallon also thanked Mayor Pro Tern Lilburn for her attendance at the Memorial Day Service event.

44. AB 349, as amended, Ramos. Patton State Hospital: lease: housing and mental health services for homeless individuals
Mayor Pro Tern Lilburn is recusing herself from this item. She stated she has a conflict of interest, given she works near the facility mentioned in this item.

City Clerk Hughes gave a brief review of the staff report.

Jody Scott spoke in opposition to the legislation.

A MOTION was made by Council Member Timmer, seconded by Mayor McCallon, to direct the City Clerk to draft a letter for the Mayor' s signature to oppose the passing of the proposed legislation. Motion carried, 3- 0, with Council Member Chavez -Cordova being absent and Mayor Pro Tern Lilburn abstaining.

ANNOUNCEMENTS
None

CLOSED SESSION
None

ADJOURN
There being no further business, Mayor McCallon adjourned the meeting at 7: 04 p. m.

Submitted By. -
Betty Hughes, MMC
City Clerk
Approved By. -
Larry McCallon
Mayor

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STAFF REPORT

TO THE CITY COUNCIL
DATE: July 11, 2023
FROM: Joseph A. Hughes, City Manager
REVIEWED BY: Chuck Dantuono, Director of Administrative Services/ City Treasurer PREPARED BY: Leticia Nava -Cruz, Assistant Director of Administrative Services SUBJECT: Warrant Register # 755
RECOMMENDATION: City Council to approve Warrant Register # 755; Warrants in the amount of 6, 381, 870. 33 and Payroll in the amount of $210, 969. 15.

FISCAL IMPACT: The total of Cash and Expenditures is $ 6, 592, 839. 48.

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

BACKGROUND: See Printouts Attached.

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

File No.
-1-
Warrants:

Payroll:
6/ 13/ 2023
6/ 16/ 2023
6/ 20/ 2023
6/ 26/ 2023
6/ 27/ 2023
6/ 30/ 2023
6/ 30/ 2023
7/ 5/ 2023
6/ 16/ 2023
6/ 16/ 2023
6/ 30/ 2023
6/ 30/ 2023
APPROVED BY:

Larry McCallon
Finance Subcommittee
John Timmer
Finance Subcommittee

CITY OF HIGHLAND
WARRANT REGISTER # 755
July 11, 2023
Ck# 87359- 87386
Payroll Wire # 805- 808 & Ck # 87387- 87388
Ck# 87389- 87430
C k# 87431
Ck# 87432- 87461
Payroll Wire # 809- 812 & Ck # 87462- 87463
Ck# 87464- 87481
Ck# 87482- 87525 & Wire# 1002402628 & 1002402630
Direct Deposits # 12960- 13001
Ck # 695
Direct Deposits # 13002- 13043
Ck # 696
Total Warrants & Payroll
1, 297, 308. 80
66, 037. 80
1, 290, 228. 46
2, 814. 00
1, 336, 501. 39
57, 854. 99
65, 613. 37
2, 265, 511. 52
Total Warrants $ 6, 381, 870. 33
111, 261. 71
283. 81
99, 084. 36
339. 27
Total Payroll $ 210,969. 15
6, 592, 839. 48
Joseph A. Kefies
City701er Chuck
Dantuono Director
of Administrative Services/
City Treasurer
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DATE:

FROM:

PREPARED BY:

SUBJECT:

RECOMMENDATION
FISCAL IMPACT:

PUBLIC NOTICE

STAFF REPORT

TO THE CITY COUNCIL
July 11, 2023
Joseph A. Hughes, City Manager
Chuck Dantuono, Director of Administrative Services/ City Treasurer Leticia Nava -Cruz, Assistant Director of Administrative Services L oC Treasurer' s Report for May 2023
City Council to receive and file the Treasurer' s Report for May 2023 Cash and Investments:

General Fund
Special Revenue Funds
Internal Service Funds
Capital Projects Funds
Agency Funds
Housing Authority Fund
SARDA Funds
16, 307, 766. 26
39, 154, 003. 74
4, 674, 183. 24
20,588, 876. 61
2, 421, 958. 22
3, 644, 686. 67
3, 823, 798. 84
The agenda for this item was posted at the three required locations.

BACKGROUND: Increases in the checking account were due to revenues received plus funds wired from LAIF and CAMP. Decreases in the checking account were a result of payments to vendors, payroll and funds wired to LAIF, CAMP and U. S. Bank.

Increases in the fiscal agent accounts ( US Bank) resulted from interest and bond payment receipt.

Decreases resulted in vendor payments and debt service payments.

Increases in the CAMP account were due to interest received. Decreases were a result of funds being wired to the city's checking account primarily for payment of public works projects.

The maximum limit on regular accounts is $ 75M.

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

File No.
-1-

CITY OF HIGHLAND
Treasurer's Report
as of May 31, 2023
CASH AND BANK ACCOUNTS:

Cash on Hand - Office Petty Cash & Change Fund Accounts Wells Fargo Checking Account ( reconciled book balance) 1, 150.00
14, 831, 049. 26

MATURITY PAR ORIGINAL

DESCRIPTION PERIOD YIELD VALUE COST
INVESTMENTS: LOCAL GOVERNMENT INVESTMENT POOLS
California Treasurer's Local Agency Investment Fund ( LAIF) n/ a 2. 993% 86 General Fund
2 ,
2,.

Special Revenue Funds
2, 424, 50303. 00
Internal Service Funds
5, 185, 985. 00
Capital Projects Funds
19, 649, 255. 00
Total City LAIF Funds 58, 889, 564. 86
Housing Authority Fund
3, 619, 550. 62
Total Housing Authority LAIF Funds 3, 619, 550. 62
Total LAIF Funds 62, 509, 115. 48
1) Maximum limits on accounts are $ 75M City and $ 75M Housing Authority. 2) Market Value is based on the March 31, 2023 applicable percentage of 0. 986510329. 3) Market Value is $ 61, 665, 888. 08 ($ 62, 509, 115. 48 x 0.986510329).

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

TOTAL INVESTMENTS US BANK ( COMMUNITY FACILITIES DISTRICTS) n/ a
n/ a
n/ a
n/ a
n/ a
n/ a
n/ a
n/ a
n/ a
n/ a
n/ a

5. 160%
3, 147, 682. 62
1, 612, 133. 00
5, 913, 264. 00
10, 673, 079. 62

0. 00% 104, 919. 45 104, 919.45

0. 00% 505, 988. 47 505, 988. 47

0. 00% 187, 146. 42 187, 146. 42

0. 00% 327, 964.30 327, 964. 30

0. 00%

0. 00% 26, 374. 51 26, 374. 51

0. 00% 29, 279. 59 29, 279. 59

0. 00% 10, 802. 80 10, 802. 80
0, 00% 25, 908. 20 25, 908. 20
0, 00% 9, 583. 04 9, 583. 04
1, 227, 966. 78
i
-2-

MATURITY PAR ORIGINAL

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

TOTAL INVESTMENTS US BANK (SARDA)

TOTAL CASH AND INVESTMENTS
n/ a 4. 70% 14, 754. 00 14, 754. 00
n/ a 4. 70% 1, 014.38 1, 014. 38
n/ a 0. 00%
n/ a 4. 70% 175, 162. 13 175, 162. 13
n/ a 4. 70% 185, 798. 24 185, 798. 24
n/ a 4. 70% 18, 327. 58 18, 327. 58
n/ a 0. 00%
n/ a 4. 70% 961, 685. 13 961, 685. 13
n/ a 4. 70% 13, 876. 36 13, 876. 36
n/ a 4. 70% 2, 294. 24 2, 294. 24
n/ a 4. 70% 0. 38 0. 38
n/ a 0. 00% - -
1, 372, 912. 44
90, 615, 273. 58
All investments are placed in accordance with City of Highland' s Investment Policy and Guidelines. The above summary provides sufficient cash flow liquidity to meet t next six month' s estimated expenditures. This report is in accordance with Government Code Section 53646.

SIGNED:

Joseph ughes
Chuck Dantuono

CIT ANAGER DIRECTOR OF ADMINISTRATIVE

SERVICES/ CITY TREASURER
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3 -6-

STAFF REPORT

TO THE CITY COUNCIL
DATE: July 11, 2023
FROM: Joseph Hughes, City Manager
REVIEWED BY: Betty Hughes, MMC, City Clerk
Chuck Dantuono, Director of Administrative Services/ City Treasurer Dana Calkins, George Hills Company, Claims Adjuster
PREPARED BY: Alondra Munoz, Deputy City Clerk
SUBJECT: Claim Consideration — Jehad Abujoudeh
RECOMMENDATION: George Hills Company recommends the City Council reject the claim.

BACKGROUND: The claim was received in the City Clerk' s Office on June 12, 2023. It was then sent to the City' s claim adjuster, George Hills Company, who is recommending the claim be rejected.

CAlVyFiles\ WPDATA\ StaffReports\ cc special STF. wpd
Approved Motion
Denied Ayes
Continued Noes
Tabled Abstain
Absent
Second Agenda Item No.

File No
City Clerk City l anager
-1-

GEORGE HILLS
Our minds over your matters.

June 29, 2023
Betty Hughes
City of Highland
RE: Client:

Claim Number:

Date of Loss:

Claimant:

Dear Ms. Hughes:

City of Highland
GHCO059085
01/ 08/ 2023
Jehad Abujoudeh
We have reviewed the above captioned claims and request that you take the action indicated below:

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

Please provide us with a copy of the notices sent.

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

Kindest Regards,
George Hills Company, Inc.

Dana Calkins
Sr. Claims Adjuster
Direct Dial: ( 916) 333- 0575
Email: dana. calkins@georgehills. com
-2-
RECEIVE® Do not write in this space.

For office use only:

JUN 122023 Received:

CITY OF HIGHLAND By: \ CITY CLERK p' Mail In person

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

CITY CLERK, CITY OF HIGHLAND
27215 BASE LINE
HIGHLAND CA 92346
909) 864- 6861, ext. 226
WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM, PENAL CODE S72; INSURANCE CODE S556. 1.

NOTICE: PER GOVERNMENT CODE SECTION 910. 4, THIS FORM MUST BE USED IN ORDER TO COMPLY WITH SECTIONS 910 AND 910. 2 OF THE GOVERNMENT CODE.

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

The undersigned respectfully submits the following claim and information relative to damage to persons and/ or personal property:

Name of Claimant Jehad Samer Abujoudeh
a. Complete Address of Claimant, including City, State and Zip Code:
5675 Blythe Ave
Highland, CA 92346
b. Phone Number
Date of Birth
-3-
d. Driver' s License/ State Identification Card Number:

Issued by which State: CA
x Driver' s License Identification Card
Expiration Date:

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

Andrew R. Myers- Brown, Koro & Romag, LLP
4400 Coldwater Canyon Ave, Suite 200, Studio City, CA 91604

3. Occurrence or event from which the claim arises:
a. Date of occurrence 01/ 08/ 2023
b. Time of occurrence approximately 2: 30pm
C. Place of occurrence ( Exact and specific location)
At or about the intersection of Baseline Street and McKinley Ave in the City of Highland, County of San Bernardino, State of California d. How and under what circumstances did damage or injury occur? Specify the particular occurrence, event, act or omission you claim caused the injury or damage ( use additional paper if necessary).

See Attachment 1
e. What particular action by the City, or its employees, caused the alleged damage or injury?
See Attachment 1
-4-

4. A general description of the indebtedness, obligation, injury, damage or loss incurred so far as it may be known at the time of presentation of the claim. If there were no injuries, state " no injuries".

See Attachment 1

5. Give the name( s) of the City employee( s) causing the damage or injury:

Darius Stallworth- driver

6. Name and address of any other person injured:
unknown

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

8. Damages Claimed:
a. Amount claimed as of this date: $ According to proof b. Estimate amount of future costs: $ According to proof C. Total amount claimed: $ According to proof
d. Basis for computation of amounts claimed. Include copies of all bills, invoices, estimates, etc.:

Wrongful death damages sustained by claims resulting from death of son, Faris Abujoudeh.
-5-
Names and addresses of all witnesses, hospitals, doctors, etc. a. pending Traffic Collision report for witness information. 0 d.
e.

10. Any additional information which might be helpful in considering this claim:

See Attachment 1
WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM, PENAL CODE S72; INSURANCE CODE S556. 1.
1 have read the matters and statements made in the above claim and I know the same to be true of my own knowledge, except as to those matters stated upon information or belief as to such matters I believe the same to be true. I certify under penalty of perjury that the foregoing is true and correct.

Los Angeles, CA
Signed at:

City and State
Date:
6/ 7/ 2023 '
Printed
44d '
Andrew
name
R.
of
0d
Myers
Claimant
of
14-
person
0 signing above
-6-
Claimants: Jehad Abujoudeh Date of Accident: January 8, 2023 ATTACHMENT 1
I. LIABILITY/ CAUSATION
On or about January 8, 2023, at or about the intersection of Baseline Street and McKinley Avenue in the City of Highland, County of San Bernardino, State of California ( ROADWAY), a vehicle collision occurred between a vehicle and motorcycle which was driven by claimant' s deceased son Faris Abujoudeh ( decedent) causing fatal injuries. Decedent, Faris Abujoudeh a was driving his motorcycle on Baseline Street when a vehicle made an illegal U- turn in front of decedent causing the collision.

The City of Highland and its employees, agents and/ or independent contractors acting within the course and scope of their employment, and/ or agency, negligently and carelessly maintained, owned, operated, designed, constructed and/ or managed the roadway/ intersection, and its surrounding/ adjacent areas/ property and its ongoing repair/ construction, so as to cause the aforementioned automobile collision creating a dangerous condition or dangerous conditions concerning the roadway/ intersection, construction/ repairs project( s), roadway signage leading up to the intersection, roadway markings leading up to the intersection, and vehicle/traffic instruction/ control/devices as to confuse drivers, obstruct their view of the other vehicles and traffic in the areas/ roadway/ intersection and create a dangerous condition for drivers. The City of Highland had notice of this dangerous condition and/ or design for a period of time that they should have protected against the dangerous condition and/or design.

II. DAMAGES
As a result ofthe fatal collision, claimant, sustained the following damages ( including, but not limited to as investigations are ongoing):

Fatal injuries/ death to her son.

Unlimited Civil Case ( over $25, 000).

Claimant has incurred and will incur actual, special, general damages, as allowed by the law within the jurisdiction of the Superior Court, including Past and Future General Damages ( non -economic), including but not limited to the loss of decedent' s love, companionship, comfort, care, assistance, protection, affection, society, moral support, training and guidance. Additional, financial support, loss of gifts or benefits, funeral, and burial expenses; and any other general damages available to claimant for the death of her son under California law.

III. ATTACHED EXHIBIT( S)
Exhibit 1 Death Certificate
-7-
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 2s

PROOF OF SERVICE

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )
I, MONICA MENDOZA, state that I am employed in the aforesaid County, State of California; I am over the age of eighteen years and not a party to the within action; my business address is 4400 Coldwater Canyon Avenue, Suite 200, Studio City, California 91604. On the date shown below, I served the foregoing document described as: JEHAD ABUJOUDEH' S CLAIM AGAINST THE CITY OF HIGHLAND by placing a true copy thereof enclosed in a sealed envelope addressed as follows:

City Clerk, City of Highland
27215 Base Line
Highland, CA 92346
x BY MAIL: I am readily familiar with this finn' s practice of collection and processing of correspondence for mailing with the United States Postal Service the same day in the ordinary course of business pursuant to C. C. P. § 1013( a).

BY FACSIMILE: In addition to service by mail as set forth above, a copy of said document( s) were also delivered by facsimile transmission to the addressee pursuant to C. C. P. 1013( e).

BY ELECTRONIC MAIL: I transmitted a true copy of said document( s) by electronic mail, and no error was reported. Said electronic mail transmission( s) were directed as indicated on the service list pursuant to C. C. P. § 1010. 6( 4).

BY EXPRESS MAIL: I caused said document( s) to be deposited in a box or other facility regularly maintained by the express service carrier providing overnight delivery pursuant to C. C. P. § 1013( c).

BY PERSONAL SERVICE: I hand -delivered said document( s) to the office of the addressee, using an attorney service and/ or messenger, pursuant to C. C. P. § 1011.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on June 7, 2023, at Studio City, CCalifornia. l f "K / iGQ 36L —

MONICA MENDOZA

JEHAD ABUJOUDEH' S CLAIM AGAINST THE CITY OF HIGHLAND
-8-

STAFF REPORT

TO THE CITY COUNCIL
DATE: July 11, 2023
FROM: Joseph A. Hughes, City Manager
REVIEWED BY: Lawrence A. Mainez, Community Development Director Kim Stater, Assistant Community Development Director
PREPARED BY: Ash Syed, Associate Plannle4o
SUBJECT: Second Reading of Zone Change ( ZC 23- 001): Ordinance No. 460 of the City of Highland changing the zoning
designation of seven ( 7) parcels from Industrial ( 1) to Business Park ( BP).

LOCATION: Northeast corner of Palm Avenue and 5th Street.

Assessor' s Parcel Number( s): 1201- 311- 02, 1201- 311- 03, 1201- 311- 04, 1201- 311- 05, 1201- 301- 14, 1201- 301- 15, & 1201- 301- 19
OWNER / APPLICANT: Harikrishna Gas, Inc.

RECOMMENDATION: The City Council conduct a second reading of Zone Change ZC 23- 001), read by title only, and waive further reading of Ordinance No. 460 changing the zoning designation of
seven ( 7) parcels from Industrial ( 1) to Business Park ( BP).

PREVIOUS ACTION: On May 9, 2023, the City Council held a public hearing to review Zone Change ( ZC 22- 001) to change the land use and zoning designation of seven ( 7) parcels comprising a 1. 9 acre site at the northeast corner of Palm Avenue and 5th Street from Industrial ( 1) to Business Park ( BP) as well as Mitigated Negative Declaration ( ENV 23- 002).

The City Council also introduced Ordinance No. 460 to change the zoning designation of the seven ( 7) parcels comprising the 1. 9 acre project site from Industrial ( 1) to Business Park ( BP). It would be appropriate for the City Council to conduct a second reading and adopt Ordinance No. 460.

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

File No.

City Ma6eVe—r
-1-
City Council
July 11, 2023
ATTACHMENTS: 1. Ordinance No. 460
Exhibit 1: Existing Zoning Designation
Exhibit 2: Proposed Zoning Designation
-2-
Attachment
Ordinance No. 460
-3-
ORDINANCE NO. 460

AN ORDINANCE OF THE HIGHLAND CITY COUNCIL, APPROVING ZONE CHANGE ZC 22- 001) TO MODIFY THE ZONING DESIGNATION OF SEVEN ( 7) PARCELS FROM INDUSTRIAL ( 1) TO BUSINESS PARK ( BP) RELATED TO A DEVELOPMENT CONSISTING OF A 4,042 SQUARE FOOT FUEL CANOPY FOR SIX ( 6) GASOLINE PUMPS, A 2, 520 SQUARE FOOT FUEL CANOPY FOR THREE (3) DIESEL PUMPS, A 1, 387 SQUARE FOOT AUTOMATED CARWASH, AND A 4, 620 SQUARE FOOT

CONVENIENCE STORE AT THE NORTHEAST CORNER OF PALM AVENUE AND 5TH STREET.

ASSESSOR' S PARCEL NUMBERS:
1201- 301- 14, - 15, - 19, and 1201- 311- 02, - 03, - 04, - 05 APPLICANT: HARIKRISHNA GAS, INC.

WHEREAS, on October 10, 2022, the Applicant submitted an application for Zone Change ( ZC 22- 001) to modify the zoning designation from Industrial ( 1) to Business Park BP) pertaining to the development of a 4, 042 square foot fuel canopy for six ( 6) gasoline pumps, a 2, 520 square foot fuel canopy for three ( 3) diesel pumps, a 1, 387 square foot automated carwash, and a 4, 620 square foot convenience store at the northeast corner of Palm Avenue and 5th Street;
WHEREAS, the City of Highland is the Lead Agency, and is charged with the responsibility of deciding whether to approve the proposed project. An Initial Study and Mitigated Negative Declaration were prepared and circulated in accordance with state and local law to be considered by the City Council at the May 9, 2023 public meeting; WHEREAS, the Planning Commission of the City of Highland, conducted a Public Hearing on the subject Project, concluded the Hearing on that date, and adopted Resolution No. 23- 011, recommending to the City Council to introduce an Ordinance for Zone Change ( ZC 22- 001) as discussed;
WHEREAS, the Highland City Council held a public hearing on May 9, 2023, at 6: 00pm, with a second reading held on July 11, 2023, and notice of said public hearing( s) have been duly given, as required by law an in accordance with the provisions of the Highland Municipal Code, to hear and consider evidence for and against said Zone Change ( ZC 22- 001).

NOW THEREFORE, it is hereby found, determined and resolved by the Highland City Council as follows:

Section 1. The Highland City Council finds that all of the facts set forth herein above are true and correct.

Section 2. Per Goal 2. 13 of the Highland General Plan Land Use Element, " the 5th Street Corridor represents an excellent opportunity to capture potential employment growth. To position Highland to take advantage of this increased demand, the Land Use Plan for the 5th Street Corridor is dominated by Business Park and Industrial land uses". Both Business Park -4-
BP) and Industrial ( 1) uses are similar in nature and intensity, and per Section 16. 24 of the Highland Municipal Code, share the majority of permitted uses.

Section 3. The Applicant is seeking to develop a vehicle fueling station at the proposed site. Its current Industrial ( 1) and zoning designation does not permit this use. Because the site is located at a major intersection with similar retail related uses, the Applicant is seeking a change to Business Park ( BP), which would allow a fueling station upon approval of a Conditional Use Permit.

Section 4. Findings of Fact for Zone Change ( ZC 22- 001):

Based on the Findings below, the Highland City Council does herby find:
a. The proposed zone change is consistent with the goals, objectives, policies, and programs of the municipal code, and will not result in any inconsistencies within the municipal code:

Response: Per Section 16. 24 of the Highland Municipal Code, vehicle fueling stations are not permitted within this zoning designation.

However, per Goal 2. 13 of the Highland General Plan Land Use Element, the 5th Street Corridor represents an excellent opportunity to capture potential employment growth. To position Highland to take advantage of this increased demand, the Land Use Plan for the 5th Street Corridor is dominated by Business Park and Industrial land uses". Both Business Park ( BP) and Industrial ( 1) uses are similar in nature and intensity, and per Section 16. 24 of the Highland Municipal Code, share the majority of permitted uses. Further, the properties located at the three ( 3) other corners of the Palm Avenue and 5th Street intersection are each zoned for Business Park ( BP) uses with the southeast and southwest corners already featuring fueling station uses.
b. The proposed zone change will not adversely affect the public health, safety or general welfare.

Response: The proposed project has been reviewed by Planning, Engineering, Building and Safety, the Fire Department and the Police Department and certain conditions of approval that are necessary and proper to safeguard and protect the public health, safety, and welfare have been implemented. That being the case, the approval of a zone change for the proposed project is will not adversely affect the public health, safety, or general welfare.
c. The proposed zone change is consistent with the purposes and intent of this title, unless such amendment proposes to change, supplement, or alter any part of this title, whereas, said zone change must be consistent with all of the applicable sections including these findings.

Response: Section 16. 24 of the Highland Municipal Code includes the development standards and requirements pertaining to projects within -5-
employment districts. While fueling stations are not permitted within the Industrial ( 1) zone, they are permitted within the Business Park (BP) zone.

Both Business Park (BP) and Industrial ( 1) uses are similar in nature and intensity, and per Section 16. 24 of the Highland Municipal Code, share the majority of permitted uses. Further, the properties located at the three 3) other corners of the Palm Avenue and 5th Street intersection are each zoned for Business Park ( BP) uses with the southeast and southwest corners already featuring fueling station uses.
d. The potential environmental impacts of the proposed zone change are insignificant or there are overriding considerations which outweigh the potential impacts.

Response: An Initial Study was prepared for the project and potential impacts to air quality, biological resources, tribal/ cultural resources, noise, as well as geology and soils were identified. Project specific mitigation measures have been included to reduce said impacts to below a level of significance and the list of measures have been included in the Mitigation Monitoring and Reporting Program ( MMRP). Based upon the Findings of the Initial Study and adoption of the Mitigation Measures, the Project will not have a significant impact upon the environment.

Section 5. An Initial Study was prepared for the project and potential impacts to air quality, biological resources, tribal/ cultural resources, noise, as well as geology and soils were identified. Project specific mitigation measures have been included to reduce said impacts to below a level of significance and the list of measures have been included in the Mitigation Monitoring and Reporting Program ( MMRP).

A Notice of Intent to Adopt a Mitigated Negative Declaration ( MND) was circulated through the California State Clearinghouse and made available for public comment between February 6, 2023 and March 8, 2023. The Notice was mailed to surrounding property owners within 300 feet as well as interested agencies and parties at their request. The Notice was also posted on the City' s website, outside City Hall, the Sam J. Racadio Library and Environmental Learning Center, and Fire Station # 1.

Based upon the Findings of the Initial Study and adoption of a Mitigation Monitoring and Reporting Program, the Project will not have a significant impact upon the environment.

Section 6. Within fifteen ( 15) days following the passage of this Ordinance, the City Clerk shall publish an/ or post this Ordinance as required by state law and City resolution.

Section 7. The Mayor is hereby directed to attest to the adoption of this Ordinance by signing where indicated below and the City Clerk shall publish and/or post this ordinance according to applicable law.
-6-
Exhibit 1 includes the Existing Zoning Designation
Exhibit 2 includes the Proposed Zoning Designation
PASSED, APPROVED and ADOPTED this 11 th day of July 2023 Larry McCallon, Mayor
ATTEST:

Betty Hughes, MMC
City Clerk
APPROVED AS TO FORM:

Maricela E. Marroquin
City Attorney
-7-
Exhibit 1:

Existing Zoning Designation
-8-
i
Q
a
t;
5TH
a
Site Location
Est] Comm
state Parks Industrial ( 1)
GeoTechn
Existing Zoning
-9-
Exhibit 2:

Proposed Zoning Designation
-10-
Proposed Zoning
-11-

STAFF REPORT

TO THE CITY COUNCIL
DATE: July 11, 2023
FROM: Joseph Hughes, City Manager
PREPARED BY: Carlos Zamano, Public Works Director/ City Engineer SUBJECT: Engineering Resources of Southern California ( ERSC) Amendment for Professional Design Services — Sycamore Drive Storm Drain, Project sdr06002
RECOMMENDATION: It is recommended that the City Council:

1. Approve an amendment to the professional services agreement with ERSC for design revisions and construction support for the Sycamore Drive Storm Drain, Project sdr06002; and

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

FISCAL IMPACT: The proposed fee, based on actual time and material, is not -to -exceed 22,885. 00. The 10% contingency of the revised contract amount will be used to cover any additional services, if needed and requested by City staff, during the course of the project. The funding source for this project is American Rescue Plan Act (ARPA) funds.

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

BACKGROUND: The City' s 5- Year Capital Improvement Program includes Project sdr06002 to construct a 54"- diameter storm drain along Bledsoe Creek located on the north side of Sycamore Drive east of Streater Drive. The project will complete the underground Bledsoe Creek storm drain system between Streater Drive and Church Street by replacing the existing open drainage ditch with 1, 250 feet of underground pipes. The storm drain maintenance road will be constructed with trail fencing and also be used as a community trail. The City has acquired all the public easements necessary for construction and maintenance of the proposed drainage and trail improvements.

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

File No.

City Clerk City Manager
-1-
On April 23, 2019, the City Council approved ERSC' s design services proposal in the amount of 32, 672. The scope of service includes preparation of contract documents ( plans, specifications and cost estimates), and providing technical assistance during the bid advertisement and construction phase.

On May 19, 2022, the City Council approved a budget adjustment to reallocate RDA 2007 funds from this project to the 3rd/ 5t" Street Corridor Improvement Project. By this time the design of the Sycamore Drive Storm Drain Project was substantially completed but alternative storm pipe material and other minor site improvements were necessary. HP pipe is not manufactured to a 54-inch diameter. Modifications to the design are needed for a 60- inch HP pipe. Inverts for 60- inch HP Pipe and 54-inch RCP will be included in the design as an alternative bid to determine which is more costeffective for the City.

On October 11, 2022, the City Council approved the use of American Rescue Plan Act (ARPA) funds for seven ( 7) Public Works Projects including the Sycamore Drive Storm Project. In late 2022, City staff reached out to ERSC to inform them that the Sycamore Drive Storm Project was funded for construction and requested a cost proposal for completion of design. ERSC provided a cost proposal in the amount of $22, 885 to finalize the plans, specifications and estimate, and provide bid and construction support. The revised total contract amount is $ 55, 557.

It is recommended that the negotiated amendment for additional professional design services with ERSC be approved.

Attachments: Location Map
ERSC Proposal dated February 28, 2023
MAPUBWRK\ sdr06002 Sycamore SD\ Design Services Stf Rpt 7. 11. 23 -2-
tnd
-3-
Fmlftds
itnati
Engineering Resources of Southern California
03017. 148
February 9, 2023 Revised February28, 2023
Carlos Zamano, P. E.

City of Highland
27215 Base Line
Highland, CA 92346
SUBJECT: SYCAMORE DRIVE STORM DRAIN, sdr06002 —PROPOSAL FOR FINAL DESIGN REVISIONS Dear Carlos:

In response to the City' s request, Engineering Resources of Southern California, Inc. (ERSQ submits our proposal to completion of design of the Sycamore Drive Storm Drain project. Project scope involves the installation of a storm drain between the existing 54- inch storm drain completed for Tract 17263 at the easterly terminus of Sycamore Drive and an existing 72- inch storm drain to the southwest, a distance of approximately 1, 250 feet and in the alignment of an existing 10-foot-wide concrete channel. Work on the storm drain project was conducted approximately 12 years ago and discontinued. In 2019 ERSC was contracted with the City to resume preparation of plans, specifications and estimates ( PS& E) on the storm drain project and obtained a level of completeness when again the project was put on hold due to lack of funding for construction.

In late 2022, the City contacted ERSC and indicated that funding for construction was now available and requested of ERSC to prepare a cost proposal for completion of the PS& E taking into consideration alternative pipe material and related sizes along with minor site improvements. This effort, then, will entail a resumption and revision of the design and preparation of PS& E for the project.

Concerning the larger, alternative material consideration, research conducted by ERSC and City staff has resulted in the decision to seek bids for 54- inch RCP and 60-inch HP pipe, a polypropylene material, of triple -wall construction as an alternative bid item. However, HP pipe is not made to a 54- inch diameter, thus the 60- inch diameter reference.

ERSC proposes to revise and complete the storm drain design and prepare PS& E for the project. Services and tasks are anticipated to include the following:

Finalize Plans, Specifications & Estimates in order for City to advertise the project for bid. a. Plans will incorporate the 60" HP Pipe design. Inverts for both the 60" HP Pipe and 54" RCP will be identified in the profile.
b. Specifications will be written in SSPWC, 2015 edition and include HP Pipe and sanitary sewer pipe. c. Cost estimate will be updated with current construction costs. Alternative Bid item for HP Pipe will be included in Bid Schedule along with any new item. All quantities will be checked and updated. 1861 W. Redlands Blvd. Redlands CA 92373 Page 1 of 2
T: ( 909) 890- 1255 1 F: ( 909) 890- 0995 W: erscinc. com -4-
d. A length of sewer pipe will be added to the plans to be located under the storm drain improvements.

This will eliminate the future need to trench under the storm drain when the property is developed and connection to a City sewer in Sycamore Drive is required.

2. Provide Bid Support to the City.
a. Support City Staff to respond to bid inquiries and question related to the plans and specifications during the bid period.
b. Assist the City in the preparation of addenda should they be required. c. Submit written responses to the City for all Contractor inquiries within two ( 2) working days of receipt of request.

3. Provide Construction Phase Support
a. Attend Pre -Construction meeting.
b. Provide review of shop drawings, materials/ product submittals for conformance with the plans and specifications.
c. Review Change Orders ( CO) and answer Request for Information ( RFI). d. Prepare Record Drawings at completion of Project.

4. Project Management
a. Coordinate final PS& E with City.
b. Prepare monthly invoices and progress reports.

5. Work in Progress
a. ERSC has continued to do minor tasks on the Project at the request of the City over the past year. These costs are included in this Proposal.

ERSC will complete the services described for Tasks 1- 5 above, on a time and materials basis, with a not to exceed amount of $22, 885. 00. Invoicing will be in accordance with ERSC' s Schedule of Hourly Billing Rates currently in effect. Derivation of the estimated fee is indicated on the accompanying spreadsheet tabulation.

We thank you for the opportunity of submitting our proposal for the continuance and completion of this project.

Should there be any questions, do not hesitate to contact me.

Respectfully,
4i " KT_
Lori J. Askew
Principal Engineer
Encl.
cc: Jennifer Cioffi, P. E.

S:\ Highland, City of\ 03017148- Sycamore Storm Drain & Trail\ Proposal 1861 W. Redlands Blvd. Redlands • CA 92373

Page 2 of 2 ends

T: ( 909) 890- 1255 1 F: ( 909) 890- 0995 1 W: erscinc. com -5-
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-6-

STAFF REPORT

TO THE CITY COUNCIL
DATE: July 11, 2023
FROM: Joseph A. Hughes, City Manager
PREPARED BY: Lawrence A. Mainez, Community Development Director Leticia Nava -Cruz, Assist Director of Admin Services t,0(( SUBJECT: Consideration of a Resolution to adjust the Business Tax on the Extraction and/ or Processing of Rock, Sand and Gravel Aggregate) pursuant to Title 5 ( Business Licenses and
Regulations), Chapter 5. 17 ( Business License Tax on
Extraction and/ or Processing of Rock, Sand and Gravel
Aggregate]), Section 5. 17. 040 ( Rock, Sand and Gravel Aggregate] Extraction and Processing Tax)
RECOMMENDATION:

Staff recommends the City Council adopt Resolution No. 2023 - fixing the Highland Business License Tax on the extraction and/ or processing of rock, sand, and gravel ( aggregate) for Fiscal Year 2023-2024.

FISCAL IMPACT:

The fiscal impact of the proposed adjustment of the Business License Tax will result in a minor increase of General Fund revenue for Fiscal Year 2023- 24. However, there are indications that current economic conditions are slowing, and mining activity may decrease so this adjustment may have less impact on City revenues.

Points Changes*
Approved
Denied
Continued
Tabled
Current CPI May 2023 128. 768
Minus Previous CPI May 2022 123.893
Index Point Change 4. 875
Period of Review is from May 31, 2022, to May 31, 2023.

Motion
Ayes
Noes
Abstain
Absent
6 City Clerk
Second Agenda Item No.

File No.

City Ma
-1-
City Council Meeting of
July 11, 2023
Mining Tax for FY 2023- 24
Percent Change
Index Point Change 4. 875
Change in CPI 0. 03935 ( 4.875/ 123.893 = 0. 03935)
Percent Change 3. 93 ( 0. 039355x100 = 3. 93%)
Proposed Business License Tax Increase
Existing Tax (July 1, 2022) $ 0. 2499 per ton
Proposed Tax Increase ( July 1, 2023) $ 0. 0098 per ton ($ 0. 2499 x 3. 93% _ $ 0. 0098)
Proposed Tax ( July 1, 2023) $ 0. 2597 per ton
The City of Highland is using the CPI for the Riverside -San Bernardino -Ontario, CA. area to be applied to the mining tax.

PUBLIC NOTICE: The required public notice was published twice in the newspaper on June 23, 2023, and June 30, 2023. Staff also notified the two ( 2) mining operators ( CEMEX, and Robertson' s Ready Mix), and on July 6, 2022, the Public Hearing Notice was posted on the City' s web site and at three locations pursuant to City Council resolution.

BACKGROUND: Pursuant to the Highland Municipal Code Chapter 5. 17 Business Licenses and Regulations), Section 5. 17. 040 ( Rock, Sand, and Gravel Aggregate] Extraction and Processing Tax), the City Council must consider annually an adjustment to the business license tax on each ton of material excavated from and/or processed in the City as approved by the voters in a special election on November 3, 1998, as Ordinance No. 237 and amended by Ordinance No. 265 (Attachments A and B respectively).

ANALYSIS: Staff has prepared the appropriate Resolution for consideration by the City Council. The proposed adjustment will be from $ 0. 2499 per ton to $ 0. 2597 per ton ( a 3.93% increase). If the City Council adopts the Resolution, the new rate will be effective back to July 1, 2023. The payment of the license tax is on a quarterly basis and the first payment due to the City on October 1, 2023.

Attachments: 1. Ordinance No. 237 ( 1998)

2. Ordinance No. 265 ( 2000)

3. Proposed CC Resolution No. 2023- ( proposed 2023)
E
-2-
Attachment 1
-3-
ORDINANCE NO. 237

AN ORDINANCE OF THE CITY OF HIGHLAND, CALIFORNIA, ADDING CHAPTER 5. 17 TO TITLE 5 OF THE HIGHLAND MUNICIPAL CODE,

ESTABLISHING A BUSINESS LICENSE TAX ON THE EXTRACTION

AND/ OR PROCESSING OF ROCK, SAND AND GRAVEL ( AGGREGATE)

THE CITY COUNCIL OF THE CITY OF HIGHLAND DOES ORDAIN AS FOLLOWS:

SECTION 1. Title 5 of the Highland Municipal Code is hereby amended by adding Chapter 5. 17, " Business License Tax on Extraction and/ or Processing of Rock, Sand and Gravel ( Aggregate)," as follows:

Chapter 5. 17

BUSINESS LICENSE TAX ON EXTRACTION AND/ OR PROCESSING OF ROCK,

SAND AND GRAVEL ( AGGREGATE)
Section:

5. 17. 010 Purpose

5. 17. 020 Payment of Business License Tax; Business
License Required

5. 17. 030 Verification of Annual Production.

5. 17. 040 Rock, Sand and Gravel ( Aggregate) Processing and Extraction Tax

5. 17. 050 Recordkeeping: Retention of Records and Right of Inspection

5. 17. 060 Failure to Remit Tax When Due: Penalty

5. 17. 070 Payment of Other Fees or Taxes Not Excused

5. 17. 080 Exemption from Tax

5. 17. 090 Taxes a Debt to City: Actions for Collection of Taxes

5. 17. 100 Misrepresentation

5. 17. 110 Amendments

5. 17. 120 General Penalty for violations

5. 17. 130 Severability

5. 17. 140 Effective date
Section 5. 17. 010. Purpose.

The purpose of this Chapter is to establish a tax on the commercial business of extraction and/ or processing of rock, sand and gravel ( aggregate) within the City, as a means of generating revenue for the City for municipal purposes and not as a regulatory measure. This business license tax is imposed in the interests of 1 -4-
the health, safety, convenience and welfare of the residents of the City.

Section 5. 17. 020. Payment of Business License Tax and Business License Required.

A. In addition to the requirements of Chapter 5. 04 of this Title 5, there is imposed upon any business engaged in the principal business of extracting and/ or processing rock, sand or gravel ( aggregate) from or on any real property located within the City, for the purpose of commercial use or sale, a general business license tax in the amount set forth in Section 5. 17. 040 of this Chapter.

B. Each business which is subject to this Chapter shall, within 45 days of the effective date of this Ordinance, apply for and obtain a business license tax certificate, as part of the business license application, from the Collector. The business license tax certificate application shall include a current topographic map of all permitted extraction sites within the City, at a scale of 111= 200' and shall include the locations of the City limits and permit limits.

C. It is unlawful for any person, whether as principal or agent, or employee, either for himself or for any other person, to transact and carry on any business within the City which is subject to the business license tax established in this Chapter without first having applied for and procured a business license tax certificate from the City to do so, and without having paid the business license tax therefor. Exemptions to this requirement are set forth in Section 5. 17. 080 of this Chapter.

D. As used in this Chapter, " processed" or " processing" shall include, but not be limited to, the utilization of rock, sand or gravel ( aggregate) from any source or location, as a primary ingredient as part of a manufacturing or batching process ( such as asphalt or concrete batching) within the City.

E. As used in this Chapter, to be " engaged in business" shall include the acts of extracting rock, sand or gravel aggregate) from or on any real property located within the City, processing rock, sand or gravel ( aggregate), and/ or the utilization of rock, sand or gravel ( aggregate), from any source or location, as a primary ingredient as part of a manufacturing or batching process within the City. As used in this Chapter, " engaged in business" shall also include the business of extraction and processing of rock, sand or gravel ( aggregate) which is sold to a public agency pursuant to bid.

F. Whenever any person is carrying on two or more related activities at the same location and under the same ownership and management, such as extraction and processing of rock, sand or 2 -5-
gravel ( aggregate), then in that event the business license tax shall be applied once only to each ton of material extracted or processed, whichever is greater, and a single business license shall be issued. Provided, however, that nothing contained in this Section shall be construed to relieve the payment of two or more business license taxes when required, where two or more separate businesses are conducted in the same location by the same owner and/ or management and such businesses are not construed by the Collector to be correlated or allied with each other. An appropriate business license tax as set forth in this Chapter shall be paid for each business.

G. Nothing contained in this Chapter shall be construed to relieve the obligation to obtain a separate business license and to pay the appropriate business license tax required for each business owned or conducted by a separate owner whether or not under the same management.

Section 5. 17. 030. Verification of Annual Production.

A. In order for the City to verify annual production
reporting, each business which is subject to this Chapter shall submit the following information to the Collector:
1) Each year on or before June 30, production
quantities shall be submitted, reported in tons by quarter and cumulatively for the reporting year.
2) Each year, on or before July 15, a current aerial
photograph shall be submitted, of the mining area with City limits and mine permit area clearly identified.
3) Every five ( 5) years, on or before July 15, a
current topographic map of the business' permitted extractive sites within the City shall be submitted. The topographic map shall be based on aerial photographs taken within 45 days of submittal. The purpose of the topographic maps is to verify reported production quantities.
4) Weight slips for aggregate materials shall be made
available to the City annually, upon request.

B. If the information submitted pursuant to this Section does not adequately quantify annual production, additional information and/ or documentation, identified by the City, may be required and shall be provided at the expense of the business.

C. In addition to the measures set forth in this Section, the City may conduct an audit to insure compliance with this Chapter. The expenses incurred in the completion of the audit shall be paid by the City, unless inaccuracies in reporting are identified. Should inaccuracies, be identified, the penalties set 3 -6-
forth in Section 5. 17. 060 shall be assessed, including the cost of the audit.

Section 5. 17. 040. Rock, Sand and Gravel ( Aggregate) Extraction and Processing Tax.

A. Every person who engages in the principal business of extracting and/ or processing rock, sand or gravel ( aggregate), from or on any real property located within the City, for the purpose of commercial use of sale, shall pay a general business license tax on each ton of material excavated from and/ or processed in the City according to the following schedule:

Jan. 1, 1999 to June 30, 1999 . . 0. 06 per ton.

July 1, 1999 to June 30, 2000 . . 0. 09 per ton.

July 1, 2000 to June 30, 2001 . . 0. 12 per ton.

The rate of tax commencing July 1, 2001 shall be $. 14 per ton, adjusted annually in July in accordance with the Consumer Price Index, for all urban consumers for L. A./ Anaheim/ Riverside ( or substantially equivalent index), with the exact rate to be fixed from time to time by Resolution of the City Council, not to exceed

0. 35 per ton.

B. The tax on the processing and/ or extraction of rock, sand and gravel ( aggregate), and businesses as set forth herein, shall begin on January 1, 1999, and shall be paid and collected by the City quarterly, beginning April 1, 1999. The returns for the tax shall be submitted by the persons engaged in said principal business within 15 days following the end of each quarter for which the tax is due, on July 1, October 1, January 1 and April 1 of each calendar year, subject to the penalties for failure to pay the said tax as set forth in Section 5. 17. 050 of this Chapter.

C. The Collector shall provide each person in said principal business with a form for reporting the quarterly return. Said returns shall indicate:
1) The tonnage of rock, sand and gravel ( aggregate)
extracted and/ or processed during the prior calendar quarter from property located within the City of Highland.
2) The tonnage of rock, sand and gravel ( aggregate)
extracted during the prior calendar quarter from property located outside the City, and processed within the City, which is taxed by another city or county, and the rate of tax which has been collected by the other city or county for the same material.
3) The tonnage of rock, sand and gravel ( aggregate)
shipped from extraction or processing facilities located within the City to concrete batch plants, asphalt batch 4 -7-
plants, and other processing or manufacturing facilities that utilize aggregate materials.
4) The tonnage of concrete and/ or asphalt or other
processed materials shipped from processing facilities located within the City. Concrete and asphalt materials shall be taxed at a rate to be determined by the City based on
approximate aggregate content, per cubic yard of concrete, asphalt or other processed material shipped. Other products processed on the site where aggregate is used as a constituent in an end product will be taxed based on the approximate aggregate content.
5) The current tax rate imposed by the City.

D. Information provided on the quarterly return shall not be considered conclusive as to the information it contains, will not prevent the City from collecting the appropriate amount which is actually due and payable, and shall be subject to review, audit and verification.

Section 5. 17. 050. Recordkeeping: Retention of Records and Right of Inspection.

It shall be the duty of every person liable for the reporting and payment to the City of any business license tax imposed by this Chapter to keep and preserve, for a period of not less than three 3) years, all records as may be necessary to determine the amount of such tax as he may have been liable for the reporting of and payment to the City. The Collector shall have the right and authority to examine or cause to examine, audit, and inspect such books and records as may be necessary to determine the amount of tax due and payable, and shall have the authority to enforce all provisions of this Chapter.

Section 5. 17. 060. Failure to Remit Tax When Due: Penalty.

A. Any person who engages in a business which is subject to this Chapter, who fails to remit any tax imposed hereby within the time required, shall pay a penalty of ten ( 10) percent per annum, compounded, of the amount of tax in addition to the amount owed.

Such penalty shall be added by the Collector on the first day of each month after the due date thereof. In addition to the penalty set forth above, the City shall also collect all of its administrative costs, attorneys' fees and other costs incurred by in enforcing this Chapter.

B. If the Collector determines that the nonpayment and/ or underpayment of any remittance due under this Chapter is due to fraud, a penalty of twenty- five ( 25) percent of the amount of the tax shall be added thereto in addition to the penalties stated hereinabove.
5 -8-
C. Every penalty imposed and such interest as accrues under the provisions of this Section shall become a part of the tax required to be paid by this Chapter.

D. The penalty set forth herein shall be in addition to any other applicable penalty for a violation of this Chapter, or any other recourse or remedy available to the City by law.

Section 5. 17. 070. Payment of Other Fees or Taxes Not Excused.

Any person required to pay a business license tax for
conducting a business under this Chapter shall not be relieved from the payment of any other permit charge, fee or tax for the privilege of conducting such business required under any other provision of this Code or any other ordinance or regulation of the City or other agency, and such person shall remain subject to all applicable regulatory provisions.

Section 5. 17. 080. Exemption from Tax.

A. In the event that the extraction of any of the rock, sand and gravel ( aggregate) processed by the person responsible for paying the tax is in fact taxed by any other city or county, and the other city or county also allows a reduction in tax under the same circumstances, then the tax so paid on the materials so processed may be reduced by as much as the amount paid to the other city or county, but in no event shall the reduction be more than one- half ( 1/ 2) of the rate charged by the City.

B. No business license tax shall be required under this Chapter of or from any person exempt from the business license tax by virtue of the constitution or any applicable statutes of the United States or the State of California.

C. No business license tax shall be required under this Chapter of or from any governmental agency or subdivision and the employees thereof, but only to the extent they are engaged in the business of such governmental agencies or subdivisions.

D. Any person claiming a business license tax exemption under this Chapter has the burden of furnishing to the Collector such information as the Collector may require to support the claim or eligibility for exemption.

Section 5. 17. 090. Taxes a Debt to City: Actions for Collection of Taxes.

The amount of any business license tax, penalty or interest, or any combination thereof, imposed by the provisions of this Chapter shall be deemed a debt to the City. An action may be commenced in the name of the City in any court of competent jurisdiction for the amount of any delinquent business tax, L
-9-
penalties, interest, charges and administrative costs incurred in connection therewith, including attorneys' fees.

Section 5. 17. 100. Misrepresentation.

No person shall knowingly or intentionally misrepresent any material fact in applying for or paying for the business license tax certificate.

Section 5. 17. 110. Amendments.

The procedural provisions of this Chapter may be amended by Ordinance duly enacted by the City Council.

Section 5. 17. 120. General Penalty for Violations.

No person, whether as principal, agent, employee or otherwise, shall violate, cause the violation of, or otherwise fail to comply with any of the requirements of this Chapter. Every act prohibited or declared unlawful, and every failure to perform an act made mandatory, shall constitute and be prosecuted as a misdemeanor as set forth in Chapter 1. 24 of the Municipal Code.

Section 5. 17. 130. Severability.

If any section, subsection, sentence, clause or phrase of this Chapter or the application thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, the validity of the remaining portions of this Chapter, the application thereof, and the tax imposed shall not be affected thereby but shall remain in full force and effect, it being the intention of the City Council and the voters to adopt each and every section, subsection, part, clause, sentence and phrase regardless of whether any other section, subsection, part, clause, sentence or phrase or the application thereof is held to be invalid or unconstitutional.

Section 5. 17. 140. Effective date.

This Ordinance enacting this Chapter as a part of the
Municipal Code and levying the business license tax described herein shall be effective ten ( 10) days after the date on which the City Council has declared that the voters of the City of Highland have approved this Ordinance by a majority of the votes cast by the electors voting on the tax proposal set forth in the Ordinance." SECTION 2. The City Attorney
directed to prepare a summary of the
published in a newspaper of general
Highland. A certified copy of the full
be posted and available in the office
7 is hereby designated and
Ordinance, which shall be
circulation in the City of
text of the Ordinance shall
of the City Clerk.
-10-
SECTION 3. The Mayor shall sign this Ordinance and the
City Clerk shall attest and certify the passage
and adoption of
this Ordinance if a majority of the voters voting in the City' s special election on November 3, 1998 approve that measure asking whether the voters approve this Ordinance.

PASSED, APPROVED AND ADOPTED this 28th y of _ July 98.

R
Mayo
Raymond B. Rucker, Jr.

ATTEST:
1 O4 0. X-eCity Clerk
Debbie A. Lee
8 -11-

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO)

CITY OF HIGHLAND )
I, DEBBIE A. LEE, City Clerk of the City of Highland, California, do hereby certify that Ordinance No. 237 had its first reading on July 14, 1998 and had its second reading on December 8, 1998 and was duly and regularly adopted by the City Council of the City of Highland at a regular meeting of said Council thereof, held on the 8th day of December, 1998, by the following vote:

AYES: Brown, Rucker, Starbuck, Timmer, Mayor Sundquist
NOES: None
ABSTAIN: None
ABSENT: None
DEBBIE A. LEE, CITY CLERK
-12-
Attachment 2
-13-
ORDINANCE NO. 265

AN ORDINANCE OF THE CITY OF HIGHLAND, CALIFORNIA, AMENDING CHAPTER 5. 17 OF THE HIGHLAND MUNICIPAL CODE (ORDINANCE NO. 237)

BUSINESS LICENSE TAX ON THE EXTRACTION AND/ OR PROCESSING OF ROCK, SAND AND GRAVEL [AGGREGATE]), TO PROVIDE FOR CLARIFICATION

AND AMENDMENT OF PROCEDURAL REQUIREMENTS, INCLUDING

ADMINISTRATIVE REMEDIES
THE CITY COUNCIL OF THE CITY OF HIGHLAND DOES ORDAIN AS FOLLOWS:

SECTION 1. Findings and Purpose.

A. Ordinance No. 237 was enacted by the voters on November 3, 1998, establishing a business license tax on the extraction and/ or processing of rock, sand and gravel ( mining). The business license tax established a source of general purpose revenue which may be used by the City to provide a wide range of benefits to the community. Ordinance No. 237 has now been codified as Chapter 5. 17 of the Highland Municipal Code. Section

5. 17. 120 of Ordinance No. 237 provides that the procedural provisions of Chapter 5. 17 may be amended by Ordinance duly enacted by the City Council.

B. The proposed amendment to Chapter 5. 17 of the Highland Municipal Code does not change the amount of the business license tax or general purpose revenues to be received by the City pursuant to Ordinance No. 237. In enacting this Ordinance, the City Council provides for additional procedural and constitutional safeguards in the Ordinance, which better protect the City and the businesses which are subject to the business license regulations, by establishing a clear administrative appeal procedure, and setting forth terms and conditions that clarify the application of the Ordinance, without amending the amount of the tax (or equivalent) to be collected by the City.

SECTION 2. Amending Chapters 17 of the Highland Municipal Code ( Ordinance No. 237).

Chapter 5. 17, " Business License Tax on Extraction and/or Processing of Rock, Sand and Gravel (Aggregate)" of the Highland Municipal Code, enacted by the voters as Ordinance No. 237, is hereby amended in pertinent part as follows:

A. Subsection E shall be added to Section 5. 17. 040, to read as follows:

E. Determination of tax or license classification - right to hearing. 1) The Collector shall determine the amount of business license tax due or the proper classification for a business by means of such -14-
information as he may be able to obtain if:
a) Any person fails to file any required statement within the time prescribed; or
b) If, after demand therefor has been made by the Collector, he fails to file a corrected statement within fifteen ( 15) days after notification to do so; or
c) It appears to the satisfaction of the Collector that a statement filed does not set fort the facts of the business for which a license is required; or
d) If a licensee or an applicant for a license believes that his individual business is not assigned to the property
classification because of circumstances peculiar to it. 2) Notice of Determination. If such determination is made, the Collector shall give notice of the amount so assessed, or classification found to be appropriate in the following manner:
a) By serving it personally; or
b) By depositing it in the United States mail, postage prepaid, addressed to the person so assessed at the address
appearing on his last business license or application therefore. 3) Right to Hearing. Such person may, within ten ( 10) days after the serving or mailing of such notice, apply in writing to the Collector for a hearing on the amount of the business license tax or classification determination.

If such application is made, the Collector shall give not less than five 5) days' written notice, in the manner prescribed herein, to the licensee to show cause, at a time and place fixed in the notice, why the amount specified therein should not be fixed or classification determined for such license.

At such hearing, the licensee may appear and offer evidence why such specified tax should not be fixed as the business license tax or such classification prescribed.

After such hearing the Collector shall determine the proper tax to be charged or classification prescribed. He shall forthwith give written notice to the licensee in the manner prescribed herein of such -15-
determination and to amount of the tax."
B. Subsections E and F shall be added to Section 5. 17. 090, to read as follows:

E. The Collector may require the filing of a verified statement from any person claiming to be excluded or exempt by the provisions of this Chapter. Such statement shall set forth all facts upon which the exclusion or exemption is claimed.

F. Interstate Commerce - Relief from undue burdens.
1) No business license tax authorized by this Chapter shall be so applied as to occasion an undue burden upon interstate commerce. 2) If a licensee or applicant for a license believes that the business license tax places an undue burden on such commerce, he may apply to the Collector for an adjustment of the tax so that it shall not be discriminatory or unreasonable as to such commerce. Such application may be made before, at or within six ( 6) months after payment of the prescribed business license tax.
3) The applicant shall, by affidavit, supporting testimony and documentary evidence, show his method of business and the gross volume or estimated gross volume of business and such other information as the Collector may deem necessary in order to determine the extent, if any, of such undue burden on such commerce.
4) The Collector shall conduct an investigation. After obtaining the written approval of the City Attorney, the Collector shall within fifteen 15) days afterthe applicant has submitted the necessary information, fix the business license tax for the applicant in an amount that is reasonable and nondiscriminatory. If the business license tax has already been paid, the Collector shall order a refund of the amount over and above the business license tax so fixed. In fixing the business license tax to be charged, the Collector shall be authorized to base the tax upon a percentage of gross receipts or any other measure which will assure that the business license tax assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the business license tax as prescribed by this Chapter.
5) Should the Collector determine the gross receipts measure of business license tax to be the proper basis, he may require the applicant to submit, either at the time of termination of to applicant' s -16-
business in the City or at the end of each three months, a sworn statement of the gross receipts and pay the amount of business license tax therefor; provided, that no additional business license tax during any one calendar quarter shall be required after licensee shall have paid an amount equal to the annual business license tax as prescribed in this Chapter."
C. Section 5. 17. 110 shall be added to Chapter 5. 17, to read as follows:

Section 5. 17. 110. Appeals.

A. Who may appeal. Any person aggrieved by the application of this Chapter, or by any decision of the Collector regarding the issuance or refusal to issue a license, the appropriate license classification of the business, or the amount of a business license tax, may appeal to the City Council by filing a notice of appeal with the City Clerk within sixty (60) days after the due date for payment of the tax, or within fifteen ( 15) days of any decision of the Collector. The notice of appeal shall be accompanied by an appeal fee in an amount established by resolution of the City Council and shall state the grounds for the appeal. The initiation of an appeal shall not relieve the appellant of the obligation to pay the tax.

B. Public hearing. The City Clerk shall set a time and place for a public hearing of such appeal before the City Council and shall give the appellant not less than ten ( 10) days' written notice thereof in the following manner:
1) By serving it personally, or
2) By depositing it in the United States mail, postage prepaid, addressed to such person at the address appearing on his last business license or application.

At the public hearing the City Council shall consider the evidence presented by the appellant, the Collector, and other interested parties prior to making a decision. The hearing may be continued from time to time.

C. Findings of the City Council. The findings of the City Council shall be final and conclusive. They shall be served upon the appellant in the manner prescribed in subsection B of this section by the City Clerk. Review of any final decision by the City Council shall be requested pursuant to Code of Civil Procedure Section 1094.5.

D. Due Date of Tax. The amount of any business license tax finally determined as provided in this section shall be due and payable as of the date the original business license tax was due and payable, together with any -17-
penalties that may be due thereon; provided, however, that if the amount of such business license tax is fixed in accordance with the original statement of the appellant, no penalty shall attach by reason of any delinquency." D. Section 5. 17. 130 shall be amended, to read as follows:

Section 5. 17. 130. General Penalty for Violations.

All remedies provided under this Chapter shall be cumulative. The use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions of this Chapter."
E. Section 5. 17. 140 shall be added, to read as follows:

Section 5. 17. 140. Effect on Past Actions and Obligations.

Neither the adoption of the Ordinance codified in this Chapter, nor its superseding of any portion of any other Ordinance of the City shall in any manner be construed:

A. To affect prosecution for violation of any other Ordinance committed prior to the effective date of the Ordinance codified in this Chapter; or B. As a waiver of any license or other penal provisions applicable to such violation; or
C. To affect the validity of any bond or cash deposit required by any ordinance to be posted, filed, or deposited.

All rights and obligations pertaining to the foregoing shall continue in full force and effect.

F. Sections shall be renumbered consistent with this amendment.

The table of contents of Chapter 5. 17, and each section thereof shall be sequentially renumbered to reflect the amendments adopted by this Ordinance, and each internal reference to the sections or subsections of Chapter 5. 17 may be administratively corrected by the City Clerk to reflect the amendments made herein.

G. A typographical error in subsection C of Section 5. 17. 030 shall be corrected, to read as follows:
-18-
C. In addition to the measures set forth in this Section, the City may conduct an audit to insure compliance with this Chapter. The expenses incurred in the completion of the audit shall be paid by the City, unless inaccuracies in reporting are identified. Should inaccuracies be identified, the penalties set forth in Section 5, 17. 060 shall be assessed, including the cost of the audit." SECTION 3. Savings and Severabilh.

Nothing in this Ordinance is intended to supersede or alter the amount of the business license tax enacted by the voters, adopted by Ordinance No. 237 and codified in Chapter

5. 17 of the Municipal Code, but rather this Ordinance is intended only to amend or correct the administrative and procedural provisions of Chapter 5. 17. If any section, subsection, sentence, clause or phrase of this Ordinance or the application thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, the validity of the remaining portions of this Chapter, the application thereof, and the tax imposed shall not be affected thereby but shall remain in full force and effect, it being the intention of the City Council and the voters to adopt each and every section, subsection, part, clause, sentence and phrase regardless of whether any other section, subsection, part, clause, sentence or phrase or the application thereof is held to be invalid or unconstitutional.

SECTION 4. Publication and Effective date.

This Ordinance shall be published and/ or posted in accordance with State law and City Resolution within fifteen ( 15) days following its adoption, and shall take effect thirty ( 30) days after its adoption.

PASSED, APPROVED AND ADOPTED this 1211 day of December, 2000.

APPROVED AS TO FORM:

Margue ite P. Battersby
City Attorney
satin R_ Starb
Mayor_.-- ,
ATTEST:

Debbie A. Lee, CMC
City Clerk
-19-

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO)

CITY OF HIGHLAND )
I, DEBBIE A. LEE, City Clerk of the City of Highland, California, do hereby certify that Ordinance No. 265 had its first reading on November 28, 2000 and had its second reading on December 12, 2000 and was duly and regularly adopted by the City Council of the City of Highland at a regular meeting of said Council thereof, held on the 12th day of December, 2000, by the following vote:

AYES: Brown, Rucker, Sundquist, Timmer, Mayor Starbuck
NOES: None
ABSTAIN: None
ABSENT: None
Xt ( it &= z
DEBBIE A. LEE, CITY CLERK
-20-
Attachment 3
-21-
RESOLUTION NO. 2023 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND

FIXING THE HIGHLAND BUSINESS LICENSE TAX ON THE EXTRACTION

AND/ OR PROCESSING OF ROCK SAND AND GRAVEL ( AGGREGATE) FOR FISCAL YEAR 2023- 2024
WHEREAS, the electors of the City of Highland, on November 3, 1998, duly authorized a business license tax on the extraction and/ or processing of rock, sand and gravel ( aggregate) hereinafter referred to as the Mining Tax; and
WHEREAS, the City Council certified the election and codified Ordinance No. 237 as Chapter

5. 17, Business License Tax on the Extraction and/ or Processing of Rock, Sand and Gravel Aggregate) of Title 5, Business Licenses and Regulations; and WHEREAS, the amount of such tax established and approved by the electors was fixed through Fiscal Year 2002; and
WHEREAS, the City Council shall consider an adjustment to the Mining Tax annually in accordance with the Consumer Price Index, for all urban consumers for Riverside -San Bernardino - Ontario, CA ( or substantially equivalent index), with the exact rate to be fixed from time to time by Resolution of the City Council; and
WHEREAS, the City Council desires to comply with both the letter and spirit of Ordinance No. 237 approved by the electors of the City, and to adjust the Mining Tax in accordance therewith.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HIGHLAND DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. Pursuant to Government Code Section 66018, the amount of the adjusted Mining Tax must be adopted by Resolution of the City Council, after providing notice and public hearing.

SECTION 2. Notice of the public hearing was given pursuant to Government Code Section 6062a, oral and written presentations made and received, and the required public hearing has been held.

SECTION 3. Pursuant to Government Code Section 6062a, a general explanation of the hereinafter contained the Mining Tax has been published in a newspaper of general circulation.

SECTION 4. All requirements of Government Code Section 66018 are herebyfound to have been complied with.

Page 1 of 3 ends

-22-
SECTION 5. The adjusted business license tax on the extraction and/ or processing of rock sand and gravel ( aggregate) to be collected is hereby determined and established pursuant to Ordinance No. 237 as set forth in the Exhibit A, attached hereto and incorporated herein.

SECTION 6. The City Council does hereby set the Mining Tax as reflected in Exhibit A, effective July 1, 2023, with returns for the tax submitted within 15 days following the end of each quarter commencing on October 1, 2023.

SECTION 7. The City Clerk shall certify to the adoption of this Resolution.

APPROVED AND ADOPTED this 111h day of July, 2023.

Larry McCallon, Mayor
ATTEST: APPROVED AS TO FORM:

Elizabeth Hughes, MMC, City Clerk Maricela Marroquin, City Attorney

Page 2 of 3 ends

-23-
Exhibit A
The Business Licenses Tax on the Extraction and/ or Processing of Rock, Sand and Gravel ( Aggregate).

The estimated adjustment in revenue is based on the change in the Consumer Price Index, for all urban consumers for the Riverside -San Bernardino -Ontario; Ca. ( or substantially equivalent index) as follows:

Points Changes*
Current CPI May, 2023 128. 768
Minus Previous CPI May, 2022 123. 893
Index Point Change 4. 875
Period of Review is from May 31, 202Z to May 31, 2023.

Percent Change
Index Point Change
Change in CPI
Percent Change
Proposed Business License Tax Increase
Existing Tax ( July 1, 2022)
Proposed Tax Increase ( July 1, 2023)
Proposed Tax (July 1, 2023)

Page 3 of 3 ends

4. 875

0.03935 ( 4. 875/ 123. 893 = 0. 03935)

3. 93% ( 0. 039355x100 = 3. 93%)

0. 2499 per ton

0. 0098 per ton ($ 0. 2499 x

3. 93% _ $ 0. 0098)

0. 2597 per ton
-24-

STAFF REPORT

TO THE CITY COUNCIL
DATE: July 11, 2023
FROM: Joseph Hughes, City Manager
REVIEWED BY: Carlos Zamano, Public Works Director/City Engineer L'? PREPARED BY: Ben Booth, Senior Civil Engineer
SUBJECT: Pavement Management Program 2023 Update
RECOMMENDATION: The Public Works Subcommittee recommends that the City Council approve Scenario 1- B of the Pavement Management Program ( PMP) 2023 Update and project location maps for implementation of the 5- Year PMP.

FISCAL IMPACT: The fiscal impact associated with the 5- year PMP is $ 16 million. The first 2- years of the PMP will be paid for using various funds in the adopted budget for 2023- 2025.

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

BACKGROUND: Nichols Consulting Engineers ( NCE), the pavement engineering company that prepared the PMP for the City in 2005, 2015, and 2023 will present a summary of the Program to the City Council via a PowerPoint.

Below is additional information on this topic:

A. Work Program
The 2023- 2024 Work Program includes a HP+ Priority work item regarding the determination of funding level and prioritization of project locations for the 5- Year PMP. The key elements of this work item are:

1. Conduct a City- wide pavement survey and analysis and determine the best maintenance strategies for various street locations throughout the City.

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

File No.

City Manager
-1-

2. Identify potential fund sources for implementation of the PMP.

3. Obtain City Council policy direction relative to the level of funding and the allocation of City resources needed to provide sustainable long- term funding of the PMP, and

4. Based on the established funding level as directed by the City Council and using the City- wide pavement analysis, select street locations for pavement projects for incorporation in the City' s Capital Improvement Program.

B. Pavement Management Program
Pavement Management Program is a planning tool that utilizes engineering software to manage pavement of the City' s street system in a centralized database. It utilizes engineering software to forecast pavement maintenance needs and assists in budgeting for pavement management. In essence, the PMP helps the City to identify pavement maintenance strategies and to prioritize pavement projects in a cost effective manner to best serve the community. The City' s last PMP was prepared by NCE in 2015 where the average pavement condition City-wide was 71.

The 2023 PMP has recently been completed by NCE and consists of the following main tasks:

Perform pavement condition surveys on 10% of the City' s street network to tabulate pavement distresses. Enter data into engineering software to calculate a Pavement Condition Index ( PCI). PCI is based on a scale of 0 to 100 with 100 being best.

2. Input maintenance and rehabilitation work performed in the street network since the last update in 2015.

3. Utilize PMP software to forecast the City' s pavement needs for the next 5 and 10- year periods, utilizing a cost -benefit analysis of the various strategies, including crack seal, slurry seal, overlay, and reconstruction that will need to be performed.

4. Create a list of potential projects for consideration to incorporate in the City' s Capital Improvement Programs for the next 5 to 10 years.

Following is the pavement condition category breakdown:

Condition Category PCI Range
Very Good 70- 100
Good 50- 69
Poor 25- 49
Very Poor 0- 24
The current pavement analysis found that the average pavement condition of the City' s entire street network has dropped from 71 to 68 in the past 8 years, which remains within the category Good.
-2-
C. Funding Scenarios
The PMP analyzed 4 funding scenarios of pavement management for the next 5 and 10- year periods. Based on different level, the resultant pavement condition and amount of deferred maintenance are determined to be:

Scenario Annual Cost
Pavement Condition Scenario Deferred
Index ( PCI) Duration Maintenance
1A 3. 2 million Reduce from 68 to 67 10- year 94. 3 million 1 B 3. 2 million Increase from 68 to 5- year 52. 6 million 71 2 Approx. $ 4.2 million Improve and maintain 70 10- year 72. 6 million Very Good category)
3 Approx. $ 7. 5 million Increase 68 to 79 10- year 33. 9 million Notes:

The budget, network PCI, and deferred maintenance scenario 1 B is not directly comparable to the results of a 10- year scenario.

Update to the Public Works Subcommittee Memorandums presented on May 23 and June 28, 2023: As a result of the final report analysis, Scenario 1 B pavement strategy will increase the net - weighted average City PCI from 68 to 71. The strategy will not maintain a PCI of 68 over the next 5 years as previously stated. This is due to the implementation of more accurate street data, increase level of pavement rehabilitation and geographically clustering pavement work to increase cost savings.

The Public Works Subcommittee recommends Scenario 1- B pavement strategy for the 5- year PMP with an annual budget of $3. 2 million, for a total of $ 16 million for the 5- year duration.

Implementation of Scenario 1 B is shown in the table below:

Fiscal Year Current 23/ 24 24/ 25 25/ 26 26/ 27 27/ 28 Total Budget ($ M) N/ A 3. 2 3. 2 3. 2 3. 2 3. 2 16. 0
Rehabilitation Project ($ M) N/ A 3. 2 0. 0 3. 2 3. 2 3. 2 12. 8 Preventive Maintenance
Project ($ M)
N/ A 0. 0 3. 2 0. 0 0. 0 0. 0 3. 2
Total Projects ($ M) N/ A 3. 2 3. 2 3. 2 3. 2 3. 2 16. 0 Sectors Implementation N/ A A& B A thru E c D E N/ A
Treated Network PCI 68 70 73 72 72 j
71 1 N/ A
In addition to the 5- year PMP work, the City has committed an additional $ 9. 9 million to pavement work over the next 5 years. These projects are funded by a combination of local and grant funds in accordance with the 5- year Capital Improvement Program approved by the City Council. See the following table for the City' s list of Committed Projects. -3-
Project Name Roadway Start End
Project Completion
FY
Total Project
Cost
brg07001 Base Line Walgreens TS 500' West of Yarnell Rd 2026- 27 675,318. 00 ola23001
Union Street Elmwood Court Del Rosa Avenue
2024- 25
295,000. 00 Elmwood Court Union Court North End
ola23002
5th Street Tippecanoe Avenue 110' East of Marilyn Street 2023- 24
3, 358, 000. 00
5th Street Victoria Avenue 240' east of Victoria Avenue 5th Street Lankershim Avenue 650' west of Lankershim Avenue Orange Street South City limits Greenspot Road
Greenspot Road Boulder Avenue Plunge Creek Bridge
Greenspot Road East City Limits 2, 700' west of City limits str20002a Pacific Street Victoria Avenue Church Avenue 2023- 24 790, 000. 00 str22001 Pacific Street Del Rosa Drive Sterling Avenue 2024- 25 653, 000. 00 str17002 Victoria Avenue 3rd Street 9th Street 2025- 26 2, 443, 341. 00 str18001
3rd Street Palm Avenue 5th Street
2024- 25
1, 466, 055. 00
5th Street Palm Avenue Church Avenue
Palm Avenue 3rd Street 5th Street
Central Avenue 3rd Street 5th Street
str22002
Streater Drive -
Glenheather Base Line Church Street 2024- 25
195, 024.00 Love Street Church Street East End/ CDS
TOTAL:

The 5- Year Budget for all pavement work is summarized below:

Description Total Amount
Committed Projects $ 9, 900, 000
PMP Projects $ 16, 000, 000
25, 900, 000
D. Fund Sources
Generally, PMP pavement projects will be funded by the following sources:

1. Measure I Local Pass Thru $ 1, 689, 000

2. SB- 1 RMRA $ 1, 040, 000

3. General Capital Financing — Pavement Impact Fee $ 326, 000

4. Maintenance of Effort $ 145, 000
3, 200, 000/ year
9, 875, 738. 00
Maintaining the current funding level of $ 3.2 million over a 10- year period will result in a gradual deterioration of pavement condition ( from 68 to 67) and an increase of deferred maintenance ( from

47. 2 million to $ 94. 3 million).

If available, the following are appropriate sources to fund pavement projects:

1. RAC Grant

2. EVWD

3. Various state and federal grants
E. Attachments
On June 28, 2023, staff presented to the Public Works Subcommittee the attached maps, which are maps showing project locations and maintenance strategies for Scenario 1 B ($ 3. 2 million per year) as well as the City' s committed pavement projects.

M:\ PUBWRK\ strl9003 - 2020 PMP\ Staff Report\ PMP Report Acceptance Staff Report 7- 11- 2023. doc -4-
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PAVEMENT MANAGEMENT PROGRAM UPDATE N
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Committed Projects 0 Sector City of Highland
0 Sector B City Budget Scenario Implementation 1
MIII and Overlay Sector C
Street Rehabilitation Projects 0 1, 000 2, 000
E
Slurry Seal 0 Sector D
2023/ Z4

REVISED APPROVED

SOURCE JOB NUMBER DRAWN DATE
Seal Cracks 0 Sector E StreetSaver Database 439. 04. 30 MSamara 07/ 03/ 2023 -5-
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and Overlay Sector CStreet Rehabilitation Projects 0 1, 000 2, 000 ft. E
Slurry Seal Sector D 2024/
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JOB DRAWN DATE REVISED APPROVED Seal
Cracks Sector E StreetSaver Database 439. 04. 30 MSamara 07/ 03/ 2023 -6-
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PAVEMENT MANAGEMENT PROGRAM UPDATE N
FIGURE
Committed Projects
Sector
City of Highland
Sector B City Budget Scenario Implementation 3
Mill and Overlay 0 Sector C
Street Rehabilitation Projects o 1, 000 2, 000
Slurry Seal
E
Sector D
FY2025/ 26 SOURCE
JOB NUMBER DRAWN DATE REVISED APPROVED Seal
Cracks 0 Sector EStreetSaver Database 439. 04. 30 MSamara 07/ 03/ 2023 -7-
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STAFF REPORT

TO THE CITY COUNCIL
DATE: July 11, 2023
FROM: Joseph A. Hughes, City Manager
REVIEWED BY: Lawrence A. Mainez, Community Development Director Betty Hughes, City Clerk, MMC
PREPARED BY: Camille Goritz, Administrative Assistant II SUBJECT: Appoint One ( 1) Member of the Public to the Historic and Cultural Preservation Board.

RECOMMENDATION: Staff recommends the City Council appoint one ( 1) member of the public to the Historic and Cultural Preservation Board.

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

BACKGROUND: On May 9, 2023, the City Council declared one ( 1) seat vacant due to a resignation of a Board Member Tyler Brown and posted that vacancy in accordance with the Maddy Act and this term expires February 2024. Pursuant to Chapter

2. 20. 050 of the Highland Municipal Code, the Historic and Cultural Preservation Board shall consist of five members appointed by the City Council and shall serve without compensation. All members of the board shall have a demonstrated interest in or knowledge of historic preservation and the cultural resources of the city. Therefore, it would be appropriate for the City Council to appoint one ( 1) individual to the Historic and Cultural Preservation Board.

Attachment: 1. Public Service Applications
4pproved Motion
Denied Ayes
Zontinued Noes
Fabled Abstain
Absent
City Clerk
Second
City
Agenda Item No.

File No.
-1-
ATTACHMENT 1
Public Service Applications
-2-
Public Service Application
Daniel Lowry
-3-
RECEIVED For Office Use Only:

OCT 172022 Expires:

CITY OF HIGHLAND

CITY CLERK

PUBLIC SERVICE APPLICATION
Appointees must be residents within the corporate city limits of the City of Highland, serve without compensation, submit a Statement of Economic Interests Form 700 and complete an ethics training course pursuant to AB 1234.

BOARD/ COMMISSION/ COMMITTEE YOU ARE APPLYING FOR:

Community Trails Committee ( see attached roles and responsibilities) Historic and Cultural Preservation Board ( see attached roles and responsibilities) Planning Commission ( see attached roles and responsibilities) PERSONAL INFORMATION:

Name:

J
Address:

How long have you resided in Highland? ZL
Home phone: Q I " 3 Cell phone: - 7
Work phone:

Email address: ( i- a v R (--?
Occupation/ Employer: Va
Employer address: / - rn "
1A Position
held: Available
for meetings: Daytime Evenings Q' Both Public
Service Application September
2020 Page
-4- 1 of 5
V- re
INTEREST IN THE POSITION:

What are your principal areas of interest in your City Government? it -- r A 4i%;'0' A,:--
0 Education, training or special knowledge which might be relevant to this appointment:

LZ A: FEmployment, membership in service or community organizations or volunteer work which might be relevant to this `appointment:

ITV 7 il iVGtJ ! l1( 1/ L 0 (' i'
mac. A-- t /-I . i rod ,-, d -, T v2l
U1
C
Public service Application
September 2020

Page 2 of 5 ends

-5-
Have you been, or a14e
u now, a member of a governmental board, commission or
committee? s No
If so, please list the name and dates served:

REMARKS:

Please indicate any further information you wish to add regarding your desired appointment ( use other side of paper if needed).

SIGNATURE:

DAT -
Check box to confirm you have read the attached roles and responsibilities related to the committee, board or commission you are applying for.

When you have completed this application, please submit to:

CITY CLERK

CITY OF HIGHLAND
27215 BASE LINE
HIGHLAND CA 92346
909) 864- 6861, EXT. 226
This application will be kept on file for a period of one year from the date signed.

Public Service Application
September 2020

Page 3 of 5 ends

-6-
Public Service Application
Wadsworth Murad
-7-
OCT 17 2022

CITY OF HIGHLAND
CITY CLERK.

PUBLIC SERVICE APPLICATION
For Office Use Only:

Expires:

Appointees must be residents within the corporate city limits of the City of Highland, serve without compensation, submit a Statement of Economic Interests Form 700 and complete an ethics training course pursuant to AB 1234.

BOARD/ COMMISSION/ COMMITTEE YOU ARE APPLYING FOR:

Name: /%' S4111-a /' Ul
Address: S- A-1 .

12.E ..,+! z - 31
How long have you resided in Highland? ® 74- yl`
Home phone: 40 2— 3 0- Cell phone: gp
Z — 2l
Work phone:

Email address: ' '
Occupation/ Employer: psi
Employer address:

Position held:

Available for meetings: Daytime Evenings 0 Both
Public Service Application
September 2020

Page 1 of 5 ends

-8-
Have you been, or are you now, a member of a governmental board, commission or committee? Yes No
If so, please list the name and dates served:

REMARKS:

Please indicate any further information you wish to add regarding your desired appointment ( use other side of paper if needed).

SIGNATURE: e55`
DATE: o// y/ 29zz
Check box to confirm you have read the attached roles and responsibilities related to the committee, board or commission you are applying for.

When you have completed this application, please submit to:

CITY CLERK

CITY OF HIGHLAND
27215 BASE LINE
HIGHLAND CA 92346
909) 864-6861, EXT. 226
This application will be kept on file for a period of one year from the date signed.

Public Service Application
September 2020

Page 3 of 5 ends

-9-
INTEREST IN THE POSITION:

What are your principal areas of interest in your City Government? t n- t - 2 cav
D
Education, training or special knowledge which might be relevant to this appointment:
e2Zi) -' . S-> j s e
6-" / Z vi
S
Employment, membership in service or community organizations or volunteer work which might be relevant to this appointment:

Z- L4
Public Service Application
September 2020

Page 2 of 5 ends

-10-
Last update: Aug 2022
Curriculum Vitae
NAME Wadsworth H. Murad, D. O.

PRE -MEDICAL EDUCATION
Bachelor of Science, Biology, University of Redlands, 1980.

GRADUATE EDUCATION
Doctor of Osteopathic Medicine, Western University of Health Sciences, College of Osteopathic Medicine of the Pacific, - 1984.

POST GRADUATE EDUCATION
Los Angeles County-USC Medical Center, Burbank Community Hospital Rotating Internship, 1984 — 1985.

Iowa State Hospital, - Cherokee Mental Health Institute / VA Hospital, Des Moines, Iowa
Residency — Psychiatry, 1990 — 1993. Chief Resident

CERTIFICATIONS
Board Certified in Family Practice, Diplomat 2003, Recertified 2011 Board Certified in Psychiatry, Diplomat 1994, Life -time Certificate

ACADEMIC APPOINTMENTS
Western University of Health Sciences,
College of Osteopathic Medicine of the Pacific
Clinical Assistant Professor of Psychiatry and Family Medicine, July 1993 to April 2010
Clinical Associate Professor of Psychiatry, April 2010 to present Loma Linda University, School of Medicine, Department ofPsychiatry, Assistant Clinical Professor of Psychiatry, October 2005 to Present University of California, Irvine,
Clinical Professor, Psychiatry and Human Behavior — 6/ 25/ 14- present Touro University California, College of Osteopathic Medicine Adjunct Assistant Professor Psychiatry and Family Medicine, July 2016- 2021

PROFESSIONAL APPOINTMENTS
Chief of Medical Staff - Patton State Hospital, elected April 2017- Dec 2019 Osteopathic Physicians and Surgeons of California
Appointed Member, Board of Directors, 2015- 2018
Education Committee — Chair 2013- 2015
Strategic Planning Committee, 2013- 2015
Awarded Most Valuable Physician, 2/ 2014
Vice President - 2018/ 2019, President Elect - 2019- 2020 President - February 2020 — February 2021
Osteopathic Family Physician — Subject expert, Editorial Board, Journal Article Reviewer
-11-
2-
Murad CV

PREVIOUS ACADEMIC

APPOINTMENT
University of Utah, School of Medicine, Department of Psychiatry Clinical Instructor in Psychiatry 1995 to 1998
Duties included supervision of training of assigned medical students, residents and physician assistants, in the training program.

CURRENT EMPLOYMENT - FULL TIME,
Staff Psychiatrist
Inland Psychiatric Redlands, Redlands, CA.

Active Medical Staff, Redlands Community Hospital
Duties include; in -patient and out -patient practice of General Psychiatry

PRIOR EMPLOYMENT - FULL TIME,
Department of State Hospitals — Patton, Retired December 2019 Senior Supervising Psychiatrist, (management position) Patton State Hospital.

Duties include: supervising 12 FTE psychiatrists.

Chief of the Medical Staff, Patton State Hospital April 2017 — Dec 2019 Duties include attending Hospital meeting, administer the office of the Chief of Staff including monitoring and compliance with TJC/ licensing standards, Credentialing and monitoring of Privileges for Medical Staff.

PREVIOUS APPOINTMENTS, Patton State Hospital;
Chief Physician/ Surgeon (August 2015 — to October 10, 2016) Duties: In charge of approximately 80 Medical Ancillary staff and Services, including directly supervising; of 22 Primary Care physicians in a variety of specialties, and 5 Nurse Practitioner' s, on -site clinics for GYN, Surgical, Dental, Podiatric, ENT, Cardiology, Neurology, Pain, EEG, EKG, Audiology, Optometry, Speech and Radiology, as well as all consultants and off site contract services, May 2014- October 2016
Chief of Professional Education ( DME) ( May 2009 —October 2016) In charge of and over seeing all training programs at Patton.

Duties included;
Plan, coordinate, direct and evaluate medical training programs for staff physicians and residents: develop and coordinate interdisciplinary training programs; provide advise and assistance to various treatment departments in planning and conduct of their professional educational activities; examine and diagnose psychiatric patients; determine types of psychiatric and general medical treatment needed.

Develop and co- ordinate all State CME education and lectures -12-
3-
Murad CV
Director of Patton State Hospital Annual, Forensic Conference.

Patton State Hospital is the Largest Forensic Psychiatric Hospital in the Country. ( 1500 in -patient hospital). On -site training programs have included; - Psychiatry Residents from Loma Linda University, Arrowhead Regional Medical Center, University of Riverside, Psychiatric Forensic Fellows from UCI and Medical Students from Western University of Health Sciences, Loma Linda and UCR.

Patton State Hospital also has several free- standing Accredited programs; Psychology Internship program, - Psychology Forensic Fellowship program, Social Work Internship program, as well as programs for Psych Tech student training with Mount Sac College,
Nursing student program with San Bernardino Valley College and Pharmacy Tech student training programs.

ACADEMIC APPOINTMENT DUTIES
Previous Site Training Director, Loma Linda University, Psychiatry Residency program.

Duties included;
Supervision of all residents and medical students on site from program, Providing lectures to residents and medical students
Prior Co -Director and Site Training Director; Psychiatry Residency Program, Arrowhead Regional Medical Center / Patton State Hospital.

Duties included;
Supervision of all residents on site at Patton from program.

Supervision and monitoring of entire residency program at ARMC and Patton
Providing and supervising lectures to Resident physicians Prior Site Training Director, - Western University of Health Sciences, College of Osteopathic Medicine of the Pacific
Duties include;
Supervision of education and training program for medical students on site from programs and coordination of rotations.

Director and Developer of Mini-Psychopharmacology Fellowship Program Patton State Hospital / Neuroscience Education Institute in conjunction with Steven Stahl, M.D., Ph. D.
-13-
Murad CV
Medical Director, full time
Patton State Hospital May 2008 to April 2009
Duties included;
administer, evaluate and approve treatment, education and research services, all clinical staff including approximately 90 psychiatrists, 25 medical physicians, 80 psychologists, 100 Social Workers, 100 Rehabilitation Therapists, several hundred nursing staff, teachers, other therapists and psychiatric technicians. Assist in formulation of over all hospital policy, coordinate facility treatment functions with community health organizations, governmental officials, community planning and advisory groups, and educational institutions. Implements Federal and State laws, departmental policies, and that goals and objectives are consistent with the mission ofthe State Department of Mental Health, all accreditation and other agencies, including Title 22, Licensing, JCAHO and DOJ Enhancement Plan. Assures overall planning is consistent with the needs of the clients/ patients and consistent with community needs.

Assure that the full range of appropriate services are provided.

Chief of Psychiatry, full time
Patton State Hospital, September 2000 to April 2008.

Duties included;
supervision and monitoring of all aspects of patient care and delivery for approximately 90 staff psychiatrists, including recruitment, interviewing, hiring, firing and supervision.

Covering for the Medical Director in her absence
Chair, Department of Psychiatry x 2
June 2006 to May 2008
June 1999 to May 2000
Duties included;
Monitoring of the quality of patient care and professional performance rendered by members of the department. Develop and implement departmental program, credentials review and privilege delineation and monitoring of department member practice.

Recommending concerning practitioner appointment and
classification and re -appointment, setting criteria for clinical privileges, monitoring and taking corrective action on departmental members and prospective hires
-14-
5-
Murad CV

PREVIOUS APPOINTMENTS CONTINUED
Patton State Hospital;
Chief of the Medical Staff,
January 1989 to July 1990.

Chief of Staff Elect
July 1988 to June 1989
Secretary / Treasurer of the Medical Staff,
July 1987 to June 1988
Chair Utilization Review Committee
July 1986 to January 1 1989
Elko General Hospital ( Northeastern Nevada Regional Medical Center) Chief of the Medical Staff,
January 1997 to January 1998.

President, Elko Healthcare Network, PHO
Physician / Hospital Organization)
President, Elko Regional Independent Practitioners Association, IPA).

Chief Resident, Cherokee Mental Health Institute, Cherokee Iowa PAST EMPLOYMENT and EXPERIENCE
Medical Director, Provo Canyon School Adolescent Day Treatment Program. Elko Nevada
1993- 1999
Staff Psychiatrist, Ely State Prison ( Maximum Security ), Ely, Nevada
Medical Director, outpatient clinics, Northeastern Nevada Medical Group
Medical Director, Nevada Med, Behavioral Medicine Clinics, full time Private Practice General Psychiatry
1993 to 1999
Staff Psychiatrist, Patton State Hospital
1985 to 1990.

Staff Psychiatrist Riverside County Mental Health
Duties included supervision of Alternative sentencing program for psychiatrically ill inmates, also
Psychiatric Emergency room physician services ( ETS) 2000 to 2006 -15-
Murad CV

MILITARY
M
Major, United States Air Force Reserve
OIC ( Officer -in -Charge), Medical Staff Credentials
July 2000 to 2008, stand by status 2008 - 2014
Honorably Discharged September 2014)

COMMUNITY SERVICE
Active life member Trinity Episcopal Church
Usher x 10 years,
Feeding ofthe homeless member
Search committee
Blue Christmas Service committee member
Rotary International
Appointed Member, Elko County School Board
American Cancer Society, Annual Relay for Life - last 15 years University of Redlands, community service volunteer

HOSPITAL
COMMITTEE APPOINTMENTS Hospital Policy
Pharmacy and Therapeutics
Emergency Care
Training Advisory - Chair
Clinical Management — Chair
Medical Executive Committee
PAST COMMITTEE Hospital Policy
APPOINTMENTS Medical Executive
Medical Quality Assurance, Chair
Clinical Services
Hospital Governing Body
State- wide Hospital Computerization
Sub -committee
Hospital Training
California Medical Association
Hospital Staff Section, representative for Patton,
Clinical Management
Continuing Medical Education.

Credentials.

California Department of State Hospitals,
Statewide CME Committee — Chair
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Murad CV
OTHER ACCOMPLISHMENTS:

Received Superior Accomplishment Award from the Department of Mental Health for the development and implementation of the behavioral treatment program on Unit 39 at Patton State Hospital.

Participated in the development of the psychiatric treatment program at California Medical Facility, CMF — Vacaville, when the department of mental Health took over the program from Corrections.

Have co- authored two papers on the evaluation and treatment of Assaultive patients at Patton State Hospital.

Have presented papers at the Annual State Hospital Research and Development Conference in Los Angeles and Asilomar, 2/ 88 and 2/ 89.

Presented at the Forensic Mental Health Association Meeting, Asilomar, 3/ 88.

Previously eligible and deemed qualified for the position of; Chief of Psychiatry,
Program Director Medical
Medical Director in the Department of Mental Health,
Chief Medical Officer in the Department of Corrections
for the State of California.

PROFESSIONAL AFFILIATIONS:

American Osteopathic Association,
American Medical Association
California Medical Association,
Nevada Osteopathic Association,
San Bernardino County Medical Society,
American Psychiatric Association
American College of Neuropsychiatrists,
American Academy of Family Physicians
American College of Family Physicians in Osteopathic Medicine and Surgery American Osteopathic Academy of Sports Medicine,
Forensic Mental Health Association of California,
Osteopathic Physicians and Surgeons of California
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Murad CV
OTHER CERTIFICATIONS American Board of Forensic Examiners Diplomat, Fellow
American Board of Forensic Medicine
Diplomat
American Board of Experts in Traumatic Stress
Diplomat
American Board of Psychotherapy
Diplomat.

CPR certified
ACLS certified, Instructor trained
5150 certified trained
Trained in Critical Incident Stress Management
via USAF
Trained in Dialectical Behavior Therapy
By Robin McCann, Ph.D. and
Suzanne Witterholt, M.D. 02/ 2006
Trained in The Hare Psychopathy Checklist, revised
APPOINTED SPECIALIST JOURNAL REVIEWER for
Osteopathic Family Physician, 2013 - 2019

PUBLICATIONS
Murad, W., Streveler, A., "Treatment ofthe Assaultive Patient: An evaluation of a Treatment Program," Unpublished Manuscript, Patton State Hospital, Patton CA. 1985

2. Murad, W., " Osteopathic GME needs to Emphasize clinical training," The DO ( April 1991) pg 15.,
JCAN, Journal ofthe American College ofNeuropsychiatrists, July 1991, vol. 5 number 2, pg. 11.

3. Murad, W., " The Assaultive Schizophrenic," submitted for consideration for the Annual Bingham Competition of scholarly work in the field of schizophrenia, University of Louisville.

4. Murad, W., " A comparison of the Osteopathic and Allopathic General Psychiatry training requirements, in a former Allopathic program; Cherokee Mental Health Institute," submitted for consideration of publication, JACN. July 1991. -18-
Murad CV
LECTURES / PRESENTATIONS GIVEN;

1. Delirium and Dementia,
11/ 2009
Western University of Health Sciences

2. Schizophrenia / Psychotic Disorders
05/ 13/ 2009
Western University of Health Sciences

3. Metabolic Syndrome in Psychiatry
04/ 26/ 2009
Back to Campus" Continuing Medical Education program
Western University of Health Sciences

4. Obsessive Compulsive Disorder / Somatoform Disorders 11/ 2008 Western University of Health Sciences

5. California Mental Health, Qawi Supreme Court Decision, 4/ 21 /2007 Criminally insane patients and refusal of involuntary medications Fox Television News program and Interview

6. Schizophrenia / Psychotic Disorders
04/ 17/ 2006
Western University ofHealth Sciences

7. Anxiety Disorders
04/ 18/ 2006
Western University of Health Sciences

8. Mood Disorders
04/ 18/ 2006
Western University of Health Sciences

9. Schizophrenia / Psychotic Disorders
12/ 2005
Western University of Health Sciences

10. Obsessive Compulsive and Somatoform Disorders
12/ 2005
Western University of Health Sciences

11. Schizophrenia
04/ 2005
Western University of Health Sciences

12. Introduction to Community based Psychiatry
04/ 2005
Western University of Health Sciences

13. Delirium and Dementia
04/ 2005
Western University of Health Sciences
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Murad CV

14. Schizophrenia and other Psychotic Disorders
11 / 2005
Western University of Health Sciences

15. Delirium, Dementia and Amnesic Syndromes
11 / 2005
Western University of Health Sciences

16. Schizophrenia / Psychotic Disorders
10/ 2002
Western University of Health Sciences

17. Introduction to Psychiatry
09/ 27/ 2002
Western University of Health Sciences

18. Introduction to Psychiatry and Community Based Psychiatry 09/ 27/ 2002 Western University of Health Sciences

19. Schizophrenia / Psychotic Disorders
10/ 2001
Western University of Health Sciences

20. Cognitive Disorders, Delirium and Dementia
10/ 2001
Western University of Health Sciences

21. Critical Incident Stress Management, USAF staff training 04/ 2001 March Air Reserve Base

22. Schizophrenia / Psychotic Disorders
10/ 2000
Western University of Health Sciences

23. Anxiety Disorders
10/ 2000
Western University of Health Sciences

24. Evaluation and Treatment ofthe Assaultive patient in a State Hospital 2/ 1989 Forensic mental health Association meeting, Asilomar

25. Evaluation and Treatment of the Assaultive Patient in a State Hospital 3/ 1988 Forensic Mental Health Association meeting, Asilomar

26. Evaluation and Treatment of the Assaultive Patient 2/ 1988 in a State Hospital, Patton State Hospital
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Murad CV

27. Evaluation and Treatment of the Assaultive Patient in a State Hospital 2/ 1988 Annual State Hospital Research
and Development Conference, Los Angeles

28. Forensic Psychiatry Lecture series of 12 weeks planned 03/ 2010 Arrowhead Regional Medical Center / Patton State Hospital

29. Ethics and Law lecture series of 4 weeks planned 06/ 2010 Arrowhead Regional Medical Center / Patton State Hospital

30. Schizophrenia and other Psychotic Disorders
05/ 2010
Western University of Health Sciences, medical student lecture

31. Schizophrenia and other Psychotic Disorders Lecture 05/ 2014 Western University of Health Sciences, medical student lecture References submitted upon request
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STAFF REPORT

TO THE CITY COUNCIL
DATE: July 11, 2023
FROM: Joseph A. Hughes, City Manager
REVIEWED BY: Betty Hughes, MMC, City Clerk
PREPARED BY: Alondra Munoz, Deputy City Clerk
SUBJECT: City Manager Report and Comments
Work Program, Regional/ Legislative/ Development Issues, Subcommittees, etc.)
RECOMMENDATION: Discussion and possible action.

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

File No.

City ager
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STAFF REPORT

TO THE CITY COUNCIL
DATE: July 11, 2023
FROM: Joseph A. Hughes, City Manager
REVIEWED BY: Betty Hughes, MMC, City Clerk
PREPARED BY: Alondra Munoz, Deputy City Clerk
SUBJECT: Council Member Comments
Agency/ Committee/ AB1234 Reports, District Updates, etc.) RECOMMENDATION: Discussion and possible action.

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

File No
Z ZZ-77 -- -
City Man ger
-1-

Highland City CouncilJuly 11, 2023

Highland City Council
July 11, 2023