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
September 12, 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. cityofhighland. org
CITY OF HIGHLAND • 27215 BASE LINE • HIGHLAND, CALIFORNIA 92346 • ( 909) 864- 6861 9 • (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 September 12, 2023, to the City Clerk at pubIiccomment( cD-cityofhighland. org. If you are submitting apublic comment pertaining toan item on the September 12, 2023 agenda, please identify the agenda item number in the subject line. For
those wishing to make apublic comment regarding apublic hearing item (No. 10), 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(a)-citvofh ighland. org. All email
comments shall besubject to the same rules as would otherwise govern speaker comments at the Council meeting. Members of the public will be permitted to make public comments in person. CITY COUNCIL
REGULAR MEETING SEPTEMBER 12,
2023 - 6:00 p. m. AGENDA CALL
TO
ORDER INVOCATION PLEDGE
OF
ALLEGIANCE ROLL CALL
REPORT FROM
CLOSED SESSION SPECIAL PRESENTATIONS
Introduction Brian
Strain,
Emergency MD at Loma Linda 09.12.
2023 — cc regular Page 1
of 5
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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 September 12, 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
Waive the Reading of All Ordinances
RECOMMENDATION: Waive the reading of all Ordinances in their entirety and read by title only.
2. Minutes — August 8 2023 City Council Regular Meeting RECOMMENDATION: Approve the Minutes as submitted.
3. Warrant Register
RECOMMENDATION: Approve Warrant Register No. 757 for September 12, 2023, in the amount of $4, 270, 897. 95 and Payroll of $237,610. 45.
4. Treasurer' s Report for July 2023
RECOMMENDATION: That the City Council receive and file Treasurer' s Report for July 2023.
5. Year-end Budget Adjustments for Fiscal Year 2022/ 2023 RECOMMENDATION: The Finance/ Personnel Subcommittee recommends the City Council approve the year-end budget adjustments for fiscal year 2022/ 2023.
6. Claim Consideration — Luis Carreto
RECOMMENDATION: George Hills
reject the claim.
Company recommends the City Council
7. The Coalition for Clean Air Requests the City to Participate in the 2023 California Clean Air Day on October 4, 2023
RECOMMENDATION: That the City Council adopt Resolution No. 2023- to support and participate in the 2023 California Clean Air Day on October 4, 2023.
09. 12. 2023 — cc regular
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8. Amendment to Cooperative Agreement with San Manuel Band of Mission Indians and Inland Valley Development Agency for the 3rd Street/5th Street Corridors Improvement Project ( Protect No. str18001)
RECOMMENDATION: That the City Council:
1) Approve an Amendment to the Cooperative Agreement with San Manuel Band of Mission Indians ( Tribe) and Inland Valley Development Agency IVDA) regarding the 3rd Street/ 5th Street Corridors Improvement Project to document that the SB- 1 grant in the amount of $1. 7 million will be used as a match for the EDA grant and the City will not invoice this portion of the Project cost from the Tribe and IVDA; and
2) Authorize the Mayor to sign the Amendment.
9. Agreement Between the City and the County Regarding Use of the Local Allocation of Opioid Settlement Funds re: Allergan CVS Teva, Walgreens, and Walmart RECOMMENDATION: That the City Council authorize the City Manager to execute the Agreement between the City and the County regarding use of the local allocation of opioid settlement funds re: Allergan, CVS, Teva, Walgreens, and Walmart.
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. 10), please identify the agenda item in the subject line. Comments can be submitted any time prior to the meeting, as well as during the meeting up until the close of the public hearing on the corresponding item to be considered as part of the record. Please email your comments to publiccomment( Dcityofhighland. 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 at a Council Meeting.
09. 12. 2023 — cc regular Page
3 of 5
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10. Resolution Approving a Development Impact Fee Calculation and Nexus Report 2023 DIF Report) Adopting a Master Facilities Plan Updating and Establishing the Fee Amounts for the City' s Development Impact Fees; Resolution Amending the Park Land Acquisition and Park Facilities Development Fee Applicable to New Residential Subdivisions Pursuant to Section 16. 40.200 of the Highland Municipal Code and the Quimby Act ( Government Code Section 66477); Introduction of Ordinance Updating and Amending the City' s Comprehensive System of Development Impact Fees and Superseding Ordinance Nos. 309 and 422; Making Determinations under CEQA
RECOMMENDATION: The Finance/ Personnel Subcommittee recommends that the City Council:
1) Adopt Resolution No. 2023- approving a Development Impact Fee Calculation Nexus Report ( 2023 DIF Report), adopt a Master Facilities Plan as part of the 2023 DIF Report, updating and establishing the fee amounts for the City' s Development Impact Fees, and making determinations under CEQA;
2) Adopt Resolution No. 2023- amending the Park Land Acquisition and Park Facilities Development Fee applicable to new residential subdivisions pursuant to Section 16.40.200 of the Highland Municipal Code and the Quimby Act (Government Code Section 66477), and making determinations under CEQA;
3) Introduce and conduct first reading, read by title only, of Ordinance No. updating and amending the City' s comprehensive system of Development Impact Fees, superseding Ordinance Nos. 309 and 422, and making determinations under CEQA; and
4) TREH Partners XV, LLC has requested the City Council lock SPR 006- 001A- DRA-20- 012 to the existing Development Impact Fees per Resolution No. 2021- 058 ( see attachment 4).
CITY COUNCIL LEGISLATIVE
11. Measure I Capital Project Needs Analysis for Fiscal Years 2024/ 25-2028/ 29 RECOMMENDATION: That the City Council:
1) Approve the Measure I Five -Year Capital Project Needs Analysis for Fiscal Years 2024/ 25- 2028/ 29 for the Major Street and Freeway Interchange Programs; and
2) Adopt Resolution No. 2023- adopting the Measure I Five -Year Capital Project Needs Analysis for Fiscal Years 2024/ 25- 2028/ 29.
12. Recruitment for a New City Manager
RECOMMENDATION: That the City Council refer this item to the Finance/Personnel Subcommittee to engage the services of a professional recruiting firm.
13. City Manager Report and Comments ( Work Program, Regional/ Legislative/ Development Issues, Subcommittees, etc.)
RECOMMENDATION: Discussion and possible action.
09. 12. 2023 — cc regular
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14. _ 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
October 10; November 14; December 12
I, Alondra Munoz, Deputy City Clerk, certify I caused to be posted this Agenda on or before September 7, 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: September 7, 2023
Alondra Munoz
Deputy City Clerk
09. 12. 2023 — cc regular
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STAFF REPORT
TO THE CITY COUNCIL
DATE: September 12, 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
City Clerk
Second Agenda Item No.
File No.
City Manager
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STAFF REPORT
TO THE CITY COUNCIL
DATE: September 12, 2023
FROM: Joseph A. Hughes, City Manager
REVIEWED BY: Betty Hughes, MMC, City Clerk
PREPARED BY: Alondra Munoz, Deputy City Clerk
SUBJECT: Minutes — August 8, 2023 Regular Meeting
RECOMMENDATION: Approve the minutes as submitted.
Approved Motion
Denied Ayes
Continued Noes
Tabled Abstain
Absent
City Clerk
Second Agenda Item No. 11-
File No.
Cit Manager
-1-
MINUTES
CITY COUNCIL REGULAR MEETING
AUGUST 8, 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 Rex Arnold, Centerpoint Church, and the Pledge of Allegiance was led by Council Member Timmer.
ROLL CALL
Present: Lilburn, McCallon, Solano, Timmer
Absent: Chavez -Cordova
REPORT FROM CLOSED SESSION
None
SPECIAL PRESENTATIONS
Mayor McCallon presented Assembly Member James Ramos with a Proclamation proclaiming September 22, 2023 as California Native American Day.
CAL FIRE Deputy Chief, Ron Janssen introduced Liz Brown as the newly appointed Battalion Chief for the City of Highland.
PUBLIC COMMENT ( ITEMS NOT ON THE AGENDA)
Christina Flores spoke regarding issues with internet and trash service practices by management at Fairway Mobile Estates.
Elvira Perez spoke regarding issues with internet service practices by management at Fairway Mobile Estates.
Teresa Balcazar spoke regarding issues with trash service practices by management at Fairway Mobile Estates.
08. 08. 2023 — cc regular
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CITY COUNCIL CONSENT CALENDAR
A MOTION was made by Council Member Timmer, seconded by Council Member Solano, to approve the consent calendar as submitted with Mayor Pro Tem Lilburn abstaining from Item # 10. Motion carried on a roll call vote, 4- 0, with Council Member Chavez- Cordova being absent.
1. Waive the Reading of All Ordinances
Waived the reading of all Ordinances in their entirety and read by title only.
2. Minutes - July 11, 2023 City Council Regular Meeting Approved the Minutes as submitted.
3. Warrant Register
Approved Warrant Register No. 756 for August 8, 2023, in the amount of 4, 025, 104. 28 and Payroll of$ 238,462. 86.
4. Treasurer' s Report for June 2023
Received and filed Treasurer' s Report for June 2023.
5. Claim Consideration - Cari McCormick v. CaIPERS
Rejected claim.
6. Records Destruction Authorization
Approved the destruction of certain records.
7. Notice of Completion - Bid No. 2023- 02, " Emmerton Lane Trail Restoration & Improvement Project"
1) Accepted Project No. 2023- 02, " Emmerton Lane Trail Restoration & Improvement Project" as complete;
2) Authorized the Mayor to sign the Notice of Completion; and 3) Directed the City Clerk to file the Notice of Completion.
8. Notice of Completion - Bid No. 2022- 10, " Article III Transit Stop Access Improvements to Omnitrans Bus Routes # 4 and # 15 on Base Line, Boulder Avenue, and 9th Street, and Pedestrian Improvements on Olive Tree Lane (Project swk19002) and Article III Sidewalk Improvement Project Messina Street at Seine Avenue ( Project swk21001)"
1) Accepted Bid No. 2022- 10, " Article III Transit Stop Access Improvements to Omnitrans Bus Routes # 4 and # 15 on Base Line, Boulder Avenue, and 9th Street, and Pedestrian Improvements on Olive Tree Lane ( Project swk19002) and Article III Sidewalk Improvement Project Messina Street at Seine Avenue (Project swk21001)";
2) Authorized the Mayor to sign the Notice of Completion; and 3) Directed the City Clerk to file the Notice of Completion.
08. 08. 2023— cc regular
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9. Notice of Completion - Bid No. 2022- 11, " Lankershim Avenue at 9th Street Traffic Signal Improvements" ( Project No. sig19001)
1) Accepted Bid No. 2022- 11, " Lankershim Avenue at 9th Street Traffic Signal Improvements" ( Project No. sig19001) as complete;
2) Authorized the Mayor to sign the Notice of Completion; and 3) Directed the City Clerk to file the Notice of Completion.
10. Community Development Block Grant ( CDBG) Subrecipient Contract between the City of Highland and Highland District Council on Aging, Inc., to Provide for Senior Programs, Activities and Services to Improve Quality of Life, Physical Fitness, Social Programs, Daily Interaction and Nutrition to Low- and Moderate- Income Seniors
Approved the contract and authorized execution by the Community Development Director.
11. Declare One ( 1) Seat Vacant on the Planninq Commission 1) Declared One ( 1) seat vacant on the Planning Commission; and 2) Directed the City Clerk to advertise the vacancy on the Planning Commission.
CITY COUNCIL PUBLIC HEARING
12. Resolution Approving a Development Impact Fee Report (Nexus Study), Adopting a Master Facilities Plan, Updating and Establishing the Fee Amounts for the City' s Development Impact Fees; Resolution Amending the Park Land Acquisition nd Park Facilities Development Fee Applicable to New Residential Subdivisions Pursuant to Section 16.40.200 of the Highland Municipal Code and the Quimby Act ( Government Code Section 66477); Introduction of Ordinance Updating and Amending the City' s Comprehensive System of Development Impact Fees and Supersedinq Ordinance Nos. 309 and 422; Making Determinations under CEQA Mayor McCallon introduced the item and stated, that per the request from staff, the item will continue to the September 12, 2023 City Council meeting.
Mayor McCallon opened the public hearing.
A MOTION was made by Council Member Solano, seconded by Mayor Pro Tern Lilburn, to leave the public hearing item open and continue this item to the September 12, 2023 City Council meeting. Motion carried, 4- 0, with Council Member Chavez -Cordova being absent.
08. 08. 2023 — cc regular
-4-
CITY COUNCIL LEGISLATIVE
13. Measure 15- Year Capital Improvement Plan ( 2023/ 2024- 2027/ 2028) Public Works Director/ City Engineer Zamano 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 the Measure I Capital Improvement Plan Expenditure Strategy 2023/ 2024- 2027/ 2028); and
2) Approve Resolution No. 2023- 038 adopting the Measure 15- Year Capital Improvement Plan ( 2023/2024-2027/2028). Motion carried, 4- 0, with Council Member Chavez -Cordova being absent.
RESOLUTION NO. 2023- 038
RESOLUTION OF THE COUNCIL OF THE CITY OF HIGHLAND, STATE OF
CALIFORNIA, ADOPTING THE MEASURE I FIVE-YEAR CAPITAL
IMPROVEMENT PLAN FOR FY2023/ 2024 THROUGH FY2027/2028
14. City Manager Report and Comments ( Work Program, Regional/ Legislative/ Development Issues, Subcommittees, etc.)
City Manager Hughes provided a construction update for the 3rd/ 5th Street Corridor Improvement Project. The road closure on Palm Avenue for pouring of concrete encountered a delay due to a conflict with SCE facilities. Edison crews completed adjustments of two vaults and relocated services behind the new curb and gutter. The road closure will be extended from August 11 to August 31. The pouring of concrete on Palm Avenue will begin today and will continue through August 18. Traffic must be kept off for the concrete to cure properly, primarily because of the big rigs that travel through that area. Notifications went out to all parties affected by this closure.
The perimeter park fencing at Community Park is underway, with an anticipation of mid -September as the completion date.
The online permit portal for dog licensing went live, residents can get their dog licenses online.
The applicant for the Wakeland Housing Development Project on Central Avenue has applied for the next round of the Multifamily Housing Program ( MHP) funding.
A decision will be reached in August.
The Historical and Cultural Preservation Board will begin preparations for the 26th Annual Citrus Harvest Festival. A proposed date and budget for the event will be presented to City Council in September.
08. 08. 2023 — cc regular
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On August 1, the Planning Commission approved plans for Quick Quack Car Wash on Greenspot Road. It will be adjacent to the 7- Eleven gas station between 7- Eleven and the Edison facility. The Planning Commission also approved entitlements for a 40- unit apartment project on the north side of Base Line between Victoria Avenue and Sterling Avenue.
On July 13, Costco submitted their planning entitlement application. Staff is preparing the staff report with hope of bringing it forward to the Planning Commission meeting on September 19; otherwise, it will go before the first meeting in October.
On Saturday, September 9, a community clean up is scheduled. The site is still being determined by staff.
On Thursday, September 14 at 5: 30 p. m., the city will host the State of the City Address at the Bear Springs Hotel Event Center.
On Monday, September 25, a Blood Drive will be hosted at the Highland Police Station.
On Saturday, September 23, a compost giveaway event will be hosted at City Hall.
July public safety statistics are outlined as follows: the Fire Department responded to 660 calls for service, 489 medical aides, 9 structure fires, 17 vegetation fires, 41 traffic collisions and 10 vehicle fires. For the period of June 12 to July 9, the Highland Sheriff' s Department responded to 3, 272 calls for service, made 246 reports, and 110 arrests.
15. Council Member Comments ( Agency/Committee/ AB 1234 Reports District Updates, etc.)
Mayor Pro Tern Lilburn stated she has received multiple compliments about the Pacific Street Rehabilitation Project. Community Development Director Mainez will be the speaker for the Chamber of Commerce Luncheon this month. The National Night Out event was a success and wanted to thank staff for their contribution.
Mayor Pro Tern Lilburn inquired about the inoperable vehicles parked in front yards and next to the curb primarily within the western portion of the city. Does the city issue citations or which agency is responsible for overseeing this? Community Development Director Mainez responded that Code Enforcement officers address inoperable vehicles that are parked in front yards or vehicles parked too long on the street. The Sheriff' s Department will enforce the vehicle code and ticket or tow vehicles on the street. It is encouraged that residents utilize the portal in the city' s website to report these concerns.
08. 08. 2023 — cc regular
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Mayor Pro Tern Lilburn asked for clarification who issues the citation, the city or the Sheriff's Department?
Community Development Director Mainez responded it is the Sheriff' s Department.
Mayor Pro Tern Lilburn stated she will follow up with the Sheriff's Department on this issue.
ANNOUNCEMENTS
None
CLOSED SESSION
None
ADJOURN
There being no further business, Mayor McCallon adjourned the meeting at 6: 39 p. m. in memory of Daniel Lowry and Gavino Martinez.
Submitted By:
Betty Hughes, MMC
City Clerk
Approved By:
Larry McCallon
Mayor
08. 08. 2023 — cc regular
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STAFF REPORT
TO THE CITY COUNCIL
DATE: September 12, 2023
FROM: Joseph A. Hughes, City Manager
REVIEWED BY: Chuck Dantuono, Director of Administrative Services/ City Treasurer S PREPARED BY: Leticia Nava -Cruz, Assistant Director of Administrative ServicesLt3C, SUBJECT: Warrant Register # 757
RECOMMENDATION: City Council to approve Warrant Register # 757; Warrants in the amount of 4, 270, 897. 95 and Payroll in the amount of $237, 610. 45.
FISCAL IMPACT: The total of Cash and Expenditures is $ 4, 508, 508. 40.
PUBLIC NOTICE: The agenda for this item was posted at the three required locations.
BACKGROUND: See Printouts Attached.
Approved Motion
Denied Ayes
Continued Noes
Tabled Abstain
Absent
Second Agenda Item No.
File No.
City Clerk City Manager
-1-
Warrants:
Payroll:
CITY OF HIGHLAND
WARRANT REGISTER # 757
September 12, 2023
8/ 8/2023 Ck# 87717- 87756 345, 763. 41
8/ 11/ 2023 Payroll Wire # 821- 824 & Ck # 87757- 87758 74, 435. 65 8/ 15/ 2023 Ck# 87759- 87800 2, 261, 216. 49
8/22/ 2023 Ck# 87801- 87824 & Wire# 1002438266 985, 865. 02 8/25/2023 Payroll Wire # 825- 828 & Ck # 87825- 87826 74, 947. 19 8/ 29/2023 Ck# 87827- 87872 333, 774. 42
9/ 5/ 2023 Ck# 87873- 87903 194, 895. 77
Total Warrants $ 4, 270, 897. 95
8/ 11/ 2023 Direct Deposits # 13130- 13172 118, 065. 47 8/ 11/ 2023 Ck # 699 281. 90
8/ 25/ 2023 Direct Deposits # 13173- 13215 118, 981. 18 8/ 25/ 2023 Ck # 700 281. 90
Total Payroll $ 237, 610. 45
Total Warrants & Payroll $ 4, 508, 508. 40
APPROVED BY:
Larry McCallon Joseph . ughes
Finance Subcommittee City nager
John Timmer Chuck Dantuono
Finance Subcommittee Director of Administrative
Services/ City Treasurer
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DATE:
FROM:
PREPARED BY:
SUBJECT:
RECOMMENDATION:
FISCAL IMPACT:
PUBLIC NOTICE:
STAFF REPORT
TO THE CITY COUNCIL
September 12, 2023
Joseph A. Hughes, City Manager
Chuck Dantuono, Director of Administrative Services/ City Treasurer Leticia Nava -Cruz, Assistant Director of Administrative Services G Treasurer' s Report for July 2023
City Council to receive and file the Treasurer' s Report for July 2023 Cash and Investments:
General Fund
Special Revenue Funds
Internal Service Funds
Capital Projects Funds
Agency Funds
Housing Authority Fund
SARDA Funds
12, 800, 538. 00
37, 618, 049. 17
4, 300, 004. 17
20, 781, 041. 69
1, 688, 985. 51
3, 628, 646. 55
3, 613, 380.27
The agenda for this item was posted at the three required locations.
BACKGROUND: Increases in the checking account were due to revenues received plus funds wired from LAIF and CAMP. Decreases in the checking account were a result of payments to vendors, payroll and funds wired to LAIF, CAMP and U. S. Bank.
Increases in the fiscal agent accounts ( US Bank) resulted from interest and bond payment receipt.
Decreases resulted in vendor payments and debt service payments.
Increases in the CAMP account were due to interest received. Decreases were a result of funds being wired to the city' s checking account primarily for payment of public works projects.
The maximum limit on regular accounts is $ 75M.
Approved Motion
Denied Ayes
Continued Noes
Tabled Abstain
Absent
Second Agenda Item No.
File No.
City Clerk City Manager
-1-
CITY OF HIGHLAND
Treasurer' s Report
as of July 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
8, 382, 060. 53
MATURITY PAR ORIGINAL
DESCRIPTION PERIOD YIELD VALUE COST
INVESTMENTS: LOCAL GOVERNMENT INVESTMENT POOLS
California Treasurer's Local Agency Investment Fund (LAIF) n/ a 3. 305% General Fund 11, 721, 128. 19
Special Revenue Funds 22, 600, 574. 00
Internal Service Funds 5, 226, 704. 00
Capital Projects Funds 19, 803, 533. 00
Total City LAIF Funds 59, 351, 939. 19
Housing Authority Fund
Total Housing Authority LAIF Funds
Total LAIF Funds
1) Maximum limits on accounts are $ 75M City and $ 75M Housing Authority. 2) Market Value is based on the June 30, 2023 applicable percentage of 0. 984828499. 3) Market Value is $ 62, 044, 105. 18 ($ 62, 999, 908. 35 x 0. 984828499).
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) 0 5. 310%
3, 647, 969. 16
3, 647, 969. 16
62, 999, 908. 35
3, 175, 511. 50
1, 782, 736. 00
5, 965, 582. 00
10, 923, 829. 50
n/ a 0. 00% 102, 090. 65 102, 090. 65
n/ a 0. 00% 3, 098. 04 3, 098. 04
n/ a 0. 00% 1, 145. 83 1, 145. 83
n/ a 0. 00% 329, 171. 15 329, 171. 15
n/ a 0. 00%
n/ a 0. 00%
n/ a 0. 00% 19, 381. 67 19, 381. 67
n/ a 0. 00% 29, 279. 83 29, 279. 83
n/ a 0. 00% 9, 828. 34 9, 828. 34
n/ a 0. 00% 0. 42 0. 42
n/ a 0. 00% 0. 12 0. 12
493, 996. 05
-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 n/ a 4. 98% 2, 076. 97 2, 076. 97 Interest Fund 786709002
Federated Treasury Obligations CUSIP # 60934N872 n/ a 0. 00% Principal Fund 786709003
Federated Treasury Obligations CUSIP # 60934N872 n/ a 0. 00% Reserve Fund 786709004
Federated Treasury Obligations CUSIP # 60934N872 n/ a 4.98% 175, 162. 13 175, 162. 13 2015A Tax Allocation Refunding Bonds
Special Fund 268777000
Federated Treasury Obligations CUSIP # 60934N872 n/ a 4. 98% 544. 06 544. 06 Interest Fund 268777001
Federated Treasury Obligations CUSIP # 60934N872 n/ a 4. 98% 72. 82 72. 82 Principal Fund 268777002
Federated Treasury Obligations CUSIP # 60934N872 n/ a 0. 00% Reserve Fund 268777004
Federated Treasury Obligations CUSIP # 60934N872 n/ a 4. 98% 969, 216. 27 969, 216. 27 Expense Account268777006
Federated Treasury Obligations CUSIP # 60934N872 n/ a 4. 98% 13, 985. 03 13, 985. 03 2017 Tax Allocation Refunding Bonds
Debt Service Fund 259928000
Federated Treasury Obligations CUSIP # 60934N872 n/ a 4. 98% 468, 543. 27 468, 543. 27 Interest Fund 259928001
Federated Treasury Obligations CUSIP # 60934N872 n/ a 5. 26% 0. 38 0. 38 Principal Fund 259928002
Federated Treasury Obligations CUSIP # 60934N872 n/ a 0. 00% TOTAL INVESTMENTS US BANK ( SARDA) 1, 629, 600. 93
TOTAL CASH AND INVESTMENTS 84, 430, 545. 36
All investments are placed in a cordance with City of Highland' s Investment Policy and Guidelines. The above summary provides sufficient cash flow liquidity to mee a ext six month' s estimated expenditures. This report is in accordance with Government Code Section 53646.
SIGNED: SIGNED:
Joseph ughes Chuck Dantuono
CITY NAGER DIRECTOR OF ADMINISTRATIVE
SERVICES/ CITY TREASURER
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STAFF REPORT
TO THE CITY COUNCIL
DATE: September 12, 2023
FROM: Joseph A. Hughes, City Manager
PREPARED BY: Chuck Dantuono, Director of Administrative Services/ City Treasurer SUBJECT: Year- end budget adjustments for fiscal year 2022/ 2023.
RECOMMENDATION: The Finance Subcommittee recommends that the City Council approve the year- end budget adjustments for fiscal year 2022/ 2023.
FISCAL IMPACT: See the attached spreadsheet for a detailed list of each budget adjustment.
PUBLIC NOTICE: The agenda for this item was posted at the three required locations.
BACKGROUND: The following budget adjustments were reviewed and approved by the Finance Subcommittee on August 29, 2023.
Expenditures:
City Clerk — In November 2022, the City Council approved reclassifying the Administrative Assistant III position to a Deputy City Clerk. A budget adjustment was not performed at that time. The two proposed budget adjustments are for salary and benefits. The expenditures of $32, 375 ($ 22, 525 + $ 9, 850) will come from 001- 2100 ( fund balance).
General Government — Transfers of $39, 530, $ 1, 650, 000, $ 580, 000, and $ 525, 000 were made to the Traffic Safety fund, the General Capital Financing fund, the Insurance fund, and the General Services fund, respectively, to help fund current and/ or future expenditures in these funds. The total of 2, 794, 530 will come from 001- 2100 ( fund balance).
Code Enforcement — A Code Compliance Officer was out on Military Leave for over a year. As a result, we contracted for this position and a budget adjustment of $75, 000 is needed for Contract Services - Code Enforcement. These funds will come from 001- 2100 ( fund balance).
Traffic Safety — When the new contract for crossing guards was implemented, the hourly rate was increased. As a result, a budget adjustment is needed in the amount of $4,290 for Contract Services - Crossing Guards. These funds will come from 002- 2100 ( fund balance).
Approved Motion
Denied Ayes
Continued Noes
Tabled Abstai
Second Agenda Item No.
File No.
Absent
City Clerk City Manager
-1-
Gas Tax — Gas Tax went over budget on the Street/Sidewalk Construction and Traffic Improvements line items. These projects were budgeted in the prior year. These funds $ 825, 025 ($ 680, 000 + 145, 025) will come from 004- 2100 ( fund balance).
Article 3 — Article 3 went over budget on the Street/Sidewalk Construction and Sidewalk Repairs line items. These projects were budgeted in the prior year. These funds $ 193, 000 ($ 104, 500 + $ 88, 500) will come from reimbursement of the Article 3 grants.
CDBG — CDBG went over budget on the Traffic Improvements line item. These projects were budgeted in the prior year. These funds ($ 212, 700) will come from reimbursement of the CDBG grant.
Development Impact Fees — Construction on the Base Line Interchange project was budgeted for in the prior year. These funds ($ 1, 217, 100) will come from 007-2100 (fund balance).
Street Light District — More maintenance work on streetlights were performed due to needed repairs and accidents. Staff will be reimbursed by the insurance companies for the repairs that were due to accidents. A budget adjustment was also needed for the Electricity- Stret Lighting line item. These funds $ 49, 600 ($ 29, 600 + $ 20, 000) will come from 013- 2100 (fund balance).
Park Maintenance District — Water usage in the PMD fund was higher than budgeted. These funds 7, 500) will come from 016- 2100 ( fund balance).
Measure I — Project str12005 did not qualify for a state grant therefore these expenditures of $149, 250 are being transferred to the Measure I fund. Measure I went over budget on the Street/Sidewalk Construction and Sidewalk Repairs line items. These projects were budgeted in the prior year. These funds $ 214, 250 ($ 149, 250 + $ 40, 000 + $ 25, 000) will come from 017- 2100 ( fund balance).
COPS — More grant funds ($ 310) were received than expected, so they were expended. A budget adjustment for the revenue side is included in the revenue section as well.
General Services — In November 2022, the City Council approved changing the current full- time IT position to part-time and adding a full-time IT contract. A budget adjustment was not performed at that time. As a result, a budget adjustment of $ 11, 275 is needed for Contract Services - Network. These funds will come from 042- 2100 ( fund balance).
Housing Authority — The three budget adjustments needed in the Housing Authority fund are associated with the potential senior housing project south of Jeffrey Court. The funds of $12, 300 ($ 3. 800 + $ 3, 500 5, 000) will come from 070- 2100 ( fund balance -bond proceeds).
Revenues:
Traffic Safety — This is the revenue side of the transfer ($ 39, 530) from the General Fund.
COPS — This is the revenue side of the COPS grant expenditures ($310).
General Capital Financing — This is the revenue side of the transfer ($ 1, 620, 000) from the General Fund.
Grants — This is the revenue side of the transfer ($ 149, 250) from the Measure I Fund.
Insurance — This is the revenue side of the transfer ($ 580, 000) from the General Fund.
General Services — This is the revenue side of the transfer ($ 525, 000) from the General Fund -2-
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-7-
STAFF REPORT
TO THE CITY COUNCIL
DATE: September 12, 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 Adjusters
PREPARED BY: Alondra Munoz, Deputy City Clerk
SUBJECT: Claim Consideration — Luis Carreto
RECOMMENDATION: George Hills Company recommends the City Council reject the claim.
BACKGROUND: The Claim was received in the City Clerk' s Office on August 14, 2023. It was then sent to the City' s claim adjuster, George Hills Company, who is recommending the claim be rejected.
C:\ MyFiles\WPDATA\StaffReports\cc special STF.wpd
Approved Motion
Denied Ayes
Continued Noes
Tabled Abstain
Absent
Second Agenda Item No.
File No.
City Clerk City M
-1-
TT
GEORGE HILLS
Our minds over your matters.
August 24, 2023
Betty Hughes
City of Highland
RE: Client:
Claim Number
Date of Loss:
Claimant:
Dear Ms. Hughes:
City of Highland
G H CO061657
3/ 15/ 2023
Luis Carreto
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-
City of z
HIGHLAND
Inc. 1987
August 14, 2023
Patti Schneiders
Claims Processor
Rancho Cordova Office
PO Box 278
Rancho Cordova, CA 95741
Re: Claimant( s): Luis Carreto
Incident Date: March 15, 2023
Dear Patti:
Enclosed is a copy of a Claim received and filed in the Office of the City Clerk on August 14, 2023, by the above referenced claimant( s). Note: The location stated in the attachment indicates that he was in the City of San Bernardino. I attached a vicinity map for reference. Please review and advise this office on the appropriate action to be taken. This item will be tentatively scheduled for the City Council regular meeting of Tuesday, September 12, 2023, pending your recommendation. All correspondence will be required from George Hills no later than September
1. If you have any questions, please contact Chuck Dantuono at (909) 864- 6861, ext. 224 or myself at ext. 260.
Sincerely,
Alondra Munoz
Deputy City Clerk
cc: Joseph Hughes, City Manager
Chuck Dantuono, Director of Administrative Services
Maricela Marroquin, City Attorney
Betty Hughes, City Clerk
g:\ clerk\ betty\ claims\ george hills letters\ gh carreto Itr. docx Mayor Mayor Pro Tern City Council City Council City Council City Manager Larry McCallon Penny Lilburn Jesse Chavez - Cordova Anaeli Solano John P. Timmer Joseph A. Hughes 27215 Base Line • Highland, CA 92346
Tel: 909. 864. 6861 • Fax: 909. 862. 3180 • www. cityofhighland. org -3-
City of Highland
Vicinity Map
The blue shading is in the City of San Bernardino and the green shading is in the City of Highland 9 DMQ ROM 00
W- a
Aw
-4-
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:
1. Name of Claimant Luis Carreto
a. Complete Address of Claimant, including City, State and Zip Code:
b. Phone Number (--
C. Date of Bi
-5-
d. Driver' s License/ State Identification Card Number:
Issued by which State:
Driver' s License Identification Card
Expiration Date:
2. Name, telephone and address to which claimant desires notices to be sent, if other than above:
Stephan Filip PC
100 W Broadway, Suite 1040, Glendale, CA 91210
3. Occurrence or event from which the claim arises:
a. Date of occurrence 03/ 15/ 2023
b. Time of occurrence Around 5: 00 PM
C. Place of occurrence ( Exact and specific location)
Sidewalk of Del Rosa Ave above the Highland Creek
Highland, CA 92410
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).
Mr. Carreto was walking along Del Rosa Ave when he stepped into a pothole with his left leg.
As a result, he sustained serious injuries. Negligently maintanied sidewalk caused the injuries. e. What particular action by the City, or its employees, caused the alleged damage or injury?
The City of Highland failed to provide safe premises.
-6-
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".
Mr. Carreto sustained serious injuries to his left ankle and left knee. The extent of the injuries will be provided upon completion of treatments.
5. Give the name( s) of the City employee( s) causing the damage or injury:
N/ A
6. Name and address of any other person injured:
N/ A
7. Name and address of the owner of any damaged property:
N/ A
8. Damages Claimed:
a. Amount claimed as of this date: $ 500, 000. 00
b. Estimate amount of future costs: $ Unknown
C. Total amount claimed: $ 500, 000. 00
d. Basis for computation of amounts claimed. Include copies of all bills, invoices, estimates, etc.:
Full medical records and bill will be provided upon completion of treatments. -7-
9. Names and addresses of all witnesses, hospitals, doctors, etc. a. AMR
b. Dignity Health - St. Bernardine Medical Center
C. Integrated Medical Center - San Bernardino
d. Riverside Elite Imaging
e
California Sports and Spine Center
10. Any additional information which might be helpful in considering this claim:
Please see photos attached
WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM PENAL CODE S72; INSURANCE CODE S556. 1.
I have read the matters and statements made in the above claim and I know the same to be true of my own knowledge, except as to those matters stated upon information or belief as to such matters 1 believe the same to be true. I certify under penalty of perjury that the foregoing is true and correct.
Signed at: Glendale, CA
City and State
Date: 08/ 11 / 2023
Signature of Claimant
Stephan Airapetian
Printed name of person signing above
-8-
-9-
a
-10-
-11-
STAFF REPORT
TO THE CITY COUNCIL
DATE: September 12, 2023
FROM: Joseph A. Hughes, City Manager
REVIEWED BY: Carlos Zamano, Public Works Director/City Engineer 62/ PREPARED BY: Melissa Morgan, Public Services Manage
SUBJECT: The Coalition for Clean Air requests the City participate in the 2023 California Clean Air Day on October 4, 2023.
RECOMMENDATION: That the City Council adopt Resolution No. 2023- to support and participate in the 2023 California Clean Air Day on October 4, 2023.
FISCAL IMPACT: None.
PUBLIC NOTICE: Public notice is not required prior to the City Council taking action on this matter. However, the Agenda was posted at the three ( 3) locations within the City, as required by Council Resolution and on the City' s Website.
BACKGROUND: The California Clean Air Coalition was founded in 1971 and is California' s only statewide organization working exclusively on -air quality issues. From creating the idea for California' s original Smog Check program in 1981 to ensuring the first national ban on the toxic drycleaning chemical " perc" to helping pass legislation to put 1 million electric vehicles on California' s roads by 2025, CCA has paved the way for socially and environmentally responsible air policy nationally and worldwide.
California Clean Air Day is built on the idea that shared experiences unite people to action to improve our community health. By joining together for a unified day of action we can create new habits to clear the air for all members of California' s diverse communities. This year's California Clean Air Day is October 4, 2023. Cities and local governments have the ability to lead their communities to a more breathable future. Cities, counties, school districts, water districts, and other local and special districts all have a responsibility to take action and inspire constituents and stakeholders.
Approved Motion Second
Denied Ayes
Continued Noes
Tabled Abstain
Absent
L_ ---
City Clerk
Agenda Item No.
File No.
Citager
-1-
RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO, CALIFORNIA DECLARING OCTOBER 4, 2023 AS
CLEAN AIR DAY
WHEREAS, Air pollution contributes to higher rates of cancer and heart and lung diseases, which adversely affect health; and
WHEREAS, California has some of the worst air quality in the United States; and WHEREAS, It is vital that we protect the health and well- being of our residents, visitors, and workforce; and
WHEREAS, Emissions from vehicles, industry, and even household sources significantly affects the natural environment, air quality and well-being of City of Highland residents; and
WHEREAS, Individual actions such as not idling vehicles, walking or biking to work and school, carpooling, and conserving energy can directly improve air quality in our region; and
WHEREAS, State, County and local employees, vendors and elected officials have tremendous power to help lower emissions; and
WHEREAS, Pledges by individuals have shown to result in action; and WHEREAS, Education about air quality can raise community awareness, encourage our community to develop better habits, and improve our community health; and WHEREAS, Californians will be joining together across the state to clear the air on October 4, 2023; and
WHEREAS, the City of Highland is committed to the health of our residents, workforce, visitors, and community at large,
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Highland that October 4, 2023 be declared " Clean Air Day" in the city; and be it further RESOLVED, That we encourage all residents, businesses, employees, and community members to participate in Clean Air Day and help clear the air for all Californians. -2-
APPROVED AND ADOPTED this 12t" day of September 2023.
Larry McCallon
Mayor
ATTEST:
Betty Hughes, MMC
City Clerk
-3-
STAFF REPORT
TO THE CITY COUNCIL
MEETING on.-r September 12, 2023
FROM: Joseph Hughes, City Manager
PREPARED BY: Carlos ZamanO, Public Works Director/City Engineer SUBJECT: Amendment to Cooperative Agreement with San Manuel Band of Mission Indians and Inland Valley development Agency
3rd Street/ 5th Street Corridors Improvement Project( Project No_ strl 8001) RECOMMENDATION: It is recommended that the City Council:
1. Approve an Amendment to the Cooperative Agreement with San Manuel Band of Mission Indians ( Tribe) and Inland Valley [Development Agency ° VIDA) regarding the 3rd Street and 5th Street Corridors Improvement Project to document that the SB- 1 grant in the amount of$ 1. 7 million will be used as a match for ESA grant and the City will not invoice this portion of the Project cost from the Tribe and IVCIA; and
2. Authorize the Mayor to sign the Amendment.
FISCAL IMPACT: There is no fiscal impact associated with this amendment to the -1-
Central Avenue ( 31d Street to 5th Street)
Proposed improvements include pavement rehabilitation and widening, new curbs, gutters, sidewalks, right -turn -pockets, street extension, traffic signal modifications, drainage catch basins, streetlights, bike lanes, pavement markings, and signage and striping.
On October 22, 2019, the City Council approved a 3- party Cooperative Agreement between the City, Tribe and IVDA forthe 3rd Street/ 5th Street Corridor Improvement Project as required by the Federal EDA grant.
The 3 parties have mutually agreed that the State SIB 1 Competitive LPP grant awarded to the City, in the amount of $1. 7 million or approximately 18. 09% of the construction Project cost, shall be used as a match to the Federal EDA grant. The City shall cover this Project cost and seek reimbursement from California State Department of Transportation Caltrans)/ California Transportation Commission ( CTC). Therefore, the City will not need to invoice for this portion of the Project to the Tribe and IVDA. All other terms, conditions and provisions of the original Cooperative Agreement will remain in full force and effect.
Attachments: Location Map
Amendment
M:\ PUBWRK\ strl800l - 3rd St- 5th St Corridor Improvements\ City Council\ strl8001 Cooperative Agreement Amendment Staff Report. doc -2-
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-3-
AMENDMENT TO COOPERATIVE AGREEMENT
BETWEEN SAN MANUEL BAND OF MISSION INDIANS, CITY OF HIGHLAND, AND
INLAND VALLEY DEVELOPMENT AGENCY
FOR THE 3RD STREET/ 5TH STREET CORRIDORS IMPROVEMENT PROJECT This Amendment to the Agreement for the 3rd Street/ 51h Street Corridors Improvement Project is made and entered into the 121h day of September 2023, by and between the San Manuel Band of Mission Indians ( TRIBE), City of Highland ( CITY), and Inland Valley Development Agency IVDA).
The three parties entered into an Agreement on October 22, 2019, to work cooperatively for development and construction of a Public Works and Economic Development facilities project entitled 3rd Street/ 51h Street Corridors Improvement ( Project).
The three parties' desire to mutually amend the Agreement regarding the use of the State SB- 1 Competitive LPP grant awarded to the City.
THIS AMENDMENT ALTERS THE AGREEMENT AS FOLLOWS:
1. The Project has been awarded $ 1, 700,000 or approximately 18. 09% of the Project construction cost related to SB- 1 funds solely to the City and therefore, City agrees not needing to invoice this portion of the Project to the Tribe and IVDA.
2. The City shall seek reimbursement of SB- 1 funds through California State Transportation of Transportation ( Caltrans)/ California Transportation Commission ( CTC).
3. This portion of SB- 1 funds remains as a matching cost for the Project related to the EDA fund.
4. All other terms, conditions, and provisions of the original agreement to the extent not modified by this Amendment, shall remain in full force and effect.
Except as expressly modified above, the terms of the original agreement dated October 22, 2019, shall control the respective rights and obligations ofthe parties hereto. -4-
CITY OF HIGHLAND
Larry McCallon, Mayor
ATTEST:
Betty Hughes, City Clerk
SAN MANUEL BAND OF MISSION INDIANS
Print Name and Title
INLAND VALLEY DEVELOPMENT AGENCY
M.
Michael Burrows, Chief Executive Officer
-5-
STAFF REPORT
TO THE CITY COUNCIL
DATE: September 12, 2023
FROM: Joseph Hughes, City Manager
Maricela Marroquin, City Attorney
PREPARED BY: Chuck Dantuono, Director of Administrative Services Maricela Marroquin, City Attorney
SUBJECT: Agreement between the City and the County regarding use of the local allocation of opioid settlement funds re: Allergan, CVS, Teva, Walgreens, and Walmart.
RECOMMENDATION: That the City Council authorize the City Manager to execute the Agreement between the City and the County regarding use of the local allocation of opioid settlement funds re: Allergan, CVS, Teva, Walgreens, and Walmart PUBLIC NOTICE: The agenda for this item was posted at the three locations per Resolution No. 2011- 047 and on the City' s website.
FISCAL IMPACT: None.
BACKGROUND: A multidistrict litigation was initiated in the U. S. District Court for the Northern District of Ohio by numerous public entity plaintiffs against the manufacturers and distributors of various opioids based on the allegation that the defendants' unlawful conduct caused the opioid epidemic. A national settlement was subsequently reached and on March 14, 2023, the City Council approved Resolution No. 2023- 007 authorizing the City of Highland to enter into Settlement Agreements with CVS, Allergan, Teva, Walmart, and Walgreens, Agree to the Terms of the related State -Subdivision Agreements, and Authorize Entry into the related State -Subdivision Agreements with the Attorney General. The City Council also elected to have the settlement funds directly deposited with the County of San Bernardino (" County") because of the strict uses and reporting of these funds.
The City subsequently executed the Settlement Agreements. The County has drafted an agreement pertaining to the use of the settlement funds. The agreement provides that the City shall have all of its Local Allocation from the settlements paid directly to the County, that the City' s Local Allocation will become part of the County' s share of the California Abatement Accounts Fund, which will be used by Approved Motion
Denied Ayes
Continued Noes
Tabled Abstain
Absent
Second Agenda Item No.
File No.
City Clerk
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County for future opioid remediation as described in the settlement agreements and that the County will fulfill the reporting obligations pursuant to the settlement agreements. Staff and the City Attorney are recommending that the City Council authorize the City Manager to execute the agreement.
Attachments:
1. Agreement between the City and the County
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THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Contract Number
SAP Number
CAO - Finance and Administration
Department Contract Representative
Telephone Number
Contractor
Contractor Representative
Telephone Number
Contract Term
Original Contract Amount
Amendment Amount
Total Contract Amount
Cost Center
CITY OF HIGHLAND
AGREEMENT FOR THE USE OF THE LOCAL ALLOCATION OF OPIOID SETTLEMENT FUNDS RE: ALLERGAN, CVS, TEVA, WALGREENS, AND WALMART
This Agreement for the Use of the Local Allocation of Opioid Settlement Funds Re: Allergan, CVS, Teva, Walgreens, and Walmart (" Agreement") is made and entered into on the date this Agreement is fully executed by and between SAN BERNARDINO COUNTY (" County") and CITY OF HIGHLAND (" City"). City and County may be referred to individually as " Party" and or collectively as " Parties." WHEREAS, the United States is facing an ongoing public health crisis of opioid abuse, addiction, overdose, and death. The State of California and California counties and cities have spent and continue to spend millions of dollars each year to address the direct consequences of this crisis; and WHEREAS, in response to the opioid crisis, counties, cities, and states across the country filed lawsuits to hold opioid manufacturers, distributors, pharmacies, and others responsible for the harms caused by their deception, negligence, and creation of a public nuisance; and WHEREAS, on or about July 19, 2018, the County filed a lawsuit in the United States District Court for the Central District of California against numerous opioid manufacturers and distributors alleging that as a result of the unlawful conduct of the defendants, the opioid crisis resulted, which caused damage to the County and its residents; and
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WHEREAS, the County' s lawsuit was transferred to the United States District Court for the Northern District of Ohio to become part of the multidistrict litigation (" MDL"), consisting of thousands of lawsuits brought by various states and local subdivisions, including counties, cities, and special districts, against a number of opioid distributors and manufacturers; and
WHEREAS, starting on November 14, 2022 through December 9, 2022, five defendants in the MDL— CVS, Walgreens, Walmart, Teva, and Allergan ( collectively, " Settling Defendants") tentatively reached five separate settlements in the MDL ( each a " Settlement" and collectively, " Settlements"), which allow for participation by eligible Non -litigating Local Subdivisions; and WHEREAS, City is an eligible Non -litigating Local Subdivision and has submitted the requisite documentation necessary to participate in the Settlements; WHEREAS, under the Master Agreements for the Settlements, the states and their Local Subdivisions may enter into allocation agreements to govern how the settlements funds from the Settlements coming to a state will be allocated to the state and its Local Subdivisions; and WHEREAS, the State of California (" State") and its Local Subdivisions have entered into Allocation Agreements for all of the Settlements, which provide that each eligible Local Subdivision that participates in the Settlements will have its Local Allocation go to the county where the subdivision is located, unless the Local Subdivision notifies the Settlement Fund Administrator, at least 60 days before each payment date, that it elects to take a direct distribution of its Local Allocation; and WHEREAS, the City has decided it will not take a direct distribution of its Local Allocation in any of the Settlements that it is participating in, and will instead have its Local Allocation distributed to the County; and WHEREAS, the parties wish to set forth the terms as to the County' s use of the City' s Local Allocation; and
NOW, THEREFORE, in consideration of the preceding recitals, together with the mutual covenants hereinafter contained, the parties hereto mutually agree that the above recitals are true and correct and incorporated into the terms of this Agreement and as follows:
A. DEFINITIONS
a. Actavis Generic Entities means Actavis LLC ( f/k/ a Actavis Inc.), Actavis Elizabeth LLC, Actavis Kadian LLC, Actavis Pharma, Inc. ( f/ k/ a Watson Pharma, Inc.), Actavis Kadian LLC, Actavis Laboratories UT, Inc. ( f/k/ a Watson Laboratories, Inc. — Utah), Actavis Mid Atlantic LLC, Actavis Totowa LLC, Actavis Laboratories FL, Inc. ( f/ k/ a Watson Laboratories, Inc. — Florida), Actavis South Atlantic LLC, Warner Chilcott Company LLC, and Watson Laboratories, Inc. b. Allergan shall mean Allergan Finance, LLC ( f/k/ a Actavis, Inc., which in turn was f/k/ a Watson Pharmaceutics, Inc.) and Allergan Limited ( f/k/ a Allergan plc, which, in turn, was f/k/ a Actavis plc).
C. Allocation Agreement(s) means the five allocation agreements entered into by and between the State and its Local Subdivisions specifying how the settlement funds from the five Settlements will be distributed to the State and its Local Subdivisions. The five Allocation Agreements are entitled:
1) " Proposed California State -Subdivision Agreement Regarding Distribution and Use of Settlement Funds — Allergan Settlement"; ( 2) " Proposed California State -Subdivision Agreement Regarding Distribution and Use of Settlement Funds — CVS Settlement"; ( 3) " Proposed California State -Subdivision Agreement Regarding Distribution and Use of Settlement Funds — Teva Settlement"; ( 4) " Proposed California State -Subdivision Agreement Regarding Distribution and Use of Settlement Funds — Walgreens Settlement"; and ( 5) " Proposed California State - Subdivision Agreement Regarding Distribution and Use of Settlement Funds — Walmart Settlement."
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d. CA Abatement Accounts Fund shall mean " CA Abatement Accounts Fund" as defined in the Allocation Agreements.
e. CVS shall mean CVS Health Corporation and CVS Pharmacy, Inc. and all of their past and present direct and indirect parent and subsidiaries.
f. DHCS is the California Department of Health Care Services. g. Local Allocation means a Local Subdivision' s share of the settlement funds from the five Settlements, as set forth in Appendix 1 to the Allocation Agreements. h. Local Subdivision( s) means cities and counties.
Master Agreements shall refer to the settlement agreements in the five Settlements.
Non -litigating Local Subdivision shall mean a Local Subdivision that did not file a lawsuit against a Settling Defendant relating to the opioid crisis.
k. Settlement Fund Administrator shall mean the "Settlement Fund Administrator" as defined in the Master Agreements.
Teva shall mean Teva Pharmaceutical Industries Ltd. and all of its respective past and present direct or indirect parents, subsidiaries, divisions, affiliates, joint ventures, predecessors, successors, assigns, including but not limited to Teva Pharmaceuticals USA, Inc., the Actavis Generic Entities, and Anda Inc.
M. Walgreens shall mean Walgreen Co.
n. Walmart shall mean Walmart Inc.
B. SCOPE
a. This Agreement supplements and is subject to the terms of the Master Agreements and the Allocation Agreements and any amendments thereto. If any term of this Agreement is inconsistent with a mandatory term of the Master Agreements or the Allocation Agreements, the order of the governing document shall be as follows: Master Agreements, Allocation Agreements, and last, this Agreement.
b. This Agreement governs the County' s use of the City' s Local Allocation from the Settlements paid directly to the County.
C. USE OF CITY' S LOCAL ALLOCATION
a. Participation
I. City shall have all of its Local Allocation from the Settlements paid directly to the County.
II. City shall not, at any time, after execution of this Agreement advise the Settlement Fund Administrator that it requests direct payment of its Local Allocation from the Settlements.
III. The parties understand that the Local Allocation is payable over a period of time, with each Settlement paying out over a different period of time. The parties further understand that the yearly disbursement amount of the Local Allocation payment may vary.
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b. County' s Use of the City' s Local Allocation
The City' s Local Allocation will become part of the County' s share of the CA Abatement Accounts Fund, which will be:
1. Used by County in accordance with Section 4. B. ii ( Use of CA Abatement Account Funds) of the Allocation Agreements; and
2. Reported on by County in accordance with Section 4. B. iii ( CA Abatement Accounts Fund Oversight) of the Allocation Agreements.
The parties understand and agree that the City' s Local Allocation that will be distributed to the County may only be used by County for future opioid remediation as described in Exhibit E to the Master Agreements, attached hereto as Attachment I.
III. The parties also understand and agree that no less than 50% of the CA Abatement Accounts Fund in each calendar year will be used for one or more of the following High Impact Abatement Activities as outlined in the Allocation Agreements.
IV. County understands and agrees that it is responsible for the reporting requirements to DHCS as specified in Section 5 of the Allocation Agreements.
V. County understands and agrees that it is responsible for responding to any DHCS oversight inquiries and/ or requests as specified in Section 4. B. iii. of the Allocation Agreements with respect to the City' s Local Allocation that is distributed to the County.
VI. County will track all deposits and expenditures of CA Abatement Accounts Funds consistent with Section 5( c) of the Allocation Agreements.
D. GENERAL CONTRACT REQUIREMENTS
DA Recitals
The recitals set forth above are true and correct and incorporated herein by this reference.
D. 2 Assignability
Neither party may assign this Agreement without the prior written consent of the other party.
D. 3 Attorney' s Fees and Costs
If any legal action is instituted to enforce any party' s rights hereunder, each party shall bear its own costs and attorney fees, regardless of who is the prevailing party.
D. 4 Choice of Law
This Agreement shall be governed by and construed according to the laws of the State of California.
D. 5 Legality and Severability
The parties' actions under the Agreement shall comply with all applicable laws, rules, regulations, court orders and governmental agency orders. The provisions of this Agreement are specifically made severable. If a provision of the Agreement is terminated or held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full effect.
D. 6 Mutual Covenants
The parties to this Agreement mutually covenant to perform all of their obligations hereunder, to exercise all discretion and rights granted hereunder, and to give all consents in a reasonable manner consistent with the standards of " good faith" and " fair dealing".
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D. 7 Relationship of the Parties
Nothing contained in this Agreement shall be construed as creating a joint venture, or partnership, between the Parties hereto, nor shall either Party have the right, power or authority to create an obligation or duty, expressed or implied, on behalf of the other Party hereto.
D. 8 Termination for Convenience
Except as otherwise specified in this provision, the County and the City each reserve the right to terminate the Agreement, for any reason, with a thirty ( 30) day written notice of termination. In the event of termination of this Agreement, the City shall not be entitled to any of the City' s Local Allocation that ( 1) had already been distributed to the County prior to the effective date of termination, or ( 2) is scheduled to be distributed to the County within 60 days of the notice of termination.
D. 9 Notice
All written notices provided for in this Agreement or which either party desires to give to the other shall be deemed fully given, when made in writing and either served personally, or deposited in the United States mail, postage prepaid, and addressed to the other party as follows:
To County: To City
County Administrative Office — Finance & Administration City of Highland Matthew Erickson, Chief Financial Officer City Manager
385 N. Arrowhead Ave. 41h Floor 27215 Base Line
San Bernardino, CA 92415- 0123 Highland, CA 92346
Notice shall be deemed communicated two ( 2) County working days from the time of mailing if mailed as provided in this paragraph.
D. 10 Venue
The parties acknowledge and agree that this Agreement was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue of any action or claim brought by any party to this Agreement will be the Superior Court of California, San Bernardino County, San Bernardino District. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Agreement is brought by any third party and filed in another venue, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, San Bernardino County, San Bernardino District.
DA I Informal Dispute Resolution
In the event of any dispute, claim, question or disagreement arising from or relating to this Agreement or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.
E. TERM OF AGREEMENT
This Agreement is effective as of the date fully executed and expires following the final Settlement payout, but may be terminated earlier in accordance with the provisions of this Agreement.
F. INDEMNFICATION
FA County agrees to indemnify, defend (with counsel reasonably approved by City) and hold harmless City and its officers, employees, agents, and volunteers from any and all claims, actions or losses, damages, and/ or liability resulting from County' s negligent acts or omissions which arise from County' s performance of its obligations under this Agreement.
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F. 2 City agrees to indemnify, defend ( with counsel reasonably approved by County), and hold harmless County and its officers, employees, agents, and volunteers from any and all claims, actions or losses, damages, and/ or liability resulting from City' s negligent acts or omissions which arise from City' s performance of its obligations under this Agreement.
F. 3 In the event County and/ or City is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under the Agreement, County and/ or City shall indemnify the other to the extent of its comparative fault.
G. INSURANCE
City and County are authorized self -insured public entities for purposes of Professional Liability, General Liability, Automobile Liability and Workers' Compensation and warrant that through their insurance policies or respective programs of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this Agreement.
H. SIGNATURES
This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Agreement.
The parties shall be entitled to sign and transmit an electronic signature of this Agreement ( whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Agreement upon request.
ENTIRE AGREEMENT
This Agreement, including Attachment I, which is attached hereto and incorporated by reference, represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject matter of this Agreement not expressly set forth herein are of no force or effect. This Agreement is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein. Each party has carefully read this Agreement and signs the same of its own free will.
SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, County and City have each caused this Agreement to be subscribed by its respective duly authorized officers, on its behalf.
SAN BERNARDINO COUNTY
Name: Matthew Erickson
Title: Chief Financial Officer
Date:
FOR COUNTY USE ONLY
Approved as to Legal Form
CITY OF HIGHLAND
By
Authorized signature - sign in blue ink)
Name Joseph Hughes
Print or type name of person signing contract)
Title Citv Manager
Print or Type)
Dated:
Address 27215 Base Line
Reviewed for Contract Compliance
00. Charles Phan, Deputy County Counsel
Date Date
Highland, CA 92346
Reviewed/ Approved by Department
11NDate
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ATTACHMENT
EXHIBIT E
List of Opioid Remediation Uses
Schedule A
Core Strategies
States and Qualifying Block Grantees shall choose from among the abatement strategies listed in Schedule B. However, priority shall be given to the following core abatement strategies (" Core Strategies')."
A. NALOXONE OR OTHER FDA -APPROVED DRUG TO
REVERSE OPIOID OVERDOSES
Expand training for first responders, schools, community support groups and families; and
2. Increase distribution to individuals who are uninsured or whose insurance does not cover the needed service.
B. MEDICATION - ASSISTED TREATMENT (" MAT")
DISTRIBUTION AND OTHER OPIOID- RELATED
TREATMENT
1. Increase distribution of MAT to individuals who are
uninsured or whose insurance does not cover the needed
service;
2. Provide education to school -based and youth -focused programs that discourage or prevent misuse;
3. Provide MAT education and awareness training to
healthcare providers, EMTs, law enforcement, and other
fast responders; and
4. Provide treatment and recovery support services such as residential and inpatient treatment, intensive outpatient treatment, outpatient therapy or counseling, and recovery housing that allow or integrate medication and with other support services.
14 As used in this Schedule A, words like " expand," " fund," " provide" or the like shall not indicate a preference for new or existing programs.
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C. PREGNANT & POSTPARTUM WOMEN
Expand Screening, Brief Intervention, and Referral to
Treatment (" SBIRT") services to non -Medicaid eligible or uninsured pregnant women;
2. Expand comprehensive evidence -based treatment and
recovery services, including MAT, for women with cooccurring Opioid Use Disorder (" OUD") and other Substance Use Disorder (" SUD")/ Mental Health disorders for uninsured individuals for up to 12 months postpartum; and
3. Provide comprehensive wrap -around services to individuals with OUD, including housing, transportation, job
placement/ training, and childcare.
D. EXPANDING TREATMENT FOR NEONATAL
ABSTINENCE SYNDROME (" NAS")
Expand comprehensive evidence -based and recovery
support for NAS babies;
Expand services for better continuum of care with infant - need dyad; and
Expand long-term treatment and services for medical
monitoring of NAS babies and their families.
E. EXPANSION OF WARM HAND- OFF PROGRAMS AND
RECOVERY SERVICES
1. Expand services such as navigators and on -call teams to begin MAT in hospital emergency departments;
2. Expand warm hand- off services to transition to recovery services;
3. Broaden scope of recovery services to include co- occurring SUD or mental health conditions;
4. Provide comprehensive wrap -around services to individuals in recovery, including housing, transportation, job
placement/training, and childcare; and
Hire additional social workers or other behavioral health workers to facilitate expansions above.
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F. TREATMENT FOR INCARCERATED POPULATION
Provide evidence -based treatment and recovery support, including MAT for persons with OUD and co- occurring
SUD/ MH disorders within and transitioning out of the
criminal justice system; and
2. Increase funding for j ails to provide treatment to inmates with OUD.
G. PREVENTION PROGRAMS
Funding for media campaigns to prevent opioid use ( similar to the FDA' s " Real Cost" campaign to prevent youth from misusing tobacco);
Funding for evidence -based prevention programs in
schools;
Funding for medical provider education and outreach
regarding best prescribing practices for opioids consistent with the 2016 CDC guidelines, including providers at
hospitals ( academic detailing);
4. Funding for community drug disposal programs; and
Funding and training for first responders to participate in pre -arrest diversion programs, post -overdose response teams, or similar strategies that connect at -risk individuals to behavioral health services and supports.
H. EXPANDING SYRINGE SERVICE PROGRAMS
Provide comprehensive syringe services programs with
more wrap -around services, including linkage to OUD
treatment, access to sterile syringes and linkage to care and treatment of infectious diseases.
I. EVIDENCE - BASED DATA COLLECTION AND
RESEARCH ANALYZING THE EFFECTIVENESS OF THE
ABATEMENT STRATEGIES WITHIN THE STATE
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Schedule B
Approved Uses
Support treatment of Opioid Use Disorder ( OUD) and any co- occurring Substance Use Disorder or Mental Health ( SUD/ MH) conditions through evidence - based or evidence -informed programs or strategies that may include, but are not limited to, the following:
PART ONE: TREATMENT
A. TREAT OPIOID USE DISORDER ( OUD)
Support treatment of Opioid Use Disorder (" OUD") and any co- occurring Substance Use Disorder or Mental Health (" SUD/ MH") conditions through evidence - based or evidence - informed programs or strategies that may include, but are not limited to, those that: I5 Expand availability oftreatment for OUD and any co- occurring SUD/ MH conditions, including all forms of Medication -Assisted Treatment ("MAT") approved by the U. S. Food and Drug Administration.
2. Support and reimburse evidence - based services that adhere to the American Society ofAddiction Medicine ("A&4AI ") continuum of care for OUD and any cooccurring SUD/ MH conditions.
3. Expand telehealth to increase access to treatment for OUD and any co- occurring SUD/MH conditions, including MAT, as well as counseling, psychiatric support, and other treatment and recovery support services.
4. Improve oversight of Opioid Treatment Programs (" OTPs") to assure evidence - based or evidence -informed practices such as adequate methadone dosing and low threshold approaches to treatment.
5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and service providers, such as peer recovery coaches, for persons with OUD and any co- occurring SUD/ MH conditions and for persons who have experienced an opioid overdose.
6. Provide treatment oftrauma for individuals with OUD ( e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members ( e.g., surviving family members after an overdose or overdose fatality), and training of health care personnel to identify and address such trauma.
7. Support evidence -based withdrawal management services for people with OUD and any co- occurring mental health conditions.
S As used in this Schedule B, words I& e " expand," " fiord," " provide" or the like shall not indicate a preference for new or existing programs.
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8. Provide training on MAT for health care providers, first responders, students, or other supporting professionals, such as peer recovery coaches or recovery outreach specialists, including telementoring to assist community -based providers in rural or underserved areas.
9. Support workforce development for addiction professionals who work with persons with OUD and any co- occurring SUD/MH conditions.
10. Offer fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments.
11. Offer scholarships and supports for behavioral health practitioners or workers involved in addressing OUD and any co- occurring SUD/ MH or mental health conditions, including, but not limited to, training, scholarships, fellowships, loan repayment programs, or other incentives for providers to work in rural or underserved areas.
12. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 (" DATA 2000") to prescribe MAT for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver.
13. Disseminate of web -based training curricula, such as the American Academy of Addiction Psychiatry' s Provider Clinical Support Service—Opioids web -based training curriculum and motivational interviewing.
14. Develop and disseminate new curricula, such as the American Academy of Addiction Psychiatry' s Provider Clinical Support Service for Medication — Assisted Treatment.
B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY
Support people in recovery from OUD and any co- occurring SUD/MH conditions through evidence - based or evidence - informed programs or strategies that may include, but are not limited to, the programs or strategies that:
1. Provide comprehensive wrap -around services to individuals with OUD and any co- occurring SUD/ MH conditions, including housing, transportation, education, job placement, job training, or childcare.
2. Provide the full continuum of care of treatment and recovery services for OUD and any co- occurring SUD/ MH conditions, including supportive housing, peer support services and counseling, community navigators, case management, and connections to community -based services.
3. Provide counseling, peer -support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co- occurring SUD/ MH conditions.
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4. Provide access to housing for people with OUD and any co- occurring SUD/MH conditions, including supportive housing, recovery housing, housing assistance programs, training for housing providers, or recovery housing programs that allow or integrate FDA -approved mediation with other support services.
5. Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co- occurring SUD/ MH conditions.
6. Support or expand peer -recovery centers, which may include support groups, social events, computer access, or other services for persons with OUD and any co- occurring SUD/ MH conditions.
7. Provide or support transportation to treatment or recovery programs or services for persons with OUD and any co- occurring SUD/ MH conditions.
8. Provide employment training or educational services for persons in treatment for or recovery from OUD and any co- occurring SUD/ MH conditions.
9. Identify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high -quality programs to help those in recovery.
10. Engage non -profits, faith -based communities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to support the person with OUD in the family.
11. Provide training and development of procedures for government staff to appropriately interact and provide social and other services to individuals with or in recovery from OUD, including reducing stigma.
12. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment.
13. Create or support culturally appropriate services and programs for persons with OUD and any co- occurring SUD/ MH conditions, including new Americans.
14. Create and/ or support recovery high schools.
15. Hire or train behavioral health workers to provide or expand any ofthe services or supports listed above.
C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED
CONNECTIONS TO CARE)
Provide connections to care for people who have -- or are at risk of developing— OUD and any co- occurring SUD/ MH conditions through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, those that:
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1. Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat ( or refer if necessary) a patient for OUD treatment.
2. Fund SBIRT programs to reduce the transition from use to disorders, including SBIRT services to pregnant women who are uninsured or not eligible for Medicaid.
3. Provide training and long-term implementation ofSBIRT in key systems ( health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common.
4. Purchase automated versions of SBIRT and support ongoing costs ofthe technology.
5. Expand services such as navigators and on -call teams to begin MAT in hospital emergency departments.
6. Provide training for emergency room personnel treating opioid overdose patients on post -discharge planning, including community referrals for MAT, recovery case management or support services.
7. Support hospital programs that transition persons with OUD and any co- occurring SUD/ MH conditions, or persons who have experienced an opioid overdose, into clinically appropriate follow-up care through a bridge clinic or similar approach.
8. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co- occurring SUD/ MH conditions or persons that have experienced an opioid overdose.
9. Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid-related adverse event.
10. Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co- occurring SUD/MH conditions or to persons who have experienced an opioid overdose.
11. Expand warm hand-off services to transition to recovery services.
12. Create or support school -based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people.
13. Develop and support best practices on addressing OUD in the workplace.
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14. Support assistance programs for health care providers with OUD.
15. Engage non -profits and the faith community as a system to support outreach for treatment.
16. Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co- occurring SUD/ MH conditions.
D. ADDRESS THE NEEDS OF CRIMINAL JUSTICE - INVOLVED PERSONS Address the needs of persons with OUD and any co- occurring SUD/MH conditions who are involved in, are at risk of becoming involved in, or are transitioning out of the criminal justice system through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, those that:
Support pre -arrest or pre -arraignment diversion and deflection strategies for persons with OUD and any co-occurring SUD/MH conditions, including established strategies such as:
Self -referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative (" PAARP );
2. Active outreach strategies such as the Drug Abuse Response Team DART") model;
3. " Naloxone Plus" strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services;
4. Officer prevention strategies, such as the Law Enforcement Assisted Diversion (" LEAD") model;
5. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; or
6. Co -responder and/ or alternative responder models to address OUD- related 911 calls with greater SUD expertise.
Support pre- trial services that connect individuals with OUD and any cooccurring SUD/ MH conditions to evidence - informed treatment, including MAT, and related services.
Support treatment and recovery courts that provide evidence -based options for persons with OUD and any co- occurring SUD/MH conditions.
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4. Provide evidence - informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any cooccurring SUD/ MH conditions who are incarcerated in jail or prison.
5. Provide evidence -informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any cooccurring SUD/MH conditions who are leaving jail or prison or have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re- entry programs or facilities.
6. Support critical time interventions C' CTP'), particularly for individuals living with dual -diagnosis OUD/ serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings.
7. Provide training on best practices for addressing the needs of criminal justice - involved persons with OUD and any co- occurring SUD/ MH conditions to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, harm reduction, case management, or other services offered in connection with any ofthe strategies described in this section.
E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND
THEIR FAMILIES INCLUDING BABIES WITH NEONATAL ABSTINENCE
SYNDROME
Address the needs of pregnant or parenting women with OUD and any co- occurring SUD/ MH conditions, and the needs oftheir families, including babies with neonatal abstinence syndrome C NAS' D, through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, those that:
Support evidence -based or evidence -informed treatment, including MAT, recovery services and supports, and prevention services for pregnant women —or women who could become pregnant —who have OUD and any co- occurring SUD/ MH conditions, and other measures to educate and provide support to families affected by Neonatal Abstinence Syndrome.
Expand comprehensive evidence -based treatment and recovery services, including MAT, for uninsured women with OUD and any co- occurring SUD/MH conditions for up to 12 months postpartum.
Provide training for obstetricians or other healthcare personnel who work with pregnant women and their families regarding treatment of OUD and any cooccurring SUD/ MH conditions.
4. Expand comprehensive evidence -based treatment and recovery support for NAS babies; expand services for better continuum of care with infant -need dyad; and expand long-term treatment and services for medical monitoring of NAS babies and their families.
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5. Provide training to health care providers who work with pregnant or parenting women on best practices for compliance with federal requirements that children born with NAS get referred to appropriate services and receive a plan of safe care.
6. Provide child and family supports for parenting women with OUD and any cooccurring SUD/ MH conditions.
Provide enhanced family support and child care services for parents with OUD and any co- occurring SUD/ MH conditions.
8. Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma -informed behavioral health treatment for adverse childhood events.
9. Offer home -based wrap -around services to persons with OUD and any cooccurring SUD/ MH conditions, including, but not limited to, parent skills training.
10. Provide support for Children' s Services — Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/ or placed in foster care due to custodial opioid use.
PART TWO: PREVENTION
F. PREVENT OVER -PRESCRIBING AND ENSURE APPROPRIATE
PRESCRIBING AND DISPENSING OF OPIOIDS
Support efforts to prevent over -prescribing and ensure appropriate prescribing and dispensing of opioids through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following:
Funding medical provider education and outreach regarding best prescribing practices for opioids consistent with the Guidelines for Prescribing Opioids for Chronic Pain from the U.S. Centers for Disease Control and Prevention, including providers at hospitals ( academic detailing).
2. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids.
3. Continuing Medical Education ( CME) on appropriate prescribing of opioids.
4. Providing Support for non- opioid pain treatment alternatives, including training providers to offer or refer to multi -modal, evidence -informed treatment of pain.
5. Supporting enhancements or improvements to Prescription Drug Monitoring Programs (" PDMPs"), including, but not limited to, improvements that:
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Increase the number of prescribers using PDMPs;
Improve point -of -care decision -making by increasing the quantity, quality, or format of data available to prescribers using PDMPs, by improving the interface that prescribers use to access PDMP data, or both; or Enable states to use PDMP data in support of surveillance or intervention strategies, including MAT referrals and follow- up for individuals identified within PDMP data as likely to experience OUD in a manner that complies with all relevant privacy and security laws and rules.
6. Ensuring PDMPs incorporate available overdose/ naloxone deployment data, including the United States Department of Transportation' s Emergency Medical Technician overdose database in a manner that complies with all relevant privacy and security laws and rules.
7. Increasing electronic prescribing to prevent diversion or forgery.
8. Educating dispensers on appropriate opioid dispensing.
G. PREVENT MISUSE OF OPIOIDS
Support efforts to discourage or prevent misuse of opioids through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following:
1. Funding media campaigns to prevent opioid misuse.
2. Corrective advertising or affirmative public education campaigns based on evidence.
3. Public education relating to drug disposal.
4. Drug take -back disposal or destruction programs.
5. Funding community anti -drug coalitions that engage in drug prevention efforts.
Supporting community coalitions in implementing evidence -informed prevention, such as reduced social access and physical access, stigma reduction —including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence -informed implementation, including the Strategic Prevention Framework developed by the U. S. Substance Abuse and Mental Health Services Administration (" SAMHSA").
7. Engaging non -profits and faith -based communities as systems to support prevention.
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8. Funding evidence -based prevention programs in schools or evidence -informed school and community education programs and campaigns for students, families, school employees, school athletic programs, parent -teacher and student associations, and others.
9. School -based or youth -focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids.
10. Create or support community -based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions.
11. Support evidence -informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills.
12. Support greater access to mental health services and supports for young people, including services and supports provided by school nurses, behavioral health workers or other school staff, to address mental health needs in young people that when not properly addressed) increase the risk of opioid or another drug misuse.
H. PREVENT OVERDOSE DEATHS AND OTHER HARMS ( HARM REDUCTION) Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following:
1. Increased availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, individuals with OUD and their friends and family members, schools, community navigators and outreach workers, persons being released from jail or prison, or other members ofthe general public.
2. Public health entities providing free naloxone to anyone in the community.
3. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, community support groups, and other members of the general public.
4. Enabling school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support.
5. Expanding, improving, or developing data tracking software and applications for overdoses/ naloxone revivals.
6. Public education relating to emergency responses to overdoses.
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7. Public education relating to immunity and Good Samaritan laws.
8. Educating first responders regarding the existence and operation of immunity and Good Samaritan laws.
9. Syringe service programs and other evidence -informed programs to reduce harms associated with intravenous drug use, including supplies, staffing, space, peer support services, referrals to treatment, fentanyl checking, connections to care, and the full range of harm reduction and treatment services provided by these programs.
10. Expanding access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use.
11. Supporting mobile units that offer or provide referrals to harm reduction services, treatment, recovery supports, health care, or other appropriate services to persons that use opioids or persons with OUD and any co- occurring SUD/MH conditions.
12. Providing training in harm reduction strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any cooccurring SUD/ MH conditions.
13. Supporting screening for fentanyl in routine clinical toxicology testing.
PART THREE: OTHER STRATEGIES
I. FIRST RESPONDERS
In addition to items in section C, D and H relating to first responders, support the following:
Education of law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs.
Provision of wellness and support services for first responders and others who experience secondary trauma associated with opioid- related emergency events.
J. LEADERSHIP, PLANNING AND COORDINATION
Support efforts to provide leadership, planning, coordination, facilitations, training and technical assistance to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following:
Statewide, regional, local or community regional planning to identify root causes of addiction and overdose, goals for reducing harms related to the opioid epidemic, and areas and populations with the greatest needs for treatment E- 13
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intervention services, and to support training and technical assistance and other strategies to abate the opioid epidemic described in this opioid abatement strategy list.
A dashboard to ( a) share reports, recommendations, or plans to spend opioid settlement funds; ( b) to show how opioid settlement funds have been spent; ( c) to report program or strategy outcomes; or ( d) to track, share or visualize key opioidor health -related indicators and supports as identified through collaborative statewide, regional, local or community processes.
Invest in infrastructure or staffing at government or not -for -profit agencies to support collaborative, cross -system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any co- occurring SUD/ MH conditions, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list.
4. Provide resources to staff government oversight and management of opioid abatement programs.
K. TRAINING
In addition to the training referred to throughout this document, support training to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, those that:
Provide funding for staff training or networking programs and services to improve the capability of government, community, and not -for -profit entities to abate the opioid crisis.
2. Support infrastructure and staffing for collaborative cross -system coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD and any cooccurring SUD/ MH conditions, or implement other strategies to abate the opioid epidemic described in this opioid abatement strategy list ( e.g., health care, primary care, pharmacies, PDMPs, etc.).
L. RESEARCH
Support opioid abatement research that may include, but is not limited to, the following:
Monitoring, surveillance, data collection and evaluation of programs and strategies described in this opioid abatement strategy list.
2. Research non-opioid treatment of chronic pain.
Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders.
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4. Research on novel harm reduction and prevention efforts such as the provision offentanyl test strips.
5. Research on innovative supply-side enforcement efforts such as improved detection of mail -based delivery of synthetic opioids.
6. Expanded research on swift/ certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances ( e.g., Hawaii HOPE and Dakota 24/ 7).
7. Epidemiological surveillance of OUD-related behaviors in critical populations, including individuals entering the criminal justice system, including, but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring C ADAW) system.
8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids.
9. Geospatial analysis of access barriers to MAT and their association with treatment engagement and treatment outcomes.
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STAFF REPORT
TO THE CITY COUNCIL
DATE: September 12, 2023
FROM: Joseph A. Hughes, City Manager
PREPARED BY: Matt Bennett, Assistant Public Works Director REVIEWED BY: Carlos Zamano, Public Works Director/ City Engineer 62-' SUBJECT: Resolution Approving a Development Impact Fee Calculation and Nexus Report (" 2023 DIF Report"), Adopting a Master Facilities Plan, Updating and Establishing the Fee Amounts forthe City' s Development Impact Fees; Resolution Amending the Park Land Acquisition and Park Facilities Development Fee Applicable to New Residential Subdivisions Pursuant to Section 16.40.200 of the Highland Municipal Code and the Quimby Act Government Code Section 66477); Introduction of Ordinance Updating and Amending the City' s Comprehensive System of Development Impact Fees and Superseding Ordinance Nos. 309 and 422; Making Determinations Under CEQA
RECOMMENDATION: The Finance Subcommittee recommends the following:
That the City Council open and conduct a public hearing and adopt Resolution No. 2023- a Resolution of the City Council of the City of Highland, California, Approving a Development Impact Fee Calculation and Nexus Report (" 2023 DIF Report"), Adopting a Master Facilities Plan as Part of the 2023 DIF Report, Updating and Establishing the Fee Amounts for the City' s Development Impact Fees, and Making Determinations Under CEQA
2. That the City Council open and conduct a public hearing and adopt Resolution No. 2023- a Resolution of the City Council of the City of Highland, California, Amending the Park Land Acquisition and Park Facilities Development Fee Applicable to New Residential Subdivisions Pursuant to Section 16. 40. 200 of the Highland Municipal Code and the Quimby Act (Government Code Section 66477), and Making Determinations Under CEQA
Approved Motion Second
Denied Ayes
Continued Noes
Tabled Abstain
Absent
Agenda Item No.
File No.
City Clerk City
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3. That the City Council conduct a first reading and introduce by title only "An Ordinance of City of Highland, California, Updating and Amending the City' s Comprehensive System of Development Impact Fees, Superseding Ordinance Nos. 309 and 422, and Making Determinations Under CEQX
Separately, TREH Partners XV, LLC has requested the following:
4. TREH Partners XV, LLC requests City Council to lock SPR 006- 001 A- DRA 20- 012 to the existing Development Impact Fees per Resolution 2021- 058 ( See Attachment 4) FISCAL IMPACT: The total estimated cost of public infrastructure needed to support continued growth within the City is $ 123. 4 million. Adoption of the fees as recommended by the Finance Subcommittee would raise $ 94. 2 million or 76. 3% of the total cost.
PUBLIC NOTICE: The agenda for this item was posted at the three locations per Resolution No. 2011- 047 and on the City' s website. In compliance with Government Code sections 60016, 60016. 5, 60018 and 6062a, the City provided notice at least thirty days before the proposed adoption of the 2023 DIF Report. On June 13, 2023 and July 14, 2023, the City published and posted on the City' s website the notice of the proposed adoption of the 2023 DIF Report and the adoption of the fees. In addition, at least fourteen days before the public hearing, the City mailed notice to all interested parties that requested notice of the fees. The BIA, developers and other interested parties were notified of both the Finance Subcommittee and City Council meetings via direct mailing. The public hearing was initially scheduled forAugust 8, 2023, but was continued to September 12, 2023. The City provided notice to all interested that requested notice of the fees of the continued hearing date. Finally, the DIF Ordinance Summary was published on September 1, 2023.
BACKGROUND: The City first established its development impact fees in 1988 and updated them in 2006 as part of the Work Program for 2005 and 2006. After the adoption of the DIF in 2006, the City implemented annual adjustments to the DIF to reflect the prevailing construction cost of infrastructure improvements. SBCTA requires local agencies to ensure that adequate DIF be collected from new development to pay for its fair share of regional circulation improvement costs. In accordance with City Council resolutions, with few exceptions, DIF for Regional Circulation, Local Circulation, and Regional Flood Control Facilities has traditionally been adjusted annually based on changes to the Caltrans Highway Construction Item Index (CHCI), which reflects the trend of highway construction cost in California.
In recent years, the City Council decided to adjust the DIF for Regional Circulation, Local Circulation, and Regional Flood Control Facilities using the California Construction Cost Index CCCI) published by the State of California Department of General Services. On April 27, 2021, the City Council approved the recommendation by the Finance Subcommittee to adjust the 2021 DIF for the infrastructure categories of Regional Circulation System, Local Circulation System and Regional Flood Control Facilities based on the CHCI. The remaining 6 of the 9 infrastructure categories were adjusted based on the CCCI. The fees adjusted in April of 2021 by Resolution Nos. 2021- 007 and No. 2021- 008 are still in use today.
Through the adoption of the Work Program for 2021 and 2022, the City Council directed staff to update the fees. This task was very timely because on September 28, 2021, Assembly Bill (AB) 602 was enacted to change how cities and counties impose impact fees on housing. AB 602 states that if a city or county adopts a calculation and nexus study after July 1, 2022, it must -2-
either " calculate a fee imposed on a housing development project proportionately to the square footage of proposed units of the development" or make the following findings ( see Attachment 6 for AB 602 findings):
An explanation as to why square footage is not an appropriate metric to calculate fees imposed on housing development projects.
An explanation that an alternative basis of calculating the fees bears a reasonable relationship between the fee charged and the burden posed by the development. iii. That other policies in the fee structure support smaller developments, or otherwise ensure that smaller developments are not charged disproportionate fees.
In December 2021, the City entered into a contract with Revenue & Cost Specialists ( RCS) to prepare the necessary analysis and reports for a comprehensive update of the fees. It has taken over a year and half to complete the next comprehensive DIF update because of three primary factors. The first factor was due to the Covid- 19 pandemic that caused staffing interruptions.
The second factor was that it took longer than expected to review the work history from the past 17 years to identify infrastructure projects that needed to be eliminated because they were either completed or no longer necessary due to changed conditions. All remaining carryover infrastructure projects were then re- evaluated to update project costs to bring them current. New infrastructure projects were also added to meet the needs of the city for future buildout. The third factor was regarding compliance with AB 602 since no guidance was given to cities and counties on the methodology for calculating the DIF based on square footage of proposed units of development.
RCS, with assistance from City staff, prepared the necessary analysis and reports for a comprehensive update of the fees, which is detailed in the " Development Impact Fee Calculation and Nexus Report" dated August 28, 2023 included as Exhibit A of Resolution No. 2023- and the " Master Facilities Plan" for the City of Highland dated July 2023 included as Exhibit B of Resolution No. 2023 . The following notable adjustments were made to the fees from the fees that were established pursuant to the 2006 DIF Report:
Law Enforcement — Chapter 3: The proposed fee has decreased since the prior report as the construction of the police station has been completed. The remaining proposed fee is for the tenant improvements in the currently vacant space as more staff will be needed to maintain the City' s standards.
Fire Suppression — Chapter 4: The proposed fee has decreased as the construction of station 4 was eliminated due to the cancellation of a development that would have occurred in a proposed annexation at the east end of the City. The remaining proposed fee is for the future relocation of station # 1, and the purchase of a specialty vehicle.
Local/ Regional Circulation Systems — Chapter 5: The local portion of this proposed fee has decreased for several reasons: ( 1) the reallocation of local flood control projects, and ( 2) a better allocation of local street projects between new and existing residents. The regional portion of this proposed fee has increased to reflect several major regional projects in which the City will participate.
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Local/ Regional Flood Control — Chapter 6: The San Bernardino County Flood Control District has assumed greater responsibility for regional projects. The City has reprogrammed several local flood control projects that were formerly included in local street projects into this fee category. The proposed increase in this fee better reflects the cost of local flood control projects caused by new development.
General Facilities — Chapter 7: The proposed fee has increased due to the anticipated greater need for city hall office and meeting space due to development.
Library Facilities & Volume Collection — Chapter 8: The proposed fee has increased due to the inflationary increase in the cost of proposed tenant improvements to the existing City library and the cost of library collection items necessary to maintain the existing standards.
Public Facilities — Chapter 9: This fee was previously programmed for the construction of a community center. With the completion of that project, this fee is no longer necessary and remaining monies are reprogrammed for general facilities. Consequently, there is no proposed Public Facilities DIF.
Park Land & Facilities — Chapter 10: When the City' s first DIF report was prepared, the City had no parks and a standard of one acre per one thousand residents was used. The City now has
1. 35 acres of parkland per one thousand residents, not including private parks. Based on the City' s General Plan, and in accordance with the Quimby Act, the park standard of 2. 0 acres per thousand residents is being used to calculate the proposed fee.
Regarding AB 602, the Report prepared by RCS continues to impose residential development impact fees per dwelling unit for Attached, Detached, and Mobil Homes and not square footage.
It was found that the fee structure based on per dwelling unit for residential development fosters greater accuracy in planning and provides the City with the required level of certainty in impact fee collection. AB 602 determination that a city that imposes a fee proportionately to the square footage of the proposed units of the development shall be deemed to have used a valid method to establish a reasonable relationship between the fee charged and the burden imposed on the development is based upon a presumption that a smaller detached dwelling creates less local government service demands than a larger detached dwelling. AB 602 does not offer any peer reviewed, third -party empirical data that substantiates that a smaller square footage detached dwelling creates less municipal service impacts than a larger square foot detached dwelling.
The Report includes 311 acres zoned for future detached dwellings. At approximately 5. 03 detached dwelling per acre, this equates to an additional 1, 563 detached dwellings to be constructed by the General Plan build -out of the City. At this time, the City does not have any information as to how many square feet any of these future 1, 563 detached dwelling units will be because that is, within applicable zoning, determined by the developers on the various parcels.
Currently there is no data available to determine infrastructure demand for various sized detached dwellings. Given these constraints, RCS and City staff have determined that the empirically driven per unit residential fee is the most appropriate metric with which to calculate and fairly impose the City' s schedule of impact fees.
The Finance Subcommittee discussed the proposed fees at its meeting on June 28, 2023. The Finance Subcommittee recommended adoption of the fee schedule as shown in Schedule 2.2 in 2023 DIF Report. However, the fee schedule shown in Schedule 2. 2 has been adjusted down per two factors. The first factor has to do with a recalculation of the existing park standard per -4-
one thousand residents from 1. 85 to 1. 35 ratio. The second factor is to reflect the planned Library expansion by 5, 000 square feet rather than 5, 421 square feet for residential land use categories of Detached Dwellings, Attached Dwellings, and Mobile Home, that require a collection of DIF for Library Facilities. The three remaining land uses of Commercial Lodging, Commercial / Office and Industrial remain the same. It should be noted that Schedule 2. 2 applies to non -subdivided developments whereas Schedule 2. 1 is for subdivided developments.
The City Council is requested to conduct the first reading of Ordinance No. on September 12, 2023 and conduct the second reading of the development impact fee ordinance on October 10, 2023. The City Council is further requested to adopt the resolutions on September 12, 2023.
Government Code section 66017 provides that resolutions imposing the fees shall be effective no sooner than 60 days following the final action on the adoption of the fees. If the fees are adopted on September 12, 2023, then they would go into effect on November 14, 2023. If Ordinance No. is adopted on October 10, 2023, then it can go into effect on November 9, 2023. As such, the fee resolutions and Ordinance shall go into effect on date of November 14, 2023 so that the fees go into effect at the same time that the ordinance goes into effect.
DIF Infrastructure Categories
The existing DIF schedule contains 9 infrastructure categories:
1. Law Enforcement Facilities
2. Fire Suppression Facilities, Vehicle and Equipment
3. Local Circulation System
4. Regional Circulation System
5. Regional Flood Control Facilities
6. General Government Facilities, Vehicles and Equipment
7. Public Library Facility and Collection
8. Public Use ( Community Center) Facilities
9. Park Land Acquisition and Park Facilities Development Ordinance No. establishes these same 9 infrastructure categories and supersedes Ordinance No. 309 which was based on a 2006 DIF Report. Ordinance No. does not create any new categories of exceptions for the payment of DIF except as required by State law.
Recent changes State law provide that a city shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. Ordinance No. incorporates this exception required by State law. It should be noted that all previous DIF ordinances adopted by the City Council have not been codified ( i. e., they are not incorporated in the Municipal Code) so Ordinance No. will be codifying the development impact fee categories and regulations that govern the imposition and collection of fees.
DIF Land Use Categories and Fee Amount
The amount of DIF applicable to each of the 6 land uses of new development, based on the 2023 comprehensive DIF Update Report, is proposed to be adjusted as follows:
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Land Use
Detached Dwellings
Attached Dwellings
Mobile Home
Commercial Lodging
Commercial/ Office
Industrial
Land Use
Detached Dwellings
Attached Dwellings
Mobile Home
Commercial Lodging
Commercial/ Office
Industrial
Existing 2021 DIF
30, 349. 14
22, 468. 72
18, 123. 45
12, 367.21
19. 120
14. 572
Subdivided 2023 DIF
33, 183 per dwelling unit
23,957 per dwelling unit
20, 603 per dwelling unit
14, 188 per unit
20. 949 per square foot
15. 604 per square foot
Non -Subdivided 2023 DIF
31, 349 per dwelling unit
22, 287 per dwelling unit
19,408 per dwelling unit
14, 188 per unit
20. 949 per square foot
15. 604 per square foot
For comparison, if the DIF had been adjusted annually from July 2021 to June 2022 and July 2022 to June 2023 the fees would have been greater in all categories except for commercial lodging in 2022. However, it should be noted that the Caltrans Highway Construction Item Index CHCI) data is no longer available. As a result, all 9 infrastructure categories were adjusted using the California Construction Cost Index ( CCCI). In 2019, BIA requested that City Council use CCCI instead of CHCI for all categories. Following are projected annual DIF adjustments:
Land Use
Detached Dwellings
Attached Dwellings
Mobile Home
Commercial Lodging
Commercial/ Office
Industrial
Land Use
Detached Dwellings
Attached Dwellings
Mobile Home
Commercial Lodging
Commercial/ Office
Industrial
2022 DIF ( if adjusted by CCC Index)
34,801 per dwelling unit
25, 765 per dwelling unit
20, 782 per dwelling unit
14, 181 per unit
21. 934 per square foot
16. 705 per square foot
2023 DIF ( if adjusted by CCC Index)
36, 510 per dwelling unit
27,029 per dwelling unit
21, 803 per dwelling unit
14, 878 per unit
23. 007 per square foot
17. 525 per square foot
California Construction Cost Index ( CCCI) adjusted by 14. 67% from July 2021 to June 2022 and 4. 91 % from July 2022 to June 2023, see Attachment 8 — CCCI projected table for 2022 and 2023
Concept of "Proportional Analysis"
The DIF Study utilizes the concept of " Proportional Analysis" to determine the level of responsibility of new development on funding the cost of future infrastructure improvements.
The concept of "Proportional Analysis" is discussed in detail in the Report. In short, the basic principle is that new development' s required contribution to future infrastructure improvements should not be more than existing community' s investment of existing infrastructure. -6-
Discussion on DIF for Parks
The parkland ratio that is used to calculate the DIF and Quimby Fees is calculated pursuant to the Quimby Act ( Section 66477 of the Government Code). The Quimby Act allows a city to adopt an ordinance that establishes a parkland ratio standard of up to 3 acres per 1, 000 residents even if the city does not presently possess 3 acres of parks per 1, 000 existing residents. The 2023 DIF Report states that with 76. 07 acres of park currently owned by the City, and a population of 56, 546, the present ration is 1. 35 acres per 1, 000 residents. As indicated in Chapter 5 of the General Plan "Conservation and Open Space Element", and Highland Municipal Code section 16. 40.200, the open space ration established for the City is 2. 5 acres consisting of
2. 0 acres of developed parks and 0. 5 acre of undeveloped natural parkland per 1, 000 residents.
The 0. 5 acre of undeveloped natural parkland can be achieved through conservation and dedication of open space associated with development projects.
In addition, as recommended in the 2023 DIF Report, the fee resolution to be presented to the City Council on September 12, 2023 will adopt a Quimby fee under the Quimby Act for projects that involve subdivision of land, and a Park DIF under AB 1600 for projects that do not involve subdivision of land. See further discussion in Chapter 10 of the 2023 DIF Report with respect to DIF under AB 1600. Updates to Chapter 10 were posted on the City website to further enumerate the City' s existing parks.
Timing of DIF Payment
In 2010, the City Council approved an exception to allow development projects to pay DIFs at building occupancy, but lock in the rate at building permit application. The City Council has since extended this exception in each subsequent year as an incentive for new development activity.
However, recent changes in State law impact when the City can collect fees. Government Code section 66607 provides that, with certain limited exceptions, any local agency that imposes any fees or charges on residential development for the construction of public improvements or facilities shall not require the payment of those fees or charges, until the date of the final inspection, or the date the certificate of occupancy is issued, whichever occurs first. The City can still allow the fees to be locked in at the date the building permit is applied for and the resolution has been drafted to allow for the locking in of fees.
Public Comments
On June 28, 2023, the Mayor received a text message from the Building Industry Association BIA) regarding the DIF update. The following comments were provided:
Some cities like Fontana reduce DIFs temporarily for 6 months.
The proposed 9. 4% increase is substantial.
BIA respectfully request a phase -in approach over a two- year period for a more balanced approach.
The Finance Subcommittee did not support the request made by the BIA at the June 28, 2023 meeting. The proposed 9. 4% increase is not correct. The 2023 DIF Report prepared by RCS includes the correct proposed development impact fees for the various land uses as provided herein.
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On July 17, 2023, the City received a letter from TREH Partner XV, LLC requesting consideration to lock -in the existing Development Impact Fees for their approved residential project at the northeast corner of Greenspot Road and SR210 ( see Attachment 5). It is Staffs understanding that Ed Horovitz and Tom Robinson from TREH Partners will attend the public hearing to address the City Council.
On July 17, 2023, the City received an email from Mastercraft Residential inquiring about the new DIF amount for their project. Staff informed Raymond Dorame their DIF was locked in under the fee schedule dated April 28, 2021. The new DIF is not applicable to Mastercraft Residential. Raymond Dorame was pleased with this response.
On July 21 , 2023, the City received a comment letter from Desert Valleys Builders Association DVBA), see Attachment 4. In response to the letter and comments, the Development Impact Fee Calculation and Nexus Report ( 2023 DIF Report) was revised and has been uploaded with the changes to the City website under Public Notices (https://www.cityofhighland. org/ 209/PublicNotices). On July 31st, Staff discussed our 2023 DIF Report revisions made and provided responses to the points of the DVBA letter. DVBA representative James Brownyard said they had no further comment or concerns with the 2023 DIF Report.
Attachments:
1. Resolution No. 2023 Establishing a Comprehensive System of Development Impact Fees, Adopting a Master Facilities Plan, Establishing the City' s Development Impact Fees, and Making Determination under CEQA
2. Resolution No. 2023- Amending Park and Recreation Fee applicable to residential development pursuant to the Quimby Act
3. An Ordinance of City of Highland, California, Updating and Amending the City' s Comprehensive System of Development Impact Fees, Superseding Ordinance Nos. 309 and 422, and Making Determinations Under CEQA
4. DVBA letter dated July 21, 2023
5. TREH Partners XV, LLC DIF lock request letter dated July 17, 2023
6. AB 602 Findings in Support of City of Highland Policy to Impose Residential Development Impact Fees on a per Unit Basis
7. Mastercraft Residential July 17, 2023 e- mail inquiry
8. CCCI tables for 2022 and 2023
MADIF\ DIF 2023\ DIF 2023 Study\ Staff report\ DIF Study Report 9- 12- 23 Staff Report Final. DOC -8-
ATTACHMENT 1
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RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HIGHLAND, CALIFORNIA, APPROVING A DEVELOPMENT
IMPACT FEE REPORT ( NEXUS STUDY), ADOPTING A
MASTER FACILITIES PLAN AS PART OF THE
DEVELOPMENT IMPACT FEE REPORT, UPDATING AND
ESTABLISHING THE FEE AMOUNTS FOR THE CITY'S
DEVELOPMENT IMPACT FEES, AND MAKING
DETERMINATIONS UNDER CEQA
WHEREAS, the Mitigation Fee Act contained in Government Code 66000 et seq., permits the City to impose development impact fees on new development for the purposes of funding public facilities necessary to serve that new development; and WHEREAS, the City Council adopted Resolution Nos. 2006- 058, 2007- 060, 2009- 001, 2009- 043, 2010- 042, 2012- 001, 2013- 002, 2014- 002, 2015- 001, 2015- 044, 2017- 004, 2018- 002, 2019- 009, 2020- 05, and 2021- 007 establishing the amount of Development Impact Fees based on a 2006 Nexus Study prepared by Revenue and Cost Specialists, LLC (" RCS"). Resolution No. 2021- 007 establishes the development impact fees that are currently in place; and
WHEREAS, pursuant to the San Bernardino County Congestion Management Program, the City must collect the appropriate level of development impact fees as a match to County Measure I funds to be spent on Regional Circulation Facilities; and WHEREAS, the City desires to update the existing development impact fees on new development to fund the costs associated with increased demand for public facilities throughout the City to continue meeting the basic infrastructure needs of new growth, without unduly burdening the existing population and business community for these development -generated capital costs; and
WHEREAS, Ordinance No. , once adopted, will establish the City' s program and requirements for the imposition of development impact fees on development projects and will provide that the City Council shall, by resolution, adopt a schedule setting forth the specific amount of development impact fees that will be levied on upon new development in the City for each category of fee; and
WHEREAS, at the City' s request, RCS prepared an updated Development Impact Fee Calculation and Nexus Report dated August 28, 2023 (" 2023 DIF Report"), included as Exhibit "A", and a correlating Master Facilities Plan dated July 2023, included as Exhibit B" in compliance with Government Code Section 66016. 5; and WHEREAS, the 2023 DIF Report identifies the purpose of each fee, the use to which each fee will be put, demonstrates a reasonable relationship between each fee' s use and the type of development project on which the fee will be imposed and provides how there is a reasonable relationship between the amount of each fee and the cost of the public facility or equipment or portion of the public facility or equipment attributable to -10-
Resolution No. 2023-
the development on which each fee is imposed. The 2023 DIF Report is incorporated herein by this reference as if set forth in full. In addition, the 2023 DIF Report and Master Facilities Plan identified capital projects necessary to meet the goals, programs, and objectives within the City' s General Plan; and
WHEREAS, the 2023 DIF Report evaluated project development growth in the City consistent with the Highland General Plan, and provides the basis for calculating and adopting development impact fees in the following categories: ( 1) Law Enforcement Facilities; ( 2) Fire Suppression Facilities, Vehicles and Equipment; ( 3) Local Circulation Systems ( Streets, Signals, Drainage and Bridges); ( 4) Regional Circulation Systems, ( 5) Local and Regional Flood Control Facilities; ( 6) General Facilities, Vehicles and Equipment; ( 7) Library Facility and Volume Collection; ( 8) Public Use (Community Center) Facilities; and ( 9) Park Land Acquisition and Park Facilities Development; and WHEREAS, the 2023 DIF Report provides the documentation, detail, and other information required by the Mitigation Fee Act as the basis for the adoption and imposition of the development impact fees for ( 1) Law Enforcement Facilities; ( 2) Fire Suppression Facilities, Vehicles and Equipment; ( 3) Local Circulation Systems ( Streets, Signals, Drainage and Bridges); ( 4) Regional Circulation Systems, ( 5) Local and Regional Flood Control Facilities; ( 6) General Facilities, Vehicles and Equipment; ( 7) Library Facility and Volume Collection; ( 8) Public Use ( Community Center) Facilities; and ( 9) Park Land Acquisition and Park Facilities Development; and
WHEREAS, with respect to fees for law enforcement facilities, fire suppression facilities, vehicle and equipment, local and regional circulation systems, local and regional flood control facilities, general facilities, vehicles and equipment, library facilities, and public use facilities, the facts and evidence presented to the City Council have established that there is a reasonable relationship between the need for new facilities or improvements and the impacts of new development for which a corresponding fee is charged, and also that there is a reasonable relationship between the fees' use and the type of development for which the fee is imposed; and
WHEREAS, pursuant to the Mitigation Fee Act, the City Council finds that there is a reasonable relationship between the need for parks and recreation facilities because future residential development will increase the City' s population and will require additional park and recreational facilities to adequately serve the athletic and recreational needs of these new residents. The need to collect fees on new residential construction to mitigate the impact on park and recreation facilities and to fund park and recreation facility development costs, is separate from the fees and costs provided by the City' s Quimby Act Ordinance as provided in Highland Municipal Code Section 16.40.200. The development impact fees for parkland acquisition and park facilities development established by this Resolution is only imposed on non -subdivided land. Quimby fees, which are established by a separate resolution, are only imposed on subdivided land; and WHEREAS, Government Code Section 66016.5 provides that a nexus study adopted after July 1, 2022, shall calculate a fee imposed on a housing development project proportionately to the square footage of proposed units of the development. A -11-
Resolution No. 2023-
nexus study is not required to comply with this requirement if the city makes a finding that includes all of the following: ( i) an explanation as to why square footage is not an appropriate metric to calculate fees imposed on a housing development project; ( ii) an explanation that an alternative basis of calculating the fee bears a reasonable relationship between the fee charged and the burden posed by the development; and ( iii) that other policies in the fee structure support smaller developments, or otherwise ensure that smaller developments are not charged disproportionate fees. The findings required by Government Code section 66016. 5 are contained in Exhibit " C".
WHEREAS, pursuant to Government Code sections 66016, 66016. 5, 66018, and 6062a, the City must adopt development impact fees only after notice and public hearing; and
WHEREAS, pursuant to Government Code section 6062a, a notice of a public hearing on the proposed fee update was published on July 7, 2023 and July 14, 2023 in the San Bernardino Sun, a newspaper of general circulation; and WHEREAS, pursuant to Government Code sections 66016. 5, notice of the time and place of the meeting, including a general explanation of the matters to be considered and a statement that required data is available was provided at least thirty ( 30) days prior to the meeting to those members of the public who filed a written request with the City; and
WHEREAS, pursuant to Government Code section 66016, the City mailed notice of the time and place of the meeting, including a general explanation of the matter to be considered, and a statement that the data required by this section is available, at least 14 days prior to the meeting to any interested party who filed a written request with the City for mailed notice of the meeting on new or increased fees or service charges; and WHEREAS, at least ten ( 10) days prior to the duly noticed August 8, 2023 public hearing, the City made available for public inspection information required under Government Code section 66000, et. seq.; and
WHEREAS, the City received comments to the 2023 DIF Report. As a result of those comments, staff determined that the August 8, 2023 public hearing should be continued to allow staff additional time to address comments raised by the public regarding the 2023 DIF Report. On August 3, 2023, the City notified those who had requested notice of a meeting on new or increased fees or service charges that the public hearing was being continued to the September 12, 2023 City Council meeting; and WHEREAS, on August 8, 2023, the City Council opened the noticed public hearing to consider the City' s proposed new development fees and continued the hearing to September 12, 2023. The 2023 DIF Report was updated to address the comments received from the public and was posted on the City' s website at least 10 days prior to the September 12, 2023 public hearing; and
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Resolution No. 2023-
WHEREAS, on September 12, 2023 the City Council held a noticed public hearing to consider the City' s proposed Development Impact Fees at which time all interested persons were given an opportunity to comment; and
WHEREAS, the City Council finds that the record of these proceedings, including the 2023 DIF Report, the Master Facilities Plan, the City' s General Plan, ordinances and resolutions, the staff report, written correspondence received by the City, and the testimony received at the hearing prior to the adoption of this Resolution, held on September 12, 2023, contains substantial evidence to support the imposition and collection of the development impact fees established herein; and WHEREAS, the City Council has reviewed and considered the development impact fees established herein, and finds that the fees will mitigate some of the impacts associated with additional capital and infrastructure needs necessitated by new residential and non- residential development in the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HIGHLAND DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. RECITALS. The findings and recitals set forth in this Resolution are true and correct, and are incorporated herein.
SECTION 2. CEQA. The approval of the 2023 DIF Report, Master Facilities Plan associated with the 2023 DIF Report, and the adoption of the development impact fees specified in this Resolution, was reviewed in accordance with the criteria contained in the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines. The City Council finds that approval of the 2023 DIF Report and the adoption of the development impact fees specified in this Resolution will not have a significant impact on the environment and are exempt from CEQA pursuant to Section 15061( b)( 3) of State CEQA Guidelines because these actions involve the adoption of development impact fees and no specific development is authorized by the adoption of the 2023 DIF Report or the adoption of development impact fees. Furthermore, the Master Facilities Plan is a prioritizing and funding allocation program and cannot and does not have the potential to cause a significant effect on the environment. No physical activity will occur until all required environmental review is conducted at the time the physical improvements prioritized in the Master Facilities Plan are undertaken at a future unspecified date.
Therefore the approval of the 2023 DIF Report, Master Facilities Plan associated with the 2023 DIF Report, and adoption of the development impact fees does not have the potential for causing a significant effect on the environment. In addition, the adoption of this Resolution approves and sets forth a procedure for determining fees for the purpose of obtaining funds for capital projects and equipment necessary to maintain service within existing service areas and is statutorily exempt from CEQA pursuant to State CEQA Guidelines 15273( a)( 4). Also, approval of the Master Facilities Plan associated with the 2023 DIF Report, is exempt from the requirements of CEQA pursuant to State CEQA Guidelines Section 15378( b)( 4) because the Master Facilities Plan is not a " project" as defined by CEQA, but involves the creation of government funding mechanisms or other -13-
Resolution No. 2023-
government fiscal activities that do not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment.
SECTION 3. Approval of the 2023 DIF Report and Mitigation Fee Act Findings.
The City Council hereby approves the Development Impact Fee Calculation and Nexus Report prepared by Revenue and Cost Specialists, LLC and dated August 28, 2023 attached as Exhibit " A", and the findings contained therein. The City Council further makes the findings required by Government Code Section 66016. 5 as set forth in Exhibit C". A copy of the 2023 DIF Report shall be on file with the City Clerk and available during regular City business hours for public inspection.
SECTION 4. Adoption of a Master Facilities Plan. The City Council hereby adopts the Master Facilities Plan attached as Exhibit " B".
SECTION 5. Establishing the Amount of Development Impact Fees. The City Council hereby adopts the development impact fees for ( 1) Law Enforcement Facilities; 2) Fire Suppression Facilities, Vehicles and Equipment; ( 3) Local Circulation Systems Streets, Signals, Drainage and Bridges); ( 4) Regional Circulation Systems, ( 5) Local and Regional Flood Control Facilities; ( 6) General Facilities, Vehicles and Equipment; ( 7) Library Facility and Volume Collection; ( 8) Public Use ( Community Center) Facilities; and 9) Park Land Acquisition and Park Facilities Development, attached hereto as Exhibit " D" and incorporated by this reference.
SECTION 6. Adoption of Methodology for Calculation, Adjustment, and Collection of Development Impact Fees. The City Council adopts the methodology set forth in the 2023 DIF Report for calculating and collecting the development impact fees adopted herein. The development impact fees established in Exhibit " D" shall be calculated, adjusted, and collected in accordance with Ordinance No. , and the 2023 DIF Report.
Residential and Commercial Lodging projects will be charged on a per dwelling/ lodging unit basis. Commercial and industrial projects will be charged on the square footage of the building' s gross floor area. For purposes of this Resolution, " Gross Floor Area" means the total enclosed area of all floors of a building measured to the inside face of the exterior walls, including halls, stairways, elevator shafts at each floor level, service and mechanical equipment rooms, and basement or attic areas determined to be a habitable space by the City' s Building Official. Habitable spaces shall include, but not limited to, guest rooms, game rooms, pool houses, hobby rooms, home offices/ studios, or other ancillary uses as determined by the Community Development Director.
The Development Impact Fees set forth in all categories shall be adjusted annually based on the California Construction Cost Index ( CCCI) published by the State of California Department of General Services.
SECTION 7. Imposition of Fees. The development impact fees shall be imposed at time of any Building permit application and collected as a condition of building occupancy.
SECTION 8. Building Expansion. The following development impact fees will apply to building expansions:
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Resolution No. 2023-
DEVELOPMENT IMPACT FEES FOR BUILDING EXPANSION"
The following Development Impact Fees shall be imposed on new additions, expansion, or incidental construction to existing buildings. Fees imposed shall be based on the gross square footage of the enclosed structures which require a building permit to construct. The per square footage fees for residential land uses are calculated by dividing the total fees of all nine ( 9) improvement categories by one thousand five hundred ( 1, 500) square feet which is assumed to be the average square footage of various types of dwelling units.
Detached Dwelling $ 20. 899 per sq. ft.
Attached Dwelling $ 14. 858 per sq. ft.
Mobile Home $ 12. 939 per sq. ft.
Commercial Lodging $ 9. 459 per sq. ft.
Commercial/ Office $ 20. 948 per sq. ft.
Industrial $ 15. 604 per sq. ft.
SECTION 9. Effective Date of DIFs. The development impact fees established by Section 5 of this Resolution shall be effective on the later of: ( i) the sixtieth ( 60th) day following the adoption of this Resolution or ( ii) the effective date of proposed Ordinance No. establishing the City' s program and requirements for the imposition of development impact fees on development projects.
SECTION 10. Superseding and Replacing of Other Development Impact Fee Resolutions. This Resolution shall supersede Resolution No. 2021- 17 and govern any development project where the applicant has applied for a building permit as of the date that this Resolution goes into effect. Any development project where the applicant has not applied for a building permit as of the date that this Resolution goes into effect shall be governed by Resolution No. 2017- 17.
SECTION 11. No Changes to Other City Fees. Nothing in this Resolution shall repeal, amend or supersede any other City imposed fees except for the amount of specific type and category of development impact fees addressed in the 2023 DIF Report and expressly established by this Resolution.
SECTION 12. Severability. If any section, subsection, clause or phrase of this Resolution is for any reason held to be unconstitutional, or otherwise invalid, such decision shall not affect the validity of the remaining sections hereof. The City Council hereby declares that it would have passed this Resolution and each section, subsection, clause and phrase hereof irrespective of the fact that any one or more other sections, subsections, clauses or phrases be declared invalid.
SECTION 13. Certification. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.
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Resolution No. 2023-
PASSED, APPROVED, AND ADOPTED this 12th day of September 2023.
Larry McCallon, Mayor
ATTEST:
Betty Hughes, City Clerk
Exhibit A — 2023 DIF Report
Exhibit B — Master Facilities Plan
Exhibit C — Government Code Section 66016. 5 findings
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EXHIBIT A
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TAM
Al
17 17
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Development Impact Fee
Calculation and Nexus Report
For the City of
Highland, California
August 28, 2023
SUPERSEDES 07/ 06/ 23 EDITION
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CITY OF HIGHLAND
DEVELOPMENT IMPACT FEE
CALCULATION AND NEXUS REPORT
TABLE OF CONTENTS
Page No.
Chapter 1 - Background and Introduction................................................................... 1 Chapter 2 - Demographics and Findings................................................................... 15 Chapter 3 - Law Enforcement Facilities................................................................... 28 Chapter 4 - Fire Suppression Facilities, Vehicles, and Equipment..................................... 34 Chapter 5 - Local/ Regional Circulation Systems ( Streets, Signals and Bridges) ..................... 41 Chapter 6 - Local and Regional Flood Control Facilities................................................ 57 Chapter 7 - General Facilities, Vehicles, and Equipment................................................ 64 Chapter 8 - Library Facilities and Volume Collection.................................................... 69 Chapter 9 - Public ( community center) Facilities......................................................... 73 Chapter 10 - Park Land Acquisition and Park Facilities Development................................ 74 Appendix A - Summary of Recommendations............................................................ 85 Appendix B — Expanded Land -use Database............................................................. 86 Appendix C — Park Averages............................................................................... 87 -20-
CITY OF HIGHLAND
DEVELOPMENT IMPACT FEE
CALCULATION AND NEXUS REPORT
TABLE OF CONTENTS
Page No.
Chapter 1 - Background and Introduction................................................................... 1 Chapter 2 - Demographics and Findings................................................................... 15 Chapter 3 - Law Enforcement Facilities................................................................... 28 Chapter 4 - Fire Suppression Facilities, Vehicles, and Equipment..................................... 34 Chapter 5 - Local/ Regional Circulation Systems ( Streets, Signals and Bridges) ..................... 41 Chapter 6 - Local and Regional Flood Control Facilities................................................ 57 Chapter 7 - General Facilities, Vehicles, and Equipment................................................ 64 Chapter 8 - Library Facilities and Volume Collection.................................................... 69 Chapter 9 - Public ( community center) Facilities......................................................... 73 Chapter 10 - Park Land Acquisition and Park Facilities Development................................ 74 Appendix A - Summary of Recommendations............................................................ 84 Appendix B — Expanded Land -use Database............................................................. 85 AppendixC — Park Averages............................................................................... 87 DIF REPORT 07/ 06/ 23 EDITION
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Chapter I
Background and Introduction
The City of Highland has retained Revenue & Cost Specialists' to update the City' s existing impact fees. The City has further expressed a desire that its Development Impact Fees ( henceforth referred to as DIFs) be calculated in such a manner that all possible efforts be undertaken to support the amount of the fees. Continued periodic review and adjustment of the City' s DIFs, such as this effort, is appropriate and warranted to ensure that the City collects sufficient monies to construct the additional infrastructure needed to serve new residents and businesses developing in the City.
This DIF Calculation Report is dissimilar to other such efforts in that it includes a significant amount of detail, such as a list of all projects to be financed by impact fees by infrastructure. 2 This Development Impact Fee Calculation Report and the Master Facilities Plan offer greater information for the Council to make policy decisions, greater understanding by the development community, and an easier tracking (and updating) system for the staff.
This Report provides documentation of the City's costs which serve as the basis for calculating Development Impact Fees ( DIFs). The updated Development Impact Fees and related information can be found in Chapters 3 through 10 and Appendices A and B of this Report. The Master Facilities Plan containing the specifics about the projects that support the fee calculation, is a separate document.
RCS has met with City staff from law enforcement, fire suppression, Planning, and Public Works Departments to review the supporting data, which forms the calculation of DIFs. The results of this review can be found on the schedules located at the end of each Chapter.
Impact Fee Structure. The General Plan provides a range of potential densities for residential Development; as such, the DIFs for residential uses need to be calculated on a per -dwelling unit basis to reflect more accurately the impacts of a specific development. For example, a property zoned as detached dwelling residential development may contain three to six units per acre. If fees are calculated on an acreage basis, the developer proposing three units per acre will pay the same amount as a developer constructing six units per acre. Similarly, fees are calculated on a square footage basis for commercial and industrial properties to reflect the impacts of different building intensities for this type of development.
A second reason for the proposed DIF fee structure recommended in this Report involves building expansion or intensifying commercial and industrial areas. For example, if a property owner of commercial or industrial property proposes an expansion to his building, the question exists about how to charge this proposed expansion for its impact on the City' s streets, storm drainage system, and other infrastructures. A fee calculated on a building square footage basis will simplify this calculation.
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Chapter One Background and Introduction
CALCULATION OF DEVELOPMENT IMPACT FEES
In California, State legislation sets certain legal and procedural parameters for the charging of these fees. This legislation was passed as the * Mitigation Fee Act by the California Legislature and is now codified as California Government Code Sections 66000 through 66009. This State law went into effect on January 1, 1989.
AB! 6e0* The Mitigation Fee Act requires documentation of projects to be financed by Development Impact Fees prior to their levy and collection and that the monies collected actually be committed within five years to a project of " direct benefit" to the development which paid the fees. Many states have such controlling statutes.
Ae16ae- Specifically,* the Mitigation Fee Act requires the following:
1. Delineation of the PURPOSE of the fee.
2. Determination of the USE of the fee.
3. Determination of the RELATIONSHIP between the use ofthe fee and the type of development paying the fee.
4. Determination of the relationship between the NEED for the facility and the type of development project. NOTE: Numbers 2 & 4 will be reversed throughout the chapters in this Report because it is apparent that need should be identified before use.
5. Determination of the relationship between the AMOUNT of the fee and the COST of the portion of the facility attributed to the specific development project.
With some additions, this report utilizes the basic methodology consistent with the aB1690 above requirements of1he Mitigation Fee Act. Briefly, the following steps were undertaken in the calculation of impact fees for the City and are listed below:
1. Define the level of service needed within the General Plan area for each project or acquisition identified as necessary. In some areas, certain statistical measures are commonly used to measure or define an acceptable level of service for a category of infrastructure. Street intersections, for instance, are commonly rated based on a Level of Service scale of "A" to " F" developed by transportation engineers.
2. Review the land use map and determine the existing mix of land uses and the amount of undeveloped and developed land. The magnitude of growth and its impacts can thus be determined by considering this land use data when planning needed infrastructure. The inventory can be found in Table 2- 1.
3. Identify all additions to the capital facilities or equipment inventory necessary to maintain the identified levels of service in the area. Then, determine the cost ofthose additions.
City of Highland 2022- 23 Development Impact Fee Calculation and Nexus Report Page -23-
Chapter One Background and Introduction
4. Identify a level of responsibility, identifying, as termed in this Report, the relative need ( or as referred to in the accompanying schedules as " PERCENT NEED") for the facility or equipment necessary to accommodate " growth" as defined and as opposed to current needs.
5. Distribute the costs identified as a result of development growth on the basis of land use.
Costs are distributed between each land use based on their relative use of the capital system.
For example, future street costs were distributed to each land use based on their trip generation characteristics.
OTHER ASSUMPTIONS OF THE REPORT
In addition to the land use assumptions contained in the next Chapter of this Report, other important assumptions of this study include the following:
Normal" Subdivision Improvements Omitted. Not included in either of the project lists or consequent calculations are the " local" public improvements generally associated with and identified as being the sole responsibility ofthe developer through the subdivision or development review process. This type of "on -site" improvement would include all capital construction within the boundaries of any development, such as streetlights, curbs, gutters, sidewalks, and neighborhood streets. These improvements would continue to be the direct responsibility of the developer, with or without the addition of Development Impact Fees.
Land Costs. Land acquisition cost estimates were developed after discussions with City officials.
Arguments for higher or lower costs can be made; however, the herein contained per acre amounts:
appear to be the most appropriate current figure for the purposes of this study.
Zone -based" Fees for DIFs. In some categories of infrastructure, primarily storm drainage, the DIFs may need to recognize subregions or smaller portions of the City with extraordinary service costs or infrastructure needs. Subregions are generally the result of some geographical feature, such as a river or hilly terrain, that creates a differing need for infrastructure in the subregion. A reservoir that must be built at substantial costs to allow a small area ofthe City, above the current level of other reservoirs, to be developed, while there is no benefit to any other area of the City, would be a prime example. A specific overlay or surcharge fee may be necessary in order to eliminate the possibility of others who will not receive any benefit from the reservoir being required to assume responsibility for the payment ofthat reservoir.
Exclusion of Tax " Credits" for Undeveloped Land. Some have argued that a credit for capital - related revenues, such as gas taxes, should be made against the development impact fees calculated or imposed by a city. Using the state gas tax as an example, proponents of a DIF credit argue that a city will receive increased annual gas taxes because of the additional population generated by future residential development. It is therefore argued that a developer should receive a credit for any associated gas tax revenues collected as a result of the residents or businesses that occupy the new dwellings against any Circulation System impact fee imposed by the City based on either of two separate arguments.
City of Highland 2022- 23 Development Impact Fee Calculation and Nexus Report Page 3 -24-
Chapter One Background and Introduction
The first argument for a gas tax credit supposes that the additional gas taxes created by residential development is used to maintain existing streets, which is the responsibility of existing development. Since the new streets constructed via impact fees will not require rehabilitation or reconstruction for another 10 to 20 years, the gas tax generated by new development is, therefore, a windfall to the City and should be credited against the DIF.
This argument fails to consider that any new resident or business to the City will begin to contribute immediately to the use and deterioration of all City streets. A cursory review of City finances will reveal that the portion of the State gas tax received by cities falls far short of meeting the City' s needed street improvements and repairs in any given year. The gas taxes " generated" by new development simply cannot meet the maintenance costs of either the new streets associated with the development or the existing streets, which the new resident uses on a daily basis.
The second argument proposes that the developer pays his " full share" of constructing new roads when he pays the City' s Circulation System DIF and that the gas taxes generated by his development are unfairly used to make improvements to the existing street system. It is most cities' experience that gas taxes are barely adequate to meet street -related operational costs, and if they are sufficient to meet these costs, the remainder is used for capital -related maintenance projects.
The amount of gas tax revenues used to expand the existing street system is usually, specifically in Highland' s case, a nominal amount of the total.
For these reasons, a credit is not considered for the Circulation DIF in this Report. A similar discussion can be made for the other fees considered herein; therefore, no credits against such fees are included in this calculation of impact costs.
Financing Costs. Since financing costs reflect an actual and generally significant outlay of funds for an agency, they are included in the project costs where debt financing will likely be necessary due to the immediacy of the need for the facility or infrastructure to show the full costs of such facility or infrastructure and ensure that new development also pays its " fair share" of these costs.
These costs are indicated on the project " detail" schedules ( 3. 1, 4. 1, 5. 1, etc.).
Appropriate Expansion. Debt service is a reasonable construction cost for many, but not all, public facilities and infrastructure. The following example illustrates this. DIFs are collected in incremental amounts, but facilities are not expanded in those same incremental amounts. As an example, a community center fee, based upon a standard of 1. 2 square feet per Detached Dwelling, may be collected for each residential dwelling in the City, but after collecting the fee for a 100- unit subdivision, it would be impractical to expand the community center to 120 square feet. Fees are collected, and placed in a separate fund, generating interest until such a time that a 2, 000 to 3, 000- square-foot expansion is possible. During that build-up time, the community center will experience temporary overcrowding as the standard drops from 1. 2 S. F./ dwelling to about 0. 9 S. F./ dwelling. This " temporary overcapacity" may be an inconvenience, bringing about crowding and increased unavailability for rental or event reservation until enough DIFs have been collected for a practical expansion to bring the community center facility back up to the original standard.
In short, a development of 120 homes may be brought " online" ( occupancy approved) and temporarily reduce community center facility standards without endangering the citizens' health and safety.
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Chapter One Background and Introduction
However, such a " temporary overcapacity" in stormwater collection is not possible. Capacity for the collection/ removal of storm water must be available before the construction, which increases the parcel' s impervious surface ( and thus stormwater runoff). Ifthe focal storm collection line is currently at capacity ( peak or otherwise), no additional units may be brought online until additional collection capacity can be created. Again, there is a practical size of additional construction, and it is not likely practical for developers to wait until there is enough added demand ( and fees) to pay for the facility addition. As a result, financing through some type of debt instrument may be the only alternative. Circumstances vary from city to city as to what facility expansions are critical and which can absorb temporary overcapacity for limited periods of time.
Financing would only be included for facilities where, based on staff estimates, the immediacy of the need for the facility requires debt financing. In such cases, the debt service payments would be discounted to today' s cost to account for the diminishing value of the dollar and would be in keeping with the cost methodology used in this study to show projects in current costs. To consider the face value of bond payments when determining costs, on the other hand, would be inaccurate as it would treat the value of a dollar today the same as the value of a dollar twenty years from now. Such an approach would tend to overvalue the costs of debt service requirements and therefore cause an agency to overcharge on its development impact fees. Again, since the only projects identified as requiring debt service are replacement water and sewer projects, no project requiring debt service was included in the Master Facilities Plan.
REQUIRED PROPORTIONALITY TEST
A test for proportionality is important, if for no other reason than because it attempts to achieve community inter -generational equity, i. e., fairness in balancing the infrastructure investment made by existing residents and businesses with the investment asked of new residents and businesses that will benefit from the existing infrastructure. In short, previous generations of businesses and residents have contributed to the development of the City' s existing infrastructure, and future residents and businesses should recognize this fact by contributing a like ( but no more than) amount towards completing the various infrastructure systems.
Identifying the many public improvement projects needed through build -out is one thing. It is an entirely different thing to assume that all ofthe identified improvements are required to meet the demands of the new development. Clearly, some projects are replacements for the existing Infrastructure, while others are capacity -increasing projects. Within the category ofthe latter, they may also be further classified into two categories;
1. Projects dealing with existing deficiencies, i. e., projects required, regardless of whether there is additional development or not. An example would be a traffic intersection currently controlled by stop signs that meet traffic warrants for a traffic signal but is unfunded. An additional example would be the replacement of an existing but aged facility.
2. Projects that are required as a result of development. An example of this would be a signal that is currently controlled quite adequately by stop signs, but because of development in the near and " downstream" areas, will ultimately need to be signalized.
City of Highland 2022- 23 Development Impact Fee Calculation and Nexus Report Page 5 -26-
Chapter One Background and Introduction
All impact fee calculations claim to be fair. Most DIF calculations will identify the desired or needed capital projects ostensibly required as a result ofthe new development. Therefore, what is fair and equitable? Is it fair to require future residents and businesses in a city to construct, via payment of impact fees, a new Police Station when the current station is merely rented or leased space? On the other hand, if a community already has all of the parks they will need at build -out, are they precluded from imposing an impact fee to recoup some of the expenses incurred in constructing the maximum needed park improvements prior to the maximum demand? These are difficult questions that may be made clearer and easier by reviewing the following examples.
Comparison of Needed Infrastructure with Existing Infrastructure. The answer to these difficult questions may best be answered by comparing various infrastructure scenarios. This can be accomplished by looking closely at our friends in the planned community of Happy Valley' for a few scenarios to explain the three possible conditions that can occur regarding the agency' s current infrastructure and the demand on them. We will use the provision of fire protection, a service that most of us, as nonprofessional firefighters, can somewhat understand. These three " conditions" include the fire suppression system infrastructure construction:
1. is On -target,
2. has been Deficient, or;
3. has created Excess Service Capacity.
Adoption of a Standard - According to the National Fire Protection Association ( NFPA), a standard two -bay fire station ( estimated for purposes of this example to cost about $ 3, 000, 000) can meet the needs of 5, 000 homes or 10, 000, 000 square feet of business pad. If these standards were adopted as Happy Valley' s public safety element of the City' s General Plan, they would be known as the de jure or stated ( or desired) standard ( i. e., the standard the community would like to meet). The inductive impact fees ( or cost per proportional unit served) for this de jure standard would then be:
Table 1- 1
Calculation of N. F. P. A. Impact Cost
Land Use Station Cost Units Served Impact Fees
Residential Units 3, 000, 000 5, 000 600. 00 per home
Business S. F. 3, 000, 000 10, 000, 000 0. 30 per S. F.
Service Base - Happy Valley' s General Plan indicates that there will be 10, 000 residential units and about 20, 000, 000 square feet of commercial/ industrial space, creating a need for four stations at build -out. The station calculation is following:
City of Highland 2022- 23 Development Impact Fee Calculation and Nexus Report Page 6 -27-
Chapter One Background and Introduction
Table 1- 2
Determination of the Required Number of Stations
Number of
Units
Units Served by
One Station
Stations
Required
Residential Units 10, 000 5, 000 2 Stations
Business S. F. 20, 000, 000 10, 000, 000 2 Stations
Required Stations at General Plan Build -Out 4 Stations Infrastructure is " On -target" - The need for four stations appears simple, and the Happy Valley Council need only impose the impact fees identified in Table 1- 1. Currently, Happy Valley has 6, 250 residential units and 7, 500, 000 square feet of commercial/ industrial building pad and is half built -out" ( in terms of fire calls -for -service). The existing development in Happy Valley is Generating half of its ultimate ( General Plan build -out) fire calls -for -service. This is demonstrated in Table 1- 3 on the following page:
Table 1- 3
Development of Current Infrastructure is " On -Target"
Number
Of Units
Units Served by
One Station
Stations
Required
Residential Units 6, 250 5, 000 1. 25 Stations
Business S. F. 7, 500, 000 10, 000, 000 0.75 Stations
Total Number of Stations Required Currently 2. 00 Stations Conversely, Happy Valley has the remaining half of its fire demand ( in terms of calls -for -service) yet to come. Left to build are 3, 750 detached dwelling units and 12, 500, 000 square feet of business floor space, and when constructed, would generate the following capital needs identified in Table 1- 4 following:
Table 1- 4
Remaining Development and Station Requirements
Number of
Units
Units Served by
One Station
Stations
Required
Residential Units 3, 750 5, 000 0. 75 Stations
Business S. F. 12, 500, 000 10, 000, 000 1. 25 Stations of New Stations Required from Land to be Developed 2. 00 Stations City of Highland 2022- 23 Development Impact Fee Calculation and Nexus Report page 7 -28-
Chapter One Background and Introduction
Ifthe earlier calculated impact fees ($ 600 per residence and $ 0. 30 per square foot of business pad) were adopted and imposed, Happy Valley would collect ( by General Plan build -out) enough capital revenues to construct the remaining two stations and proportionality between existing and future residents and businesses would be evident. Table 1- 5, on the following page, demonstrates this:
Table 1- 5
Remaining DIF Collection
Number
Of Units
Impact
Fee
Amount
Collected
Residential Units 3, 750 600. 00 2,250, 000
Business S. F. 12, 500, 000 0. 30 3, 750, 000
Amount Collected in Impact Fees 6, 000, 000
Cost of One New Station 3, 000, 000
Stations to be Built with Impact Fees 2. 00
And everyone in the community of Happy Valley is adequately served by the four stations, having generally been financed fairly by the total community.
Infrastructure is in Deficient Condition - Consider, however, the implications if the current Happy Valley residents and businesses had shown the earlier limited commitment to contribute only enough financing to construct one station when, based upon their own adopted standards and level of development, they should have two stations. Clearly, three more stations would be needed on the path to General Plan " build -out." Initially, we can easily dismiss the possibility of requiring the remaining future home and business owners to finance all three remaining stations as completely inequitable. But would it be fair and equitable to charge new residents the $ 600 per home and new businesses the $ 0.30 per business square foot in order to build the remaining two stations required to meet the N. F. P. A. standards?
The simple and direct answer is no. The Happy Valley community has not ( with only one station constructed at half build -out) demonstrated their full and complete commitment to meeting the N.F. P.A. standards, and as a result, would not have a strong case to assert that others who build after them need to contribute towards the construction of multiple ( two) fire stations at a higher service rate by including the " missing" second station.
The service provided by the single existing station is the community' s de facto ( or " in fact") standard service level. With one station, the contributed equity to build the single station would be half of the impact fee proposed in Table 1- 1, or $ 300/ residential unit and $ 0. 15/ square foot of business space, respectively ( see Table 1- 6, on the following page).
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Chapter One Background and Introduction
Table 1- 6
Impact Fee at Deficient Condition
Number
Of Units
Existing
Contributions
Amount
Collected
Residential Units 3, 750 300. 00 1, 125, 000
Business S. F. 12, 500, 000 0. 15 1, 875, 000
Amount Contributed by Existing Community 3, 000, 000
Cost of One New Station 3, 000, 000
Stations built with Community Contributions 1. 00
If Happy Valley has only built one station at half General Plan build -out, we would be forced to conclude that the City is currently deficient by one station. If the future residents were asked to pay at a rate that would build two stations (the $600/$ 0. 30 rates), the City would have three stations at General Plan build -out, one financed and built by the first half of the community and two financed and built by the second half of the community. The first half of the community would, in effect, " inherit" one- half of a station at no cost to themselves. In short, Happy Valley would fail the proportionality test. The inequity would then be exacerbated when the community decides to build the final " missing" last station ( of four) from a City-wide assessment or from annual General Fund receipts, paid for by the entire community, including those who just paid for the two new stations via the adopted fire impact fees.
The only truly and completely equitable option is for the City to adopt impact fees at the 300/ residence and $ 0. 15/ square foot rates. Adoption of this fee would be referred to as the Community Financial Commitment or Equity -based Impact Fees. Admittedly, the City will go further into a deficit position in terms of the number of required stations, from being deficient by one station at half General Plan build -out to a deficiency of two stations at General Plan build -out, but the ratio ofdeficiency (or overallproportionality) would remain a constant 50% ofthe stations needed at either time. The community, if they are truly serious about meeting the NFPA recommended standard, would then need to assess the entire community to raise the needed money in some fashion for financing the remaining two stations either in the form of an assessment or dedication of general receipts of the City.
Infrastructure - " Excess- Capacity" - One final but important scenario remains and must be considered. In this scenario, the existing residents of Happy Valley were the industrious sort and at half General Plan build -out) had constructed three stations when they were at the point when they only needed two stations. Clearly, there is excess capacity in each of the three existing stations. In this case, the Happy Valley' s current defacto standard would be well above the de Jure or target standard. Statistically, each of the three stations would have 1/ 3 excess capacity ( for providing services) and should be busy only about two-thirds of the time. Should the impact fee be limited to the marginal $ 300 per residence and $ 0. 15 per business square foot required to construct the remaining station? If so, the future residents receive a gift of the extra ( third) station.
There will be tough decisions ahead to be made by the Happy Valley City Council.
Marginal or Recoupment Fee? The Happy Valley City Council should adopt, at a minimum, the 300/ residence and $ 0. 15/ square foot business space rates to ensure that the fourth station would City of Highland 2022- 23 Development Impact Fee Calculation and Nexus Report Page 9 -30-
Chapter One Background and Introduction
be built. This would be referred to as the marginal needs -based fee. This would be a benevolent gesture, giving the new residents a free ride at the cost of the ( already built and paid for) third station.
Or, in the alternative, the Council can recognize that the $ 3, 000, 000 used to build the third station was a loan from the existing community' s General Fund receipts and needs to be repaid by the future community receiving an instantaneous level of fire protection the day they receive their occupancy permits, through the imposition and collection of impact fees6. In this case, the 600/ residence and $ 0. 30/ square foot of business space impact fees should be adopted, imposed, and collected. The impact fee would accumulate $ 6,000,000 through build -out, with $3, 000,000 required to repay the General Fund in delayed revenue ( for Station # 3) and $ 3, 000, 000 necessary to construct the fourth station. This would be referred to as the fair share or recoupment- based at General Plan build -out fee. And more importantly, at General Plan build -out, long- term equity would be achieved as each home and business would have contributed the same $ 600 per residence and $ 0. 30 per square foot.
Exceptions to Proportionality Test. The previous discussion applies particularly well to aboveground or facility -based services such as public -use centers, pools, police and fire stations, civic centers, maintenance yards, or other fixed location and fixed capacity facilities that serve the entire population. However, it does not necessarily work well on ground level or below system infrastructure such as streets, utilities, and storm drainage, where the continuation of a deficient system into the future is not at all possible, and the lack of additions would ensure the complete inability to approve any further private construction without creating unsafe conditions to a specific area. As an example, if the agency' s storm drainage system is currently deficient and creates some period flooding but not necessarily in dangerous amounts, the agency may not be able to approve and allow any more future development unless the storm drainage run- off created by the new development, is properly collected and released at a river or flood control channel.
Additionally, a currently deficient water system, i. e., one with only the most minimal of distribution pipes, may not be able to serve any more future development without a substantial increase in the capacity ofthe water distribution system.
Specific Plan or Benefit to a Specific Area. An additional exception occurs when the need or benefit from a specific facility is generated by a finite or easily defined area, such as a specific plan or a new area of the agency that is significantly outside of the existing agency' s urban in -fill service area or the specific plan is primarily the sole beneficiary of the infrastructure to be constructed. An example may be a small area of the City, proposed for, say, 2, 000 homes, but separate from the rest of the City in such a way that, to meet the General Plan' s stated fire suppression standard level of service of a five minute response time, it requires a separate fire station but serving less than any of the other stations, which on average serve 5, 000 homes. There is little argument as to why the remaining residents and businesses should not need to finance that higher cost per home served. This is not uncommon in an area geographically separated from the major or urban part of the community. An example would be a small area separated by a river or up on a hillside, or in a canyon.
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Chapter One Background and Introduction
Density may also be a factor. Fire infrastructure system improvements to date may be spread over a more compact density ( say 6- 7 homes per acre) than the remaining development in town ( say 2- 3 homes per acre). The fire system infrastructure costs per home for the lesser density will most likely be far higher than the infrastructure costs required to serve the more compact but higher density.
Public Utilities. The treatment for municipal utilities is particularly clear in that the utility' s operating and capital funds do not receive any General Fund financial support and do not typically charge stand- by fees to vacant property. This means that the entire utility system has been supported only by what is called user fees ( payments by the utility' s customers). Or stated in another way, it is user -financed. In many cases, the utility may have significant extra capacity because most infrastructure cannot be expanded in small defined portions that exactly match the pace of new development ( e. g., water reservoirs are generally expanded on 1. 0- million- gallon portions, not 1, 000 gallons at a time). Should not this excess capacity be paid for by new users who connect to the system and who will benefit from the excess capacity constructed and identified?
A water distribution system may also have a significant distribution system capacity to reach homes and businesses in more outlying areas. RCS recently worked with a city where the existing water users, currently representing some 55% of the water use demand at General Plan build -out, had already constructed nearly 70% of the entire water system. The 15% difference amounted to just over $ 7. 0 million. Does this mean the excess capacity paid for by the existing users should be a gift to future users? Does the Government Code § 66000 et. seq. prevent this city from recouping the advanced costs invested by the current users that will be the direct benefit of future users? Simply stated, excess capacity can and should be identified wherever possible and recovered? • The excess capacity must be identified in terms ofthe " existing project segment," and how it will benefit the future users must be identified. Any recoupment must be placed back in the fund that financed the excess capacity, in this case, the Water Fund.
Such equity is the attempt of this Report. Excess capacity is often difficult to identify and even more difficult to convince others of. The City is probably much like Happy Valley, with excess or overcapacity in some areas of infrastructure and perhaps slightly deficient$ in others, as you will see in the remainder of the Report
OTHER ISSUES
Some building industry members have claimed that the addition of impact fees unfairly creates an inflated resale price for existing homes. The argument is that ifthe public agency adopts a $ 15, 000 to $ 20, 000 impact fee per Detached Dwelling home, the price for an existing home is " artificially" increased by the same amount. We will use the example of a Detached Dwelling detached home that cost the developer $ 200, 000 to construct and complete to a point that the occupancy permit is approved.
Full Cost of a Residential Dwelling. The $200, 000 represents only the above -ground costs. A new home' s true and actual cost is the cost of acquiring the parcel, necessary government approvals City of Highland 2022-23 Development Impact Fee Calculation and Nexus Report Page 11 -32-
Chapter One Background and Introduction
and permits, construction supplies, labor, debt service on the above, on- site9 public improvements, and the hidden cost of extending public serviced ° to that home! These public service extension costs include ( but are not limited to):
The addition of law enforcement personnel requiring the expansion of the police station space and miscellaneous emergency response vehicles.
Additional fire stations and emergency fire, rescue, and paramedic response vehicles.
Arterials and collector road widening, additional signalization, and bridges.
Additional capacity in downstream storm drainage pipes and outfalls. 0 Additions to water delivery capability, including source, treatment, storage, and delivery.
Additions to the sewage capability, including collection, treatment, and disposal.
Additions to the maintenance capabilities ( i. e., municipal corporation yard and maintenance vehicles) necessary to maintain the above -added infrastructure.
Additional parks, libraries, and public meeting spaces for recreational/ social purposes.
Thus, while the cost of constructing the above -ground portion of a Detached Dwelling home may be $ 200,000, the " downstream" costs identified above may be in the area of $15, 000 to $ 20,000 per Detached Dwelling home or in the area of 7. 5% to 10. 0% of the above ground cost.
If this argument is unclear, picture a 2, 800 square -foot home, costing approximately $ 200, 000 to construct the above -ground structure, located in the middle of an empty square mile, with no roads, utility service, public safety response, flood control, and recreational facilities. What is the market value ofthis home? Probably not even the $200, 000 that it cost to construct the structure. Suddenly, the $ 20, 000 impact fee for all the infrastructure needed to support that one home seems like a reasonable choice, assuming one can find a public agency capable of providing infrastructure support to the newly developed residential dwelling.
The true and complete cost of a new detached dwelling is the cost of building the structure and the cost of extending the municipal services to the dwelling, regardless of who pays for the actual costs of extending those services. To some degree, these service -related infrastructure costs have been recognized. The only question remaining is who should pay for them.
Effect on Market Price. Again, let us assume that a cumulative (i. e., all infrastructure provided by a city) $ 20, 000 impact fee imposed upon new Detached Dwelling home construction increases the market price of an existing detached dwelling. Wouldn't this just be the recognition that the existing detached dwelling already has those physical links to the municipal services? A slightly different way of looking at this argument is that the existing family homes each have a " share" in a municipal corporation", and the share is valued at the cost ofthe connection to the various municipal utilities, City of Highland 2022- 23 Development Impact Fee Calculation and Nexus Report Page 12 -33-
Chapter One Background and Introduction
transportation systems, flood protection, and public safety. It is a logical step to require any newly constructed home to purchase a " share" at an equal cost.
CHAPTER ORGANIZATION
Within each infrastructure Chapter, there will be a minimum of three and a maximum of four cost/fee tables. They will be:
The first schedule, the Allocation ofProject Cost Estimates, identifies the project, its costs, and the relationship, in a percentage, to development.
Marginal Needs" - based Impact Fee - This schedule will identify the impact fees that would need to be adopted to meet the basic capital needs identified in the Report ( on the first schedule at the end of the Chapter, i. e., 3. 2, 4.2, 5. 2, etc.) for that infrastructure.
With the adoption of this level of impact fees, one could claim that new development is occurring without any additional cost to the existing residents and businesses. You could not, however, claim that new development is paying its fair share. "
CHAPTER ENDNOTES
1 The firm had been previously known as Management Services Institute, but the same partners as Revenue & Cost Specialists, L. L. C.
Z For greater detail of each project, refer to the City' s Master Facilities Plan. 3 Examples using other infrastructure will be used from time to time in this report, though limited to Fire Suppression Facilities, Vehicles and Equipment.
4 " Happy Valley" has been used as an imaginary community for purposes of DIF example for about nine years. Clearly, no insult is intended to any real or imagined community of Happy Valley. It is also a Happy Valley because there is no inflation, and the value of a dollar remains nominal.
5 Actually, the permitted structure receives fire protection services as it is being constructed. 6 This example assumes that each of the existing three stations is debt -free and owned out -right. 7 This action would be more supportable with a recent appraisal ofthe existing utility assets.
City of Highland 2022- 23 Development Impact Fee Calculation and Nexus Report Page 13 -34-
Chapter One Background and Introduction
s This action would be more supportable with a recent appraisal of the existing utility assets. 9 On -site improvements include local streets and medians, curbs and sidewalks, sewer lines, water lines, street lights, storm gutter or drainage pipes, electrical power lines and all of the other requirements ofthe City' s building requirements on the privately held property, hence the " on -site" reference. " Off -site" improvements are increased capacity needs that occur " downstream" from the private property. The on -site public improvements generally become a city asset upon acceptance ofthe on -site public improvements made by the developer while the property upon which the on -site improvements are still privately owned. 10 The City of Highland does not necessarily provide all ofthese services. They are only highlighted to make a point about the types of municipal services typically required to support a residential dwelling. 11 The City of Highland does not necessarily provide all ofthese services. They are only highlighted to make a point about the types of municipal services typically required to support a residential dwelling.
City of Highland 2022- 23 Development Impact Fee Calculation and Nexus Report Page 14 -35-
Chapter 2
Demographics and Findings
This Chapter provides an inventory of developed and undeveloped land within the City and presents a summary of recommended DIFs detailed in the following chapters ofthis Report. The City still possesses a few sizeable areas of vacant land zoned for residential, commercial lodging, commercial and industrial uses.
LAND USE ASSUMPTIONS
This Report contains an inventory of developed and undeveloped land within the City limits of Highland. The undeveloped land use inventory forms the base for the distribution ofthe estimated costs of impacts from new development. The developed land inventory forms the base for distributing the cost ofthe existing infrastructure for comparison and for the defacto identification of the existing levels of service ( LOS) provided by those existing infrastructures.
Table 2- 1 below provides an inventory of all private land uses contained within the current City limits. The acreage amounts indicated on Table 2- 2, are based on the General Plan' s land use inventory and a staff analysis of privately held parcels. I Table 2- 1
Detailed Land Use Inventory
Total - Land -use
Total General Plan
Existing Development Potential Development Build -out
Database Acres I # of Units Acres I # of Units Acres T # of Units Detached Dwelling Units
Attached Dwelling Units
Mobile Homes Dwelling Units
Commercial Lodging Units
Retail/ Service/ Office Uses ( KSF)
Industrial Uses ( KSF)
4, 371. 00 12, 866
360. 00 3, 024
91. 00 955
4. 00 130
466. 00 7, 105
82. 00 1, 072
285. 50 1, 426
100. 00 1, 592
1. 00 9
12. 00 180
65. 00 991
72. 00 940
4, 656. 50 14, 292
460. 00 4, 616
92. 00 964
16. 00 310
531. 00 8, 096
154. 00 2, 012
Total - Land -use Database
5, 374. 00 25, 152 535. 50 5, 138 5, 909. 50 30, 290. 00 Miscellaneous Dwelling Units
Commercial Lodging Rooms
Business Square Feet
4, 822. 00 16, 845
4. 00 130
548. 00 8, 177
386. 50 3, 027
12. 00 180
137. 00 1, 931
5, 208. 50 19, 872
16. 00 310
685. 00 10, 108