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Agenda, regular meeting, second session

Highland City Council
October 10, 2023

Document
Agenda, regular meeting, second session
Meeting
October 10, 2023
Body
Highland City Council
Pages
192
Original file
813.3 MB
Text extracted from the city's file for reading and search. Open the original on highlandca.api.civicclerk.com. That file is the official record.

CITY OF HIGHLAND

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
October 10, 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. cityofhiQhland. org
CITY OF HIGHLAND • 27215 BASE LINE - HIGHLAND, CALIFORNIA 92346 - ( 909) 864- 6861 W • ( 909) 862- 3180 8 -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 October 10, 2023, to the City Clerk at publiccomment( aD_cityofhighland. org. If you are submitting a public comment pertaining to an item on the October 10, 2023 agenda, please identify the agenda item number in the subject line.

For those wishing to make a public comment regarding public hearing items ( Nos. 16 & 17), 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 to publiccomment(d_)cityofhighland. org. All
email comments shall be subject tothe same rules as would otherwise govern speaker comments atthe Council meeting. Members ofthe public will be permitted to make public comments inperson. CITY

COUNCIL REGULAR MEETING OCTOBER
10, 2023 - 6:00 P.M. AGENDA
CALL

TO ORDER INVOCATION
PLEDGE

OF ALLEGIANCE ROLL

CALL REPORT

FROM CLOSED SESSION SPECIAL
PRESENTATIONS 10.

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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 October 10, 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 — September 12 2023 City Council Regular Meeting RECOMMENDATION: Approve the Minutes as submitted.

3. Warrant Register
RECOMMENDATION: Approve Warrant Register No. 758 for October 10, 2023, in the amount of $3, 297, 175. 13 and Payroll of $241, 962. 10.

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

5. Claim Consideration - Anna Cabrera
RECOMMENDATION: George Hills Company recommends the City Council reject the claim.

6. Claim Consideration - Jordan Nicole Lovato
RECOMMENDATION: George Hills Company recommends the City Council reject the claim.

7. Claim Consideration - Moises Vasquez
RECOMMENDATION: George Hills Company recommends the City Council reject the claim.

8. Records Destruction Authorization
RECOMMENDATION: That the City Council approve the destruction of certain records.

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9. KOA Contract Amendment for Professional Services - Highland/ Redlands Regional Connector Protect ( Protect No. str15002)
RECOMMENDATION: That the City Council approve a contract amendment to the Professional Services Agreement with KOA Corporation ( KOA) to extend the term of the contract until the Highland/ Redlands Regional Connector Project Phase 2) is completed.

10. Notice of Completion - Bid No 2022- 05 " Pacific Street Pavement Rehabilitation from Victoria Avenue to Church Avenue" ( Protect No. str20002a) RECOMMENDATION: That the City Council:
1) Accept Bid No. 2022- 05, " Pacific Street Pavement Rehabilitation from Victoria Avenue to Church Avenue" ( Project No. str20002a) as complete; 2) Authorize the Mayor to sign the Notice of Completion; and 3) Direct the City Clerk to file the Notice of Completion.

11. Contract Renewal - 2022- 06 Highland HVAC Systems Maintenance Monitoring, and Repair Contract
RECOMMENDATION: That the City Council approve extension of the HVAC Systems Maintenance, Monitoring, and Repair Contract with F. M. Thomas Air Conditioning, Inc. for one year.

12. Easement Acceptance Manoutchehr and Kamyar Khorshidi for "Victoria Square" Commercial/ Retail Project ( Southeast Corner of Victoria Avenue & Pacific Street) RECOMMENDATION: That the City Council:
1) Accept the Grant of Easement for Road and Drainage purposes from Manoutchehr and Kamyar Khorshidi; and
2) Direct the City Clerk to record the Grant of Easement.

13. Selection of an Event Date and Budget for the 26th Annual Citrus Harvest Festival RECOMMENDATION: That the City Council:
1) Select March 30, 2024, as the event date for the Citrus Harvest Festival with a rain date of April 6, 2024; and
2) Adopt the budget.

14. Conduct a Second Reading of Ordinance No. 461 an Ordinance Adding a New Chapter 3.36 " Development Impact Fees" to Title 3 ( Revenue and Finance) of the Highland Municipal Code Codifying Updating and Amending the City' s Comprehensive System of Development Impact Fees Superseding Ordinance Nos 309 and 422 and Making Determinations Under the CEQA RECOMMENDATION: That the City Council conduct a second reading, read by title only, and waiving further reading of an ordinance codifying, updating, and amending the city' s
comprehensive system of development impact fees,
superseding Ordinance Nos. 309 and 422, and making determinations under CEQA.

15. Declare Two ( 2) Seats Vacant on the Community Trails Committee RECOMMENDATION: That the City Council:
1) Declare two (2) seats vacant on the Community Trails Committee; and 2) Direct the City Clerk to advertise the vacancies on the Community Trails Committee.

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CITY COUNCIL PUBLIC HEARING
The order of business for Public Hearings shall be1 ) 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 public hearing items ( Nos. 16 & 17), 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( aD-cityofhighland. org.

The City Clerk shall read all email comments provided that the reading shall not exceed three ( 3) minutes because this is the time limit for speakers at a Council Meeting.

16. Design Review Application (DRA 23-002) for the Development of a 220- Unit, Multi - Family Apartment Complex with Eleven ( 11) Affordable Units; a Conditions, Covenants and Restrictions --Density Bonus and Inclusionary Housing Agreement to Demonstrate Compliance with Highland Municipal Code Chapters 16.40 Development Density and 16. 50 Inclusionary Housing; Lot Line Adjustment ( LLA 23-003) to Relocate the Existing Parcel Boundaries and Create Separate Parcels for a Multi -Phase Development; Variance (VAR 23-003) to Construct a Perimeter Fence/ Wall 29% Taller than the Maximum Height Permitted for Residential Proiects; and the Adoption of a Mitigation Negative Declaration (ENV 23- 005) and Associated Mitigation Monitoring and Reporting Program on Three ( 3) Vacant Parcels Totaling 6. 77 Acres in Area Located on the West Side of Sterling Avenue, 250 Feet North of 9th Street Assessor Parcel Numbers: 0278- 131- 45, 46, & -47 RECOMMENDATION: The Planning Commission recommends that the City Council:
1) Adopt Resolution No. 2023- adopting a Mitigated Negative Declaration ( ENV 23- 005) and associated Mitigation Monitoring and Reporting Program, and direct staff to file a Notice of Determination with the County Clerk of the Board;
2) Adopt Resolution No. 2023- approving " Conditions, Covenants and Restrictions -- Density Bonus and Inclusionary Housing Agreement" to facilitate the development of a 220- unit multi -family housing project utilizing Density Bonus provisions and establishing the Inclusionary Housing Unit requirements for the project;

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3) Adopt Resolution No. 2023- approving Design Review
Application ( DRA 23-002) for the site plan, landscape plan, grading plan, photometric plan, and building elevations related to the construction of a 220- unit, 4- story apartment complex, subject to the Conditions of Approval and Findings of Fact;
4) Adopt Resolution No. 2023- approving Lot Line Adjustment (LLA 23-003) to relocate the existing parcel boundaries and create separate parcels for a multi -phase development; subject to the Conditions of Approval and Findings of Fact; and
5) Adopt Resolution No. 2023- approving Variance ( VAR 23- 003) to allow an increase in the maximum height for the perimeter fence/wall from 6 feet to 7. 75 feet, 29% greater than the maximum height permitted for residential projects, subject to the Findings of Fact.

17. Greenspot Village & Marketplace Specific Plan Revision ( SPR 23- 001) Proposing an Amendment to Increase the Maximum Dwelling Unit Count from 946 to 1, 218 Dwelling Units Design Review Application ( DRA 23- 009) Proposing the Construction of a CEQA Finding of Exemption for a Project Located Within Planning Area 3 of the Greenspot Village & Marketplace Specific Plan Located West of the Intersection of Boulder Avenue and Webster Street, Assessor Parcel Numbers: 1201- 351- 28 1201- 351- 14, 1201- 351- 15, 1201- 351- 16 RECOMMENDATION: The Planning Commission recommends that the City Council:
1) Make a finding under Public Resources Code Section 21166 and the corresponding CEQA Guidelines Section 15162 that there are no substantial changes or new information of substantial importance that would trigger the preparation of a subsequent EIR and further finding that the project is exempt from further environmental review under Government Code Section 65457;
2) Introduce and conduct first reading of Ordinance No. to amend the Greenspot Village & Marketplace Specific Plan ( SPR 23- 001); and 3) Adopt Resolution No. 2023- to approve Design Review
Application ( DRA 23- 009), subject to the Conditions of Approval and Findings of Fact.

CITY COUNCIL LEGISLATIVE

18. Contract Award - Bid No 2023- 05 " Highland City Hall Roof Top Coat and Coping for Existing Polyurethane Roof System"
RECOMMENDATION: That the City Council:
1) Award the base bid contract to the responsive lowest bidder, Angelus Waterproofing & Restoration, Inc. in the amount of $207, 075. 00 for Bid No. 2023- 05, " Highland City Hall Roof Top Coat and Coping for Existing Polyurethane Roof System"; and
2) Approve a budget adjustment for FY 2023- 2024 to transfer $ 67, 075 from 007- 2100 ( DIF Fund balance) to be expended from 007- 8330- 6030 Building).

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19. Purchase of Command Post Vehicle Through Sourcewell RECOMMENDATION: That the City Council:
1) Approve the purchase of a new Command Post Vehicle for $ 100, 258. 98 through Sourcewell, a cooperative purchasing program; and 2) Authorize staff to auction the former Command Post Vehicle.

20. Consideration of Proposals for the City's Tow Rotation List Program Beginning January 1 2024 and Ending December 31, 2025
RECOMMENDATION: That the City Council:
1) Review the Proposals from the Tow Operators/ Companies; 2) Award Agreements to participate in the City' s Tow Rotation Program; and 3) Authorize the Mayor to execute the necessary agreements.

21. Appoint One ( 1) Member of the Public to the Community Trails Committee RECOMMENDATION: That the City Council appoint one ( 1) member of the public to the Community Trails Committee.

22. Appoint One ( 1) Member of the Public to the Planning Commission RECOMMENDATION: That the City Council appoint one ( 1) member of the public to the Planning Commission.

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

24. 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
November 14; December 12

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I, Alondra Munoz, Deputy City Clerk, certify I caused to be posted this Agenda on or before October 5, 2023, by 5: 30 p. m., on our website at www. citvofhighland. 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: October 5, 2023
Alondra Munoz
Deputy City Clerk

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STAFF REPORT

TO THE CITY COUNCIL
DATE: October 10, 2023
FROM: Joseph A. Hughes, City Manager
REVIEWED BY: Betty Hughes, MMC, City Clerk
PREPARED BY: Alondra Munoz, Deputy City Clerk
SUBJECT: Waive the Reading of All Ordinances
RECOMMENDATION: Waive the reading of all Ordinances in their entirety and read by title only.

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

File No.

City Clerk City Manager
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STAFF REPORT

TO THE CITY COUNCIL
DATE: October 10, 2023
FROM: Joseph A. Hughes, City Manager
REVIEWED BY: Betty Hughes, MMC, City Clerk
PREPARED BY: Alondra Munoz, Deputy City Clerk
SUBJECT: Minutes — September 12, 2023 Regular Meeting
RECOMMENDATION: Approve the minutes as submitted.

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

File No.

City Clerk City
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MINUTES

CITY COUNCIL REGULAR MEETING
SEPTEMBER 12, 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 Tyler Perry, Immanuel Baptist Church, and the Pledge of Allegiance was led by Mayor McCallon.

ROLL CALL

Present: Chavez -Cordova, Lilburn, McCallon, Solano, Timmer

Absent: None

REPORT FROM CLOSED SESSION
None

SPECIAL PRESENTATIONS
Battalion Chief, Liz Brown, introduced Dr. Brian C. Strain as the Emergency Medical Doctor at Loma Linda Hospital.

PUBLIC COMMENT ( ITEMS NOT ON THE AGENDA)
Andi LeGro spoke representing the Village Lakes neighborhood with a request to place " Keep Clear" striping within the entrance to their neighborhood off of Greenspot Road.

Daniel Jivanjee spoke regarding concerns with the existing truck routes.

Jane Bouch representing the Highland Chamber of Commerce, spoke about the upcoming 3rd Annual Highland Chamber Run on October 7, 2023.

CITY COUNCIL CONSENT CALENDAR
A MOTION was made by Mayor Pro Tern Lilburn, seconded by Council Member Solano, to approve the consent calendar as submitted. Motion carried on a roll call vote, 5- 0.

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

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2. Minutes - August 8, 2023 City Council Regular Meeting Approved the Minutes as submitted.

3. Warrant Register
Approved 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
Received and filed Treasurer's Report for July 2023.

5. Year- end Budget Adjustments for Fiscal Year 2022/ 2023 Approved the year-end budget adjustments for fiscal year 2022/2023.

6. Claim Consideration - Luis Carreto
Rejected claim.

7. The Coalition for Clean Air Requests the City to Participate in the 2023 California Clean Air Day on October 4, 2023
Adopted Resolution No. 2023- 039 to support and participate in the 2023 California Clean Air Day on October 4, 2023.

RESOLUTION NO. 2023- 039

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO, CALIFORNIA DECLARING OCTOBER 4, 2023 AS CLEAN AIR DAY

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 ( Project No. str18001)
1) Approved 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) Authorized the Mayor to sign the Amendment.

9. Aareement Between the Citv and the Countv Regardinq Use of the Local Allocation of Opioid Settlement Funds re: Allergan, CVS, Teva, Walgreens, and Walmart Authorized 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.

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CITY COUNCIL CONTINUED PUBLIC HEARING

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
Mayor McCallon opened the continued public hearing regarding Development Impact Fees ( DIF).

Director of Public Works/ City Engineer Zamano presented the item. He presented background information into the item and stated that the city from 2006 to 2021 has done annual updates to the DIF to reflect the prevailing construction cost of improvements to ensure the city is collecting enough fees. It has been routinely done for the past 17 years, but in a Work Program item by the City Council back in 2021/ 2022, staff was directed to go back and do another comprehensive DIF update. The city has completed the comprehensive DIF update, and in June, presented some of those findings to the Finance/ Personnel Subcommittee. The subcommittee was on board with the information the city had collected. On July 26, staff uploaded the comprehensive DIF update and the Master Facilities Plan to the city' s website and provided it to builders. The builders were notified of the uploaded documents so they could review and provide feedback.

Since then, feedback was received relative to the uploaded reports and changes were made. The most significant changes were made to Chapter 10 of the report pertaining to the Park Land and Facility section. The changes were made because of the way the city was calculating the fees. The city found that it was necessary to include the proper acreage of the existing parks to make sure the correct ratio was calculated. Changes were made and the revised report was uploaded following the completion of the staff report.

Staff was directed to page six of the staff report. Director of Public Works/ City Engineer Zamano stated on page six on the top, it listed the existing 2021 DIF fees. Those fees have been in place since April of 2021. The information below the page is information determined from the recent comprehensive DIF update.

There are two categories for the various land uses that the report has identified.

One category is subdivided for large residential type of development and then there is another category for non -subdivided categories which are non -major projects. In summary, the fees shown are based on the different land uses. The city wanted to look at a comparison, to see what the fees would have looked like had the city continued to do the annual updates to the DIF based on cost -of -living increases. The information below is what would have been the fees had we done

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that for 2022 and 2023. The analysis took into consideration the period from July 1, 2021, through the end of June 2022. The California Construction Cost Index CCI) was used for the adjustments. The adjustments identified for the first year 2021- 2022 was 14. 67%. The 2021 fees were re -calculated or adjusted based on that 14. 67% increase. For 2023, the adjustment was 4. 91 %, just under 5%.

Based on annual increases, fees imposed on the developers would have been higher. Based on the most recent comprehensive report, the fees are less. What attributed to this change was two primary factors. First, when the city did the comprehensive update back in 2006, the city eliminated in the report projects that had already been completed. Secondly, the city also removed projects that it knew were not going to move forward because of a change in conditions that the city had for ultimate built out. Both of those factors were taken into consideration, and now the city is going to collect what is necessary for developers to pay their fair share of the cost. At the end of the day, this is primarily the purpose of this report, to collect the necessary fees that development is imposing on our existing infrastructure and to ensure that the city has adequate funds for that.

In conclusion, the payment for DIF fees, the city is keeping with what the City Council has been doing in the past, which is allowing developers to lock in their fees at the time that they submit a permit application. Payment of fees is required until the Certificate of Occupancy is established. That term is still applied through the information that is in the staff report. Comments on this term were received and those comments are included in the public comment section of the staff report.

Staff responded to all the comments. One of the comments is from a developer who is here, Ed Horowitz from TREH Partners ( TREH). They are requesting the City Council lock in their fees at the current 2021 fee rates. Gregory Brown from Revenue and Costs Services is in the audience as well, representing the firm who assisted in the drafting of this report. We are available for comments or questions on the report.

Mayor McCallon stated, in reading the staff report, the new fees would take effect November 2023.

Public Works Director/ City Engineer Zamano stated that was correct.

Mayor McCallon asked if the developer wanted to lock in the fees on the old rate, would they have until that time frame to do that?
Public Works Director/ City Engineer Zamano stated yes.

Mayor Pro Tern Lilburn asked if the city had a separate category for accessory dwelling units ( ADUs), or do they fall under the attached or detached dwelling categories?

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Public Works Director/ City Engineer Zamano stated the ADUs fall under the structure of non -subdivided. There is a schedule that establishes how much the ADUs would have to pay.

Mayor Pro Tern Lilburn added she thinks they are making a substantial impact on the communities and they need to pay their fair share.

City Manager Hughes added there is a state law that prohibits the city from charging for ADUs under a certain square footage. The city cannot charge DIF fees for ADUs under 750 square feet, once it is over 750 square feet the DIF fees do apply.

City Attorney Marroquin added, the fees would apply at a proportional rate. That is included in the new ordinance. Another change that happened this round is the city is codifying prior ordinances. They will be added to the municipal code, spelling out an exception to the DIF rule, specifically for ADUs based on what is dictated by state law. To the extent that the city can collect, the city will collect, but it is limited by what state law allows.

Mayor Pro Tern Lilburn stated for the record, at some point it needs to be argued because the city is being impacted with traffic, streets, and schools. It does not matter the square footage, they are being packed in, and it should be given a hard look.

Mayor McCallon asked for any comments or questions.

Council Member Timmer followed up on Mayor Pro Tern Lilburn' s comments. The square footage restrictions " lights up his fire" and assumes Mayor Pro Tern Lilburn' s as well. He stated Mayor Pro Tern Lilburn is correct that the smaller units create a greater need for services than the larger units. State laws are where the cities do not have much of a choice. The second question is about A13602, it talks about square footage categories versus the dwelling units. The city chose to go with the dwelling units because the instructions or the legislation were not very clear on how to calculate the square footage issue. Most of the time, state law has no idea what they are doing, they give you a process, but they do not tell you how to do it or give you sideboards of what is going on. He stated he wanted to make sure City Council is comfortable the calculations in the report and that the city will not be challenged by the state because of AB602.

Public Works Director/ City Engineer Zamano stated he does believe the report and attachments outline the proper justifications.

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Council Member Timmer stated he wanted to assure that the city addressed both mechanisms and the one the city chose was because it made more sense. The Finance/ Personnel Subcommittee works diligently to look at how to maintain the lowest increases or decreases. Many projects were removed from the list that were completed, even though under previous state law, you do not have to remove them, but the city purposely removed projects bringing the cost of the overall increases or decreases down. The Finance/ Personnel Subcommittee was sympathetic to the plight of how this impacts development.

Mayor McCallon asked if there were any additional comments or questions? He mentioned there was one speaker slip from Edward Horowitz ( Ed).

Ed introduced himself representing TREH Partners. He stated he wanted to provide a brief history of the project. The project is located on the northeast corner of Greenspot Road and SR- 210 freeway, 21 Y2 acres. In 2009, TREH finished the Lowes Center and retail project across the street. Within the same time frame, TREH installed all the traffic signals and road work to Greenspot Road to facilitate the Golden Triangle's continuing development. At the time, around 2010/2011, several meetings were held with the city, asking TREH to consider signing an exclusive negotiating agreement, given the previous developer was unable to get the deal done. That is when there was a Target, and a bunch of retail and other things going on. TREH entered into an exclusive negotiating agreement in the 2009/ 2010- time frame. At that time, around 2011, we were told one of our biggest concerns from across the street was the San Bernardino Kangaroo Rat ( SBKR).

We were told the property of 20 acres was not inhabited by SBKR, the city made the right decision because the Environmental Impact Report ( EIR) reflected that.

In 2011/ 2012, one of the additional items that affected the time of the project was its location within a floodplain. It was never reflected initially, and TREH is not putting any blame, other than it was our due diligence, but it was relayed to us if we could come in and get the Golden Triangle kicked off. Everybody remembers there was previous development trying to happen in that time frame and nothing kicked off. TREH had finished the load.

Within the 2013/ 2014- time frame, TREH did its due diligence and found out that in fact, the property was in a flood plain. Two and a half years were spent negotiating with the Federal Emergency Management Agency ( FEMA). All our costs, hours, times and resources were at risk because we had not been in contract but wanted to continue moving forward. TREH was able to process the property through FEMA two and a half years later, got it out of the floodplain through engineering and design. Around the 2014- time frame, TREH wanted to finalize the FEMA map revisions. FEMA required TREH to do an updated environmental. So much for the EIR, and so much for all the effort at the end of the day because it was inhabited by SBKR. It required significantly more time, dollars, energy, and testing.

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Almost, four and a half years, from 2014 to 2018, when they got the testing back, FEMA held contingent that TREH needed to get the trappings done. Long story short, around 2015- 2017, the original EIR was revised to reflect the SBKR. TREH went into a negotiating contract with San Bernardino County Flood Control SBCFCD) because the property was owned by the County of San Bernardino.

TREH was able to negotiate a contract with the county. The city was part and partial to that agreement, it was enacted and approved by the city. One more interesting thing happened around 2017/2018, the state and its wisdom decided to add SBKR to the endangered species list, which had not previously been the case.

After investing effort, time and energy, the state adds it to the list. TREH recognized they were dealing with the state at this point.

Fast forward to 2020/ 2021, TREH was approved for all 21 acres. Entitled retail on approximately 12 Y2 acres and residential multi -family on about eight acres. A tremendous number of amenities with a huge demand and the value added to bring mixed -use and residential into the city. TREH has permits for construction for all the retail. Should we have processed the permits for residential construction, it would not have required me to be up here tonight. TREH until today, is still in negotiations with the state. TREH has their deal cut with the federal government for the SBKR, TREH has to purchase four and a half acres at about $275, 000 an acre for the right to be able to develop the property and the state has come back and wanted 21 acres. The federal government wants four and a half, the state wants 21 acres. TREH was successful in getting some headway with the state.

After two trips to Sacramento and a couple of meetings with the director, TREH thinks it' s close to getting a deal done but the DIF fees are coming in. Given the time frame and those circumstances, which are primarily the SBKR added to the endangered species list and the FEMA floodplain issue. TREH is not complaining or crying, it is part of what a development deal is. You put a lot of money and time at risk, and it should work out, if it does, great, you are very happy campers.

With that said, TREH is asking the City Council to consider that the DIF fees for 2021 hold, while TREH can now start to process plans for residential because there is no issue on the 12 % acres of retail. The residential plans can take up to five months, with potential comments coming from Planning Commission and City Council. A physical submittal might not be possible without the state' s acknowledgement of a deal. With that said, TREH is asking the City Council to consider the request. If there are any questions, I can answer.

Mayor McCallon asked if there were any questions for Ed? Mayor Pro Tern Lilburn stated she was disgusted at the $ 275, 000 per acre mitigation fee.

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Ed responded it is unbelievable. In addition, the monitoring must continue with backpacks and night vision to track the SBKR during a period. Backpacks need to be placed to track where they are and what they are doing on a two -and -a -half - ounce kangaroo rat so that the state has all the information they need. It is beyond belief.

Mayor Pro Tem Lilburn stated it is amazing what the state can do when they want to do something and throw dwellings up wherever they want to, for whomever and not raise an issue on any endangered species.

Ed added, developers are encouraged by the state senator and state representative Pete Aguilar to get the housing up in their districts, and it is difficult.

TREH appreciates the City Council' s consideration and time tonight.

Mayor McCallon stated it is a continued public hearing item. There are no more speaker slips, is there anyone in the audience who wishes to speak either for or against the item?
Seeing there were none, Mayor McCallon closed the continued public hearing and brought it back to City Council for discussion and action.

Council Member Timmer stated City Council has been working on this item for a period of time and it has been discussed at subcommittee levels and would like to make the motion to move the item forward. The request from TREH Partners is reasonable and would like to have their request included as part of their ongoing agreements with the city.

Council Member Solano seconded the motion.

City Manager Hughes stated he is not sure if legally the city can pull one developer and give them a fee over all the other developers in the community. Every development develops a risk, while TREH' s plight is understandable, the city should not single out one developer and hold the fee to just one group and then apply an increased fee to all other developers in the community. It does not seem appropriate; City Council can extend the time out for all development and seek to have this go into effect in January, February, or March and make it apply to everybody. That is fair practice as it applies to all, and not one group' s fee would be kept down while raised for everybody else.

Council Member Timmer stated there was discussion in the staff report that some developers had a concern about this, and it was explained to them that there would be no changes for them. What is the difference we are talking about there? Public Works Director/ City Engineer Zamano clarified the difference is that they did submit and were further along in the process. The applications were submitted, so they complied with that part of the requirement.

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City Manager Hughes suggested another option City Council could consider is making the grading permit the trigger point instead of a building permit. City Council can opt for something like that, but make it equal to everyone.

Council Member Timmer stated he will exclude that part right now and ask staff to come back, maybe the following meeting or how would this issue be addressed? He questions if there was a 60-day implementation date for this? City Attorney Marroquin stated there was a 60-day implementation. Changes would have to be made if the resolution was adopted right now. The ordinance, which is going to be codified, includes the provision regarding the building permit locking in the fee, it could be revised to reflect language that would push it out, or alternatively it can state that by resolution a period of six months, the provision will be based on a grading permit or something along those lines.

Council Member Timmer expressed his concern with having an open- ended cut off date. It would encourage the developer to move forward and get things done.

He questioned why that part is being codified?
City Attorney Marroquin stated the city does not need to codify. It can be pulled out and done through a resolution.

Council Member Timmer replied that was not a discretionary action taken by City Council.

City Attorney Marroquin stated that is correct. The reason everything was placed in an ordinance was because it would be developer friendly, the developer could pull the information from the city's website and know the development impact fees and the definition, that was the concept of it. The building permit section does not have to be codified, it could be adopted by resolution, and I can make the edits if you give me two minutes if that is the City Council' s direction.

Mayor McCallon asked if this meeting can be continued?
City Attorney Marroquin stated it can be an option.

Mayor McCallon asked if that would be advantageous?
City Attorney stated City Council can take a five- minute recess, she can make the changes now, or City Council can continue it.

Mayor McCallon suggested this should be continued to the next meeting unless it is time sensitive.

City Manager Hughes stated it is not time sensitive, the city is just trying to get the directive from the City Council to get this accomplished.

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Council Member Timmer stated he would like to move towards an action tonight.

City Manager Hughes replied it can be done two different ways or both options can be taken into consideration. The trigger point can be a grading permit rather than a building permit, as a grading permit is usually the first thing that is done. Or it can be extended to six months instead of having it go into effect November 2023. The ordinance could go into effect April 1, 2024.

Mayor McCallon replied the reason he is suggesting it be continued, is for City Council to work out what the appropriate language should be, given there is no time sensitivity to the item. He asked what is the City Council' s pleasure? Council Member Timmer replied he would like to have the item resolved tonight.

Mayor Pro Tem Lilburn responded she would like to hear what City Attorney Marroquin suggests.

City Attorney Marroquin agreed she does not think the language should be codified, it could be done through a resolution. If you did it that way, you would have to return after the six months with a new proposal. She understands what Mayor McCallon is stating, suggesting more time is needed to analyze. What City Manager Hughes suggested is a good idea, pushing out the effective date of the ordinance. Sixty ( 60) days is what is legally given, that is the minimum amount of time, but you could go further. Otherwise, City Council could come up with proposals and come back at the next meeting.

Council Member Timmer stated he would like to have this item resolved tonight.

The effective date can be pushed out to April 1, 2024, so that it is left how it is and that way it will not generate building permit issues or conceivable issues.

City Attorney Marroquin responded, correct. She heard Council Member Timmer state he did not want to have it codified and would like more flexibility? Council Member Timmer replied he did not want to take any more steps later on, he would like to have this resolved tonight, the city has been working on this for a couple of years on the Work Program. The developers in the audience would like to know up front as well.

City Attorney Marroquin stated the easiest solution is to push out the effective date to April 1, 2024, or whichever date the City Council chooses. The new effective date would give certainty to the development community that starting April 1, 2024 the new fees would take effect across the board. That would be the very simple solution.

Mayor McCallon asked if new language would have to be generated?

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City Manager Hughes responded there would be no changes to the language, the date would just need to be changed.

City Attorney Marroquin stated Section 8 of the ordinance and resolutions would be changed. Section 8 states, " this ordinance and development impact fees shall apply to the issuance of any building permit for the development project issued 60 days following the passage of this ordinance except as provided in the fee resolution". That language would be changed to say that it will apply to the issuance of any building permit for a development project beginning April 1, 2024.

Similar changes would be made to the resolution. Rather than have it tied to the effective date of the ordinance, it would be the April 1, 2024 date.

Mayor McCallon asked Council Member Timmer if that was part of his motion? Council Member Timmer responded that it was.

A MOTION was made by Council Member Timmer, seconded by Mayor Pro Tem Lilburn, to:
1) Adopt Resolution No. 2023- 040 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, as amended reflecting April 1, 2024, as the effective date; 2) Adopt Resolution No. 2023- 041 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, as amended reflecting April 1, 2024, as the effective date; and 3) Introduce and conduct first reading, read by title only, of Ordinance No. 461 updating and amending the City' s comprehensive system of Development Impact Fees, superseding Ordinance Nos. 309 and 422, and making determinations under CEQA, as amended reflecting April 1, 2024, as the effective date. Motion carried as amended, 5- 0.

RESOLUTION NO. 2023- 040

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

CALIFORNIA, APPROVING A DEVELOPMENT IMPACT FEE REPORT

NEXUS STUDY), ADOPTING A MASTER FACILITIES PLANS 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

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RESOLUTION NO. 2023- 041

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 QUIMBY ACT (GOVERNMENT CODE SECTION
66477), AND MAKING DETERMINATIONS UNDER CEQA
City Clerk Hughes introduced Ordinance No. 461:

ORDINANCE NO. 461

AN ORDINANCE OF CITY OF HIGHLAND, CALIFORNIA, ADDING A NEW CHAPTER 3. 36 " DEVELOPMENT IMPACT FEES" TO TITLE 3 ( REVENUE AND

FINANCE) OF THE HIGHLAND MUNICIPAL CODE CODIFYING, UPDATING,

AND AMENDING THE CITY' S COMPREHENSIVE SYSTEM OF
DEVELOPMENT IMPACT FEES, SUPERSEDING ORDINANCE NOS. 309 AND 422, AND MAKING DETERMINATIONS UNDER THE CEQA
which title was read.

CITY COUNCIL LEGISLATIVE

11. Measure I Capital Project Needs Analysis for Fiscal Years ( 2024/ 25-2028/ 29) Public Works Director/ City Engineer Zamano gave a brief review of the staff report.

A MOTION was made by Council Member Solano, seconded by Mayor Pro Tern Lilburn, to:
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. 2023-042 adopting the Measure I Five -Year Capital Project Needs Analysis for Fiscal Years 2024/ 25- 2028/ 29. Motion carried, 5- 0.

RESOLUTION NO. 2023- 042

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

CALIFORNIA, ADOPTING THE MEASURE I FIVE- YEAR CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEARS 2024/ 2025 THROUGH 2O28/ 2029

12. Recruitment for a New City Manager
City Manager Hughes gave a brief review of the staff report.

Council consensus to refer this item to the Finance/ Personnel Subcommittee to engage the services of a professional recruiting firm. Motion carried, 5- 0.

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13. City Manager Report and Comments ( Work Program, Regional/ Legislative/ Development Issues, Subcommittees, etc.)
City Manager Hughes stated the city audit will start on Monday, September 18.

Staff will be working with the auditors and bringing it forward to the Finance/ Personnel Subcommittee, and ultimately to the City Council in December.

Associate Planner Syed accepted a Senior Planner position with the City of Rancho Cucamonga. The city is working on a replacement and is hopeful there will not be much of a gap. The city wishes him well in Rancho Cucamonga.

The Planning Commission will have a full agenda next week on Tuesday, September 19. There are five projects on the agenda: 1) an apartment complex on Sterling Avenue 2) San Carlo which is a townhome/ apartment complex on Greenspot Road 3) an auto body shop expansion on 3rd Street 4) a new tow yard on 5th Street near Sterling Avenue and 5) a new spec industrial building near the southwest corner of 5th Street and Central Avenue.

Brian Cronin, who has been the long time Chief of Animal Care and Control with the County of San Bernardino, has retired. He served with the county for 41 years.

Jennifer Osorio is the acting chief.

On Friday, August 18, the city was notified by the California Department of Housing and Community Development ( HCD) that the city' s adopted 6th Cycle Housing Element is in substantial compliance, in other words, the city got their housing element certified. A special thanks to Community Development Director Mainez, Assistant Community Development Director Stater, and planning staff for their hard work. Implementation of re -zoning will need to be done.

A construction update on Palm Avenue, the city is pleased to announce that Palm Avenue is open to traffic now between 3rd Street and 5th Street. It was closed for quite some time due to pouring of concrete in the area, but it is back open. The signal at 3rd Street and Palm Avenue will be on red flash for a while. More work within the area is scheduled, turn pockets and other items still need to be completed. There will be a reduction of lanes from two to one lane, but the plan is to keep the street open.

The city received a grant award for the 9th Street Transit Stops, Sidewalk and Bikeway Improvements project. It was selected by SBCTA for award for fiscal year 2023/ 2024 for TDA Article 3 bicycle pedestrian funds in the amount of $404, 000.

The total estimated cost of the project is $ 808, 000, it will pay approximately 50%.

The Sheriff's Department for the period of August 7 through September 10, responded to 3, 938 calls for service, made 243 reports and 158 arrests.

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The Fire Department for the month of August responded to 525 medical aids, 43 traffic collisions, 13 structure fires, 8 vegetation fires, 5 vehicle fires and 28 other fires.

The State of the City Address will be held Thursday, September 14 at Big Bear Springs Event Center. Reception will be at 5: 30 p. m. and the program will start at 6: 30 p. m. On Monday, September 25, a Blood Drive will be held at the Highland Sheriff' s Station. October 4 is California Clean Air Day. October 7, the Highland Improvement Team ( HIT) will be volunteering by distributing water at the 3rd Annual Discover Highland Run held by the Highland Chamber of Commerce. On October 14, Fire Station # 3 will host an Open House. October 23 is Red Ribbon Week. City Hall will host a compost giveaway on Saturday, September 23.

15. Council Member Comments ( Agency/ Committee/ AB 1234 Reports, District Updates, etc.)
Mayor Pro Tern Lilburn stated she did not see the community activists present at tonight' s City Council meeting. Herself and Council Member Solano had the opportunity to meet with the constituents of Silver Creek Mobile Home Park. They were able to provide a copy of their bill reflecting the trash rates and they were spot on with what they were being charged. She wanted to thank them and acknowledge their friendliness. She is glad herself and Council Member Solano could be of service and look out for their constituents.

She was honored to present a certificate to the Highland Women' s Club for their 125th anniversary.

She had the pleasure of doing the welcome speech for the Discover Highland walk coming up in October.

She stated there is a free concert at Cruising at Altitude at the San Bernardino International Airport on Saturday, September 16. It is free admission and parking.

The public is welcome to attend. The band Walters and Almost Monay will be performing. They have taken a big airplane and made a stage out of it. It gives the community an opportunity to see the airport. Doors open at 6: 00 p. m. and the band will probably start around 7: 00 p. m. or 8: 00 p. m.

Mayor McCallon circled back to the Housing Element discussion. He mentioned to Community Development Director Mainez several things will be required of the city by the California Department of Housing and Community Development ( HCD), unlike past Housing Elements.

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Community Development Director Mainez stated that is correct. He has met with staff and is lined up to get all those things front loaded as soon as possible. While the Planning Department is down one planner, it is their priority and City Council will receive large packets with the information. Sixty-three percent ( 63%) of cities and counties in California got certified, and staff wants to extend their appreciation for City Council' s political will and participation in getting to this point.

Mayor McCallon added that Housing Elements in the past have been treated more as a planning document and ignored. As a result, HCD has put more emphasis on this round of the 6th Housing Element.

Mayor Pro Tem Lilburn stated she keeps coming back to the ADUs because residents pay for services that ADU applicants will get. DIF fees help pay for schools and roads. Her heartburn lands in the fact ADU applicants will not have to pay for DIF fees, yet they will still benefit from those services. The people that will have to pick up or subsidize the costs are Highland residents. It is not fair.

Council Member Timmer stated the whole thing boils down to the Housing Element. The city puts a plan together, the state approves or disapproves. The state tells the city what it needs to change. It boils down to the market, if there is a need for a certain product, the developers will find a way to do that.

Mayor McCallon reiterated it will be a different process this year.

ANNOUNCEMENTS
None

CLOSED SESSION
None

ADJOURN
There being no further business, Mayor McCallon adjourned the meeting at 7: 01 p. m. in memory of Robert Eaglin, Jenni Laroe, Ignacio Ramirez, Julie Tilman, and Drake Williams.

Submitted By:

Betty Hughes, MMC
City Clerk
Approved By:

Larry McCallon
Mayor

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STAFF REPORT

TO THE CITY COUNCIL
DATE: October 10, 2023
FROM: Joseph A. Hughes, City Manager
REVIEWED BY: Chuck Dantuono, Director of Administrative Services/City Treasurer Z;P PREPARED BY: Leticia Nava -Cruz, Assistant Director of Administrative Services iP `- SUBJECT: Warrant Register # 758
RECOMMENDATION: City Council to approve Warrant Register # 758; Warrants in the amount of 3, 297, 175. 13 and Payroll in the amount of $241, 962. 10.

FISCAL IMPACT: The total of Cash and Expenditures is $ 3, 539, 137. 23.

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

BACKGROUND: See Printouts Attached.

Approved Motion Second
Denied Ayes
Continued Noes
Tabled Abstain
Absent
OZ(1-4
City Clerk
Agenda Item No.

File No.

City Manager
-1-

CITY OF HIGHLAND
WARRANT REGISTER # 758
October 10, 2023
Warrants:
9/ 8/ 2023 Payroll Wire # 829- 832 & Ck # 87904- 87905 73, 793. 18 9/ 8/ 2023 Ck# 87906- 87908 30, 434. 49
9/ 12/ 2023 Ck# 87909- 87958 407, 088. 30
9/ 19/ 2023 Ck# 87959- 88005 1, 486, 875. 97
9/ 22/ 2023 Payroll Wire #833- 836 & Ck # 88006- 88007 78, 387. 30 9/ 21/ 2023 Ck# 88008 20, 257. 16
9/26/2023 Ck# 88009- 88048 1, 141, 094. 35
10/ 3/ 2023 Ck# 88049- 88068 & Wire# 1002466979 59, 244. 38 Total Warrants 3, 297, 175. 13
Payroll:
9/ 8/ 2023 Direct Deposits # 13216- 13258 117, 862. 82
9/ 8/ 2023 Ck # 701 281. 90
9/ 22/ 2023 Direct Deposits # 13259- 13301 123, 535. 48 9/ 22/ 2023 Ck # 702 281. 90
Total Payroll 241, 962. 10
Total Warrants & Payroll 3, 539, 137. 23
APPROVED BY:

Larry McCallon
Finance Subcommittee
John Timmer
Finance Subcommittee
Joseph . Hughes
City anager
Chuck Dantuono
Director of Administrative
Services/ City Treasurer
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DATE:

FROM:

PREPARED BY:

SUBJECT:

RECOMMENDATION:

FISCAL IMPACT:

PUBLIC NOTICE:

STAFF REPORT

TO THE CITY COUNCIL
October 10, 2023
Joseph A. Hughes, City Manager
Chuck Dantuono, Director of Administrative Services/ City Treasurer Leticia Nava -Cruz, Assistant Director of Administrative Services ( J Treasurer' s Report for August 2023
City Council to receive and file the Treasurer' s Report for August 2023 Cash and Investments:

General Fund
Special Revenue Funds
Internal Service Funds
Capital Projects Funds
Agency Funds
Housing Authority Fund
SARDA Funds
11, 180, 360. 80
36, 575, 739. 45
5, 331, 994. 93
20, 945, 712. 76
1, 692, 985. 09
3, 615, 115. 18
3, 149, 637. 04
The agenda for this item was posted at the three required locations.

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

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

Decreases resulted in vendor payments and debt service payments.

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

The maximum limit on regular accounts is $ 75M.

Approved Motion Second Agenda Item No.

Denied Ayes
Continued Noes File No.

Tabled Abstain
Absent
City Clerk City Manager
-1-

CITY OF HIGHLAND
Treasurer' s Report
as of August 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
6, 853, 958. 79

MATURITY PAR ORIGINAL

DESCRIPTION PERIOD YIELD VALUE COST
INVESTMENTS: LOCAL GOVERNMENT INVESTMENT POOLS
California Treasurer's Local Agency Investment Fund ( LAIF) n/ a 3. 434% 19 General Fund 12, 60 , 574.00
Special Revenue Funds 25, 226, 704. 00
Internal Service Funds
9, 803, 533.
00 Capital Projects Funds
19, 803, 533. 00
Total City LAIF Funds
59, 351, 939. 19
Housing Authority Fund
3, 647, 969. 16
Total Housing Authority LAIF Funds
3, 647,969. 16
Total LAIF Funds 62, 999, 908. 35
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) f
n/ a
n/ a

5. 520%

0. 00%

0. 00%
n/ a 0. 00%
n/ a 0. 00%
n/ a 0. 00%
n/ a 0. 00%
n/ a 0. 00%
n/ a 0. 00%
n/ a 0. 00%
n/ a 0. 00%
n/ a 0. 00%
3, 190, 393. 16
1, 791, 080. 00
5, 993, 559. 00
10, 975, 032. 16
102, 091. 09
3, 098. 39
1, 145. 96
330, 374. 15
19, 381. 76
29, 279. 95
9, 828. 38

0. 44
102, 091. 09
3, 098. 39
1, 145. 96
330, 374. 15
19, 381. 76
29, 279. 95
9, 828. 38

0. 44

0. 13 0. 13
495, 200. 25
-2-

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

TOTAL INVESTMENTS US BANK ( SARDA)

TOTAL CASH AND INVESTMENTS

MATURITY PAR ORIGINAL

PERIOD YIELD VALUE COST
n/ a 5. 00% 2, 797. 43
n/ a 0. 00% -
n/ a 0. 00% -
n/ a 5. 00% 175, 162. 13
n/ a 5. 00% 546. 27
n/ a 5. 00% 73. 12
n/ a 0. 00%
n/ a 5. 00% 973, 156. 01
n/ a 5. 00% 14, 041. 88
n/ a 5. 00%
n/ a 0. 00%
n/ a 0. 00%
518. 86
2, 797. 43
175, 162. 13
546. 27

73. 12
973, 156. 01
14, 041. 88
518. 86
1, 166, 295. 70
82, 491, 545.25
All investments are placed in accordance with City of Highland's Investment Policy and Guidelines. The above summary provides sufficient cash flow, liquidity to meet t ext six month' s estimated expenditures. This report is in accordance with Government Code Section 53646.

SIGNED: SIGNED:

Joseph A. es
Chuck Dantuono

CITY AGER DIRECTOR OF ADMINISTRATIVE

SERVICES/ CITY TREASURER
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-6-

STAFF REPORT

TO THE CITY COUNCIL
DATE: October 10, 2023
FROM: Joseph Hughes, City Manager
REVIEWED BY: Betty Hughes, MMC, City Clerk
Chuck Dantuono, Director of Administrative Services/ City Treasurer Jennifer Arellano, George Hills Company, Claims Adjuster PREPARED BY: Alondra Munoz, Deputy City Clerk
SUBJECT: Claim Consideration — Anna Cabrera
RECOMMENDATION: George Hills Company recommends the City Council reject the claim.

BACKGROUND: The Claim was received in the City Clerk' s Office on September 11, 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, anager
-1-
IF T

GEORGE HILLS
September 28, 2023
Betty Hughes
City of Highland
RE: Client:

Claim Number
Date of loss:

Claimant:

Dear Ms. Hughes:

City of Highland
G H 000626 75
9/ 1/ 23
Anna Cabrera
We have reviewed the above captioned claims and request that you take the action indicated below:

Please issue standard rejection, followed by appropriate venue letter and declaration of jurisdiction with map several days after.

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.

Lem M. l3owe*,,
Lena M. Bowen, PECP
Claims Adjuster
Direct Dial: ( 707) 602, 3144
Email: lena- bowen@georgehills. com
-2-
City of
111GHLAND, f
Inc. 1987
September 11, 2023
Patti Schneiders
Claims Processor
Rancho Cordova Office
PO Box 278
Rancho Cordova, CA 95741
Re: Claimant( s): Anna Cabrera
Incident Date: September 1, 2023
Dear Patti:

Enclosed is a copy of a Claim received and filed in the Office of the City Clerk on September 11, 2023, by the above referenced claimant( s). Note: The location stated in the attachment indicates that she 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, October 10, 2023, pending your recommendation. All correspondence will be required from George Hills no later than September 28,
if you have any questions, please contact Chuck Dantuono at ( 909) 864- 6861, ext. 224 or myself at ext. 260.

Sincerely,
43- k\_
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 Tem 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-
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5MITMr LAW IZ+C.[. 1I' SEP
A PHOi ! ti ; K ) t .> a! I ..+.* A' C *( ttI'+ )RA I It Y,N " CITY OF H1GHLMD
September 8",, 2023 CITY CLERK
Sender' s einuil
Fa sienile: f310) 507-' 910
Sent Via Certified Mail: ( 70201810 # 001 9178 0360
City of Highland
Attn. City Clerk
27215 Base Line
Highland CA 92346
Re: Our Client: Anna Cabrera
Date of Loss: September 1", 2023
Notice to Preserve Evidence tlncludine Video)
To whom it may concern:

This office has been retained by Anna Cabrera for personal injuries that arose on the aboxecaptioned date. Please direct all future communications and I- rle requests regarding this mutter to this office.

Please note you have a duty to preserve any and all cv idence related to this incident, including, but not limited to photographs of the scene or the claimant, incident reports created as a result of the incident. all surveillance footaze of the nrenlises on the day of the incident including footap-e two hout- s before the incident and tiso hours host incident and anr' and all Camera an ies. whether or not they depict claimant andfor the; incident. regardless ofnegligence or intent. any altering,. changing. modification, tampering. destruction, spoliation. or loss ofthis propertN will subject you and any other xvrongdoers to a lax4suit fir damages and punitive damages. California laxv and the applicable courts haze also ordered terminating sanctions against defendants that spoil- destroy destruct, edit. and/ Or alter evidence:. Calilbrniia Code of Wit /' ruc•cthav § 2023. 030 et seq. Stca, herY Spain er, Inc. v. Walt 1.Vsne'v (' o. ( 2007) 155 Cal. AppAth 736, I)rajyvs r. Bendel.- ,toior , Inc•.. ( 2009) 174 Cal' AppAth 967. 993- 94: 11.. 5'. rcalive, Inc. v. Creative Cotton, Lid. ( 1999) 75 Cal.App. Lith 486, - 196. Further. Colgbrnia Penal Code § 135 makes it a misdemeanor to n, illfully destroy evidence. in addition to any civil liabilities.

In the event that the property owner has med taav coverage, please consider this correspondence as a demand for benefits under the policy. Please ilwovide this office with a claim number and instructions on who to send medical records and bills to.
1875 CENTUM P:IRK EAST I SUITE 1790 1 L OS Aw-Eres, CA 90067 it UPHor, t 310, 507. 7900 1 Fat SIMIrt= 310. 507- 7910 1 xv_ u -5-
We appreciate your professional courtesy and loop to \ 1oj-kino N\ it h \ OU on this matter.

Sincerely,
Shawn Azizzadeh, Esq.

Bedford Law Group, APC
SA/ em
Insurance Policy Number:

Please rill out the information on this form and return it immediately:

YOU ARE NOT ADMITTING, TO FAULT BV

PROVIDING THE REQUESTED INFORMATION
Your Name & Tel No.:

Date of Incident:

Description of the Incident:

Name of Your Insurance Company:

Insurance Company Address & Telephone Number:

Insurance Agent Address and Telephone No:
ocation:

DECLARATION OF NO INSURANCE
declare under pcnalty ofperiut), that at the time ofthe incident dated above. I did not have any liability insurance covering the incident mentioned above.

Executed on
Signature:
20 in city of' , California.
1875 CENTURY PA13K EA.Sf I Sull It 1' i")() to A%cl I F,. CA 90067 TELEPH ON F 310. 507. 7900 1 FACSIFOHl F 310507. M,01 w,. vvv. Bf-_DF ORD LAWGROLP,COW, -6-
IMCEIVEC Do not write in this space.

For office use onlySEP 112023
Received:

CITY OF HIGHLAND
By: C t

CITY CLERK
Mail 0 in person

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

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

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

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

The undersigned respectfully submits the following claim and information relative to damage to persons and/ or- personal property.
1 Name of Claimant N 0, ,) r Y CA
a. Complete Address of Claimant, including Citv, State and Zip Code:
b. Phone Number
G. Date of Birth
-7-
cl, Driver's License/State Identification Card Number:

Issued by which State: Co ( A
Driver' s License Identification Card
Expiration Date:_

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

3. Occurrence or event from which the claim arises:
a. Date of occurrence rl) 1C., , -, z ( / ca b.

Time of occurrence C.

Place of occurrence ( Exact and specific location) 9
C) ozi I U d.

How and under what circumstances diddamage orinjury occur? Specify the particular occurrence, event, act or omission you claim caused the injury or damage ( use additional paper if necessary). ILP
U LAPV'? 1'\ Odu UleA f- i kA, t (NP ( AY CIUWI -
4,4Y kL, 2ZUqe kA C, e.

WJparticular action by the City, or its employees, caused the alleged damage or injury? iA
l
-8-

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".
a6re( CA feAk k4' A' ZL n),QA\ - i,\
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5. Give the name( s) of the City employee( s) causing the damage or injury:

6. Name and address of any other person injured:

A j / A

7. Name and address of the owner of any damaged property:
u/ A

8. Damages Claimed:
a. Amount claimed as of this date: $ SOA00. 0 C.)
b. Estimate amount of future costs: $ ( u V-jP— JLJOC AA I t A C. Total amount claimed: $ 1 L, P, rfo I- tic
d. Basis for computation of amounts claimed. Include copies of all bills, invoices, estimates, etc.:
-9-

9. Names and addresses of all witnesses, hospitals, doctors, etc. a." E' P
b.
c
n'
e.

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

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 I believe the same to be true. I certify under penalty of perjury that the foregoing is true and correct.

Signed at: A 0 5
v and State
Date:
gnature of Claimant
Prin ed name of person signing above
-10-

AUTHORIZATION TO HANDLE CLAIM
Pursuant <oSection 2645.2(c) nfthe Cal ihorniuCode o[Rcuu|/tions. Tit h |Kchuoter 5:1 uothu6zc8B/\ VVy4 AZIZZADF| Lummyattorney. to hond|cmypersonal ! niuryclaim, arising from the incident which occurnednn September 1. 2023 This authorization shall bc valid until revoked by the undersigned. Any and all prior authorizations shall be valid until revoked 6vthe undersigned oxn[ the date ofthis authorization. JI; I Signature Anil Cabrera Printed Name
Q9/
Q7/2023
18T5Crmn/ mPARK
EAs`| Sum s790|
La»Am6ho\ CA90067
-11-
41 4
LI
co,
-12-

STAFF REPORT

TO THE CITY COUNCIL
DATE: October 10, 2023
FROM: Joseph Hughes, City Manager
REVIEWED BY: Betty Hughes, MMC, City Clerk
Chuck Dantuono, Director of Administrative Services/ City Treasurer Jennifer Arellano, George Hills Company, Claims Adjuster PREPARED BY: Alondra Munoz, Deputy City Clerk
SUBJECT: Claim Consideration — Jordan Nicole Lovato
RECOMMENDATION: George Hills Company recommends the City Council reject the claim.

BACKGROUND: The Claim was received in the City Clerk' s Office on September 26, 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-
T
icx"T

GEORGE HILLS
Our mind5 over your rrrotlera.

September 29, 2023
Betty Hughes
City of Highland
RE: Our Client:

GHC Claim:

Claimant:

Date of Loss:

Dear Ms. Hughes:

City of Highland
GHCO063334
Jordan Nicole Lovato
August 29, 2023
We have received 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.

If you have any questions, please contact the undersigned.

Kindest Regards,
George Hills Company, Inc.

Jennifer Arellano, Claims Adjuster
jennifer. arellano@georgehills. com
Direct Dial: ( 916) 352. 7793
REV 02/ 22023

Page 1 of 2 ends

-2-
City of
IG. HLAND
Inc. 1987
September 26, 2023
Patti Schneiders
Claims Processor
Rancho Cordova Office
PO Box 278
Rancho Cordova, CA 95741
Re: Claimant( s): Jordan Nicole Lovato
Incident Date: September 21, 2023
Dear Patti:

Enclosed is a copy of a Claim received and filed in the Office of the City Clerk on September 26, 2023, by the above referenced claimant(s). Note: We are held harmless through the contract with the contractor Granite Construction on the 3rd Street/ 5th Street Corridor Improvement Project, City Project No. str18001. Please review and advise this office on the appropriate action to be taken. The city wishes to tentatively schedule this item for the City Council regular meeting of Tuesday, October 10, 2023, pending your recommendation. All correspondence will be required from George Hills no later than October 3, 2023.

If you have any questions, please contact Chuck Dantuono at (909) 864- 6861, ext. 224 or myself at ext. 260.

Sincerely,
qC-) 1 '
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\ daims\ george hills letters\ gh lovato Itr. docx Mayor Mayor Pro Tem 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-
RECEIVED 09/ 26/ 2023 11: 15AM 9098623180 CITY OF HIGHLAND 09/ 26! 2023 TUE 10: 25 FAX 9097992349 Qj001/ D09
Fax
Prom: jLa(/r•aji Lovalu
To:

Pax:

PagOs: -
Phone:

Date
0 Urgent oFor Review D Please Comment LiPlease Reply 0 Please Recycle comments:

SEP 2 6 2023
4"
-4-
RECEIVED 09/ 26/ 2023 11: 15AM 9098623180 CITY OF HIGHLAND 00/ 26/ 2023 TVE 10125 PAX P097992349 CVHG ADMIN. Z002/ 009 Do not write in this space.

For office use only,
Received:

By:

El Mail 0 In person

CLAIM AGAINST THE CITY OF HIGHLAND
Fnr 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 5556. 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 andlor"pe rsonal property: y !'

1. Name of Claimant L i-l. an n 1 c1e- LD\/
Complete Address of Claimant, including City, State and Zip Coda:

Phone Number
C. Date of Birth
-5-
RECEIVED 09/ 26/ 2023 11: 15AM 9093623180 CITY OF HIGHLAND 09/ 26/ 2023 Tub 10; 25 FAX 909799234P OWS ADMIN. U0C3/ 009 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:

3. Occurrence or event from which the claim arises:
a. Date of occurrence "` 21 2:0221>
b. Time of occurrence
c. Place of occurrence ( Exact and specific location)
0 e
0 rl
V
How and under what circumstances did da or injury occurY Specify the particular occurrence, event, act or omisslon you claim caused the injury or damage ( use additional paper If necessary).
0 -, 4
What particular action by the City, or its employees, caused the alleged damage or Injury?
-6-
RECE, VED 09/ 26/ 2023 11: 15AM 9098623180 CITY OF HIGHLAND 09/ 26/ 2023 TUE 10! 26 FAX 9091992349 CVHS ADNIN. IZO04/ O05

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

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

6. Name and address of any other person injured:
nL
7 nd address of the owner of any damaged property:

8. Damages Claimed:
a. Amount claimed as of this date
b. Estimate amount of future costs:

C. Total amount claimed:

C ic G+ c-a n
d. Basis for computation of amounts claimed. Include copies of all bills, invoices, estimates, etc.:

Cuppyuy Xsfi rnatrs
c- cis r-,, 6i-iah
-7-
RECEIVED 09/ 26/ 2023 11: 15AM 9098623180 CITY OF HIGHLAND W 26/ 2023 TUs 10: 26 FAX 9097992349 Cve6 ADMIN. E005/ 009

9. Names and addresses of all witnesses, hospitals, doctors, etc, a.
b. shd a Jo •- St it' 1
c. 2
d. -
e.
v

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

AA
i' VS
ar VS
t have read the matters and statements made in the above claim and I know the same to be true of my own knowledge, except as to those matters stated upon Information or belief as to such matters I believe the same to be true. I certify under penalty of perjury that the foregoing Is true and correct.

Signed at; Qecu I co"
City • State'
Signat4lb of -
r 1A5VU: b
Printed name of person signing above
-8-
-9-
-10-

1. ';
r!
1 Y
ia7
-11-

RE EIIII C

CITY OF HIGHLAND

CITY CLERK

MERCURY INSURANCE COMPANY
555 W IMPERIAL HWY, BREA, CA 92821
Office: ( 909) 919- 7050
E- MAI L ALL SUPPLEMENTS TO MY ATTENTION- darchuleta@mercuryinsurance. com** rr******* ti***a********* t* a********** r******#* r******** r**.*****

NO SUPPLEMENTS WILL BE HONORED WITHOUT PRIOR INSPECTION OR APPROVAL r** r** r**** ara* r** r* rr* s******** a.**.***•************..**.** cart** Estimate ID
15386964
Original
Claim Number
All sublet labor overestimated book time labor and labor rate is subject to prior approval. All calibrations need prior approval and MUST be justified by post scan report. DTC resets are included in post scan labor.

CALL FILEADJUSTER TO CONFIRM COVERAGE****`***********
Owner

JORDANLOVATO
Insured

JORDAN LOVATO

MERCURY INSURANCE GROUP
I oss Typ- Claim Number
Collision
Deductible Reported Date
500.00- NotWaived 09/ 25/ 2023
Inspection Date Repair Facility
9/ 28/ 2023 AUDI ONTARIO
2272 INLAND EMPIRE BLVD
ONTARIO, CA 91764- 1835
866) 798- 3521( Work)
Appraiser

DAN IEL ARCHULETA
909) 772- 9671( Work)
darchuleta@mercuryinsurance. com
Classification
Field
Policv Number Adjuster

TEAM EVERESTADJUSTER
888) 263- 7287- 42049 ( War
k)
Loss Date Inspection Site
09/ 21/ 2023 AUD I ONTARI O
2272 INLAND EMPIRE BLVD
ONTARIO, CA 91764- 1835
866) 798- 3521( Work)
2017 Audi AS Sport 2 Door Conv 2.01- 4 Cyl Gas Injected Turbocharged 8 Speed Auto Trans AWD Exterior Color License VIN Condition
BLACK Good
Drivable Odometer
No 52183
Primary Point of Impact
Undercarriage ( 21)
Production Date
06/ 2016
Mitchell Service Code
911304
912 /
rtf 3Mitchell Mitchell Cloud EstimatingTM Nr* MOh rtrdile% Ytykw Page 1 05 04226023 MitchellEriimating 23.3 Copyright 1994. 2023 Mltchdl intnnativnah Inc. 9129/ 2023 MERCURYSTANDARD 14724 04:
26 FM OEM SEP 23_V All
Rights Reserved 04: 26 PM INS P.

N, Ie Ve+ Lc. 23A
-12-
Options
4WD orAWD
Anti -Lock Brake Sys. (ABS)
CD Player
Driver - Front Air Bag
First Row Bucket Seat
Leather Seats
Power Driver Seat
Rain Sensing Wipers
Side Airbags
Traction Control/ Electronic
Air Conditioning
Auto Air Condition
Convertible Cloth Top
Dual A/ C
Fog Lights
Leather Steering Wheel
Power Passenger Seat
Rear Bench Seat
Steering Wheel Mounted
Audio Control
Trip Computer
All Wheel Drive
Automatic Headlights
Cruise Control
Electric Defogger
Heated Mirror
MP3 Player
Power Remote Mirror
Rear Heating, Ventilation &
Air Conditioning
Theft Deterrent Sys,
Universal Garage Door
Opener
JORDAN LOVATO 1 2017 Audi AS Sport
Parts Profile Parts Profile Version
BREAAQRP 45. 0
Alum/ Alloy Wheels
Auxiliary Input
Daytime Running Lights
Electronic Parking Aid
High Intensity Discharge
Headlights
Passenger - Front Air Bag
Power Steering
Rollover Protection System
Tilt Steering Wheel
AM -FM Stereo
Bluetooth Wireless
Connectivity
Driver Seat With Power
Lumbar Support
Electronic Stability Control
Keyless Entry System
Power Door Locks
Power Windows
Satellite Radio
Tire Pressure Monitoring
System

I LABOR PART
Line ff Description Operation Type Total Units Type Number Qty Total Price Ta>:

Front Inner Structure
1 103162 Sub -Frame Strut Bar- M Remove / Mechanical 0. 7 New 8170 399 345 H 1 346. 67 Yes Replace
2 101956 R Sub - Frame Screw ( 3 @ Remove / Mechanical' 0.0 New N 911 511 01 3 11. 10 Yes

3. 70) Replace
3 101957 L Sub - Frame Screw ( 3 @ Remove / Mechanical' 0.0 New N 911 511 01 3 11. 10 Yes

3. 70) Replace
4 900500 SUBFRAME BOLT ( 2 @ Remove / Mechanical' 0. 0' New WHT 005 372 2 3. 40' Yes

1. 70) Replace
5 900501 1 TIME USE BOLTS
6 900500 SUPPORT BRACE NUTS (6 Remove / Mechanical' INC' New WHT 002 305 6 5. 40' Yes @ $ 0. 90) Replace
7 900500 SUSPENSION BOLTS ( 2 @ Remove / Mechanical' INC' New WHT 001 949 2 25. 92' Yes

12. 96) Replace
a 900501 1 TIME USE BOLTS
Front Steering Linkage / Gear
9 103098 Steering Gear Assembly- M Remove/ Mechanical 3. 0 New 8K1423055 1 3, 035. 71' Yes Replace CG
10 900506 Steering Gear Assembly - M Part 758. 93

25. 00% Betterment
11 103117 R Steering Nut - M Remove / Mechanical INC New N 011 164 17 1 INC Yes Replace
12 103100 L Steering Nut - M Remove / Mechanical INC New N 011 164 17 1 INC Yes Replace
13 103108 RSteeringNut -M Remove/ Mechanical 0.0 New WHT 004593 1 12. 79 Yes Replace
14 103109 L Steering Nut - M Remove / Mechanical 0.0 New WHT 004 593 1 12. 79 Yes Replace
15 103110 R Steering Bolt - M Remove / Mechanical 0. 0 New WHT 005 514 1 6. 00 Yes Replace
16 103111 L Steering Bolt - M Remove / Mechanical 0.0 New WHT 005 514 1 6. 00 Yes Replace
9/ 28/ 2023
04:4: 26 PM
Mitchell Estimating 23. 3
OEM SEP 23_ V
Mitchell Clod EstimatingTM
Copyright 1994- 2023 Mitchell International, Inc.

P— M a,
9/ 28/ 2023
t" ddk JAUV- 4 ^' Page 2of5
MERCURYSTANDARD 14724
All Righ is Reserved 04: 26 PM INS
Ndlk Vo j. 1

21. 0
-13-
LABOR
Line# Description Operation Type Total Units
17 900500 4 WHEELALIGNMENT Additional Mechanical' 0.0'
Labor
18 900501 INCLUDES CALIBRATIONS
Engine / Trans Mounts
19 100274 R Eng Supt Mount - M Remove / Mechanical 1. 8# Replace
20 900506 R Eng Supt Mount - M Part

50. 00% Betterment
21 900501 MOUNT COLLAPSED
22 100275 L Eng Supt Mount - M Remove / Mechanical 1. 2# Replace
23 900506 L Eng Supt Mount - M Part

50. 00% Betterment
24 900501 MOUNT COLLAPSED
25 900500 MOTOR MOUNT BOLTS ( 2 Remove / Mechanical' INC' @ $ 4.43) Replace
26 900500 RIGHT MOTOR MOUNT Remove / Mechanical' INC'
PLATE Replace
27 900500 LEFT MOTOR MOUNT Remove / Mechanical' INC'
PLATE Replace
Engine / Body Under Covers
28 103354 Frt Engine Under Cover Remove / Mechanical' 0. 4 Replace
29 103357 Engine Grommet Remove / Mechanical' 0.0
Replace
30 103358 R Engine Pin ( 2 @ $ 4. 00) Remove / Mechanical' 0.0 Replace
31 103359 L Engine Pin ( 2 @ $ 4.00) Remove / Mechanical' 0.0 Replace
32 900500 UNDER COVER CLIPS Remove / Mechanical` INC'
Replace
PART
Type Number Qty Total Price Tar,
Sublet $ 499. 95'
New 8R0 198 381 1 $ 460. 00' Yes
AK
230. 00
New 8110 198 381 C 1 451. 67' Yes
225. 84
New N 911 489 01 2 8, 86' Yes
New 8K0- 399- 060- 1 71. 67' Yes
M
New 8K0- 399-059- 1 71.67' Yes
H
New 81` 0 863 821 Q 1 848. 33 Yes
New 8K0 261 595 1 4.00 Yes
New 8W0 805 121 2 8. 00 Yes
New 8W0 805 121 2 8. 00 Yes
New 8E0825267 1 1. 76' Yes
Judgment Item C Included in Clear Coat Calculation
T Included in Two Tone Calculation A Included in Clear Coat and Two Tone Calculation Labor NoteApplies r CEG R& R Time Used for this Labor Operation d Discontinued by Manufacturer [ I Verify the part number and price before ordering Estimate Totals
Labor Units Rate Sublet Add IAmount Totals
Mechanical Labor 7. 1 $ 245. 00 $ 499. 95 $ 2, 239. 45
Total Labor 7. 1 $ 499. 95 $ 2 239 45
Parts Amount
Taxable Parts $ 5, 410. 84
Costs Amount
Other Additional Costs $ 0. 00
Paint Materials $ 0.00
l.nnmttM ( i. yttvrn
9/ 28/ 2023 Mitchell Estimating23. 3 Mitchell ClaudEstimatln¢TM Pd, rrd0" 04: 26PM OEMSEP23V Copyright 1994. 2023Mitchell International. Inc. 9/ 28/ 2023 All Rights Reserved 04: 26 PM Taxable

0. 00 Tax

0.0000% 0. 00 Non -
Taxable 2, 239. 45 Labor
Total 2, 239, 45 5,
410. 84 Parts
Adjustments0. 00 Tax

8.7500% 473. 45 Non -
Taxable 0. 00 Parts
Total 5. 884. 29 0.
00 0.
00 Wak.
i AvnRt MERCURYSTANOAR)
14724 Page 3 of 5 INS
PrcStk
F+->ro- 21.
0 -14-
Estimate Totals
Taxable 0. 00
Tax 8. 7500% 0. 00
Non -Taxable 0. 00
Costs Total 0, 00
Gross Totals Amount
Gross Total 8, 123. 74 8, 123. 74
Taxable 5, 410, 84
Tax 473. 45
Non - Taxable 2, 239. 45
Gross Total 8, 123. 74
Adjustments Amount
Betterment 1, 214. 77 1, 214. 77
Deductible 500. 00 500. 00
Total Customer 1, 714. 77
Responsibility
Net Estimate Total $ 6, 408. 97
PURSUANT TO CALIFORNIA CODE OF REGULATIONS, TITLE 10, CHAPTER 5, SUBCHAPTER 7.5, SECTION 2695. 8 TH E INSURER WARRANTS THAT ANY

NON -ORIGINAL EQUIPMENT MANUFACTURER PARTS SPECIFIED IN THIS ESTIMATE

AREAT LEAST EQUALTOTHEORIGINAL EQUIPMENT MANUFACTURER PARTS IN TERMS OF KIND, QUALITY, SAFETY, FIT AND PERFORMANCE."
THIS IS NOT AN AUTHORIZATION TO REPAIR. THE UNDERSIGNED REPAIR

FACILITYAGREES TO REPAIR THIS VEHICLE USING INDUSTRYACCEPTED

EQUIPMENT AND METHODS, AND TO COMPLETE AND GUARANTEE SAFE REPAIRS AT A PRICE OF $_ INCLUDING ALL CHARGES. NO SUPPLEMENTS
WILL BE HONORED WITHOUT PRIOR APPROVAL.

SIGNED:

IN THE EVENTTHAT REPAIRS ARE COMMENCED, AND DURING SUCH REPAIRS IT

IS DETERMINED BY MERCURYTHATTH E VEHICLE IS ATOTAL LOSS, THE

UNDERSIGNED SHOP AGREES NOT TO CHARGE STORAGE FEES FROM THE TIMETHE

VEHICLE ARRIVES AT THE SHOP UNTILTHETIME THAT REPAIRS ARE STOPPED DUE TOM ERCURY'STOTAL LOSS DETERMINATION. SIGNED
PRINT
NAME: c
28/
20 3 Mitch Mitchell Cloud Est, matingTM v.. ed rs, 4rc% 28l2M ik/ AsiieKe Page 4 o1, 5 9/ Mitchell Estimating 23.3 Copyright 1994- 9/ 28/ 2023 MERCURYSTANDARD 14724 t14: 26 PM OEM SEP 23 V 2023 Mitchell International, Inc. All Rights Reserved 04: 26 PM INS Vuflk
Vs ., 21.
0 -15-
Disclaimer: For your protection California law requires the following statement to appear on this form. Any person who knowingly presents false or fraudulent information to obtain or amend insurance coverage or to make a claim for the payment of a loss is guilty of a crime and maybe subject to fines and confinement instate prison.

Estimate Event Log
Job Created 9/ 27/ 2023 04:10 PM
Estimate Started 9/ 28/ 2023 09: 04 AM
Estimate Printed 9/ 28/ 2023 04:26 PM
Estimate Committed 9/ 28/ 2023 04: 26 PM
Estimate Version 0
c< ro1-
Gi Vmxn
TM P"([ ' P, d, k "* s V- r
9/ 28/ 2023 Mitchell Estimating 23. 3 MitchellCloud Estimating 9/ 2812023 MERCURY STANDARD 14724 Page 5of5 04:26 PM OEMSEP 23 V Copyright 1994- 294- 2023 Mitchell International. I 04:26 PM INS
ik Vcvd— 21. All Rights Reserved Pri>
0 STAFF REPORT

TO THE CITY COUNCIL
DATE: October 10, 2023
FROM: Joseph Hughes, City Manager
REVIEWED BY: Betty Hughes, MMC, City Clerk
Chuck Dantuono, Director of Administrative Services/City Treasurer Jennifer Arellano, George Hills Company, Claims Adjuster PREPARED BY: Alondra Munoz, Deputy City Clerk
SUBJECT: Claim Consideration — Moises Vasquez
RECOMMENDATION: George Hills Company recommends the City Council reject the claim.

BACKGROUND: The Claim was received in the City Clerk' s Office on August 31, 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
Y" 4 & 1 L---"
Second Agenda Item No.

File No.

City Clerk City Manager
-1-
TT

GEORGE HILLS
Our minds over your matters.

September 28, 2023
Betty Hughes
City of Highland
RE: Our Client:

GHC Claim #:

Claimant:

Date of Loss:

Dear Ms. Hughes:

City of Highland
GHCO062376
Moises Vasquez
August 29, 2023
We have received 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.

If you have any questions, please contact the undersigned.

Kindest Regards,
George Hills Company, Inc.

Jennifer Arellano, Claims Adjuster
jennifer. arellano@georgehills. com
Direct Dial: ( 916) 352. 7793
REV 02/ 22023

Page 1 of 2 ends

-2-
City of
111GHLAND
Inc. 1987
August 31, 2023
Patti Schneiders
Claims Processor
Rancho Cordova Office
PO Box 278
Rancho Cordova, CA 95741
Re: Claimant( s): Moises Vasquez
Incident Date: August 29, 2023
Dear Patti:

Enclosed is a copy of a Claim received and filed in the Office of the City Clerk on August 31, 2023, by the above referenced claimant( s). 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, October 10, 2023, pending your recommendation. All correspondence will be required from George Hills no later than September 28.

If you have any questions, please contact Chuck Dantuono at (909) 864- 6861, ext. 224 or myself at ext. 260.

Sincerely,
i
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 vasquez Itr.docx Mayor Mayor Pro Tem 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 4,111.110 -3-
Do not write in this space.

AUb 3
i
For office use only:

Received:

By: Li.,,, 7":' Nn tf,-
Mail - f, In person

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

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

NOTICE: PER GOVERNMENT CODE SECTION 910.4, THIS FORM MUST BE USED IN ORDER TO COMPLY WITH SECTIONS 910 AND 910. 2 OF THE GOVERNMENT CODE.

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

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

1. Name of Claimant IQ I 6,5 1f(I t 0z 0 `'0
e
a. Complete Address of Claimant, including City, State and Zip Code:
b. Phone Number
C. Date of Birth
-4-
d. Driver' s License/ State Identification Card Number:

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

2. Name, telephone and address to which claimant desires notices to be sent, if other than above:
b
C3. Occurrence or event from whichtheclaim arises: a.

Date of occurrence b.

Time of occurrenceC.

Place of occurrence ( Exact and specific location) Ir1 k 8 a oL ( d.

How and under what circumstances diddamage orinjury occur? Specify the particular occurrence, event, act or omission you claim caused the injury or damage ( use additional paper if necessary). e.

What particular action by the City, or its employees, caused the alleged damage orinjury?
-5-

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".

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

6. Name and address of any other person injured:

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

8. Damages Claimed:
a. Amount claimed as of this date: $ n/ P.
b. Estimate amount of future costs: $
C. Total amount claimed: $
d. Basis for computation of amounts claimed. Include copies of all bills, invoices, estimates, etc.:
-6-

9. Names and addresses of all witnesses, hospitals, doctors, etc. a.
b.

C.
d.
e.

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

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 1 know the same to be true of my own knowledge, except as to those matters stated upon information or belief as to such matters I believe the same to be true. I certify under penalty of perjury that the foregoing is true and correct.

Signed at:

City a
Date: ram%% i, Al " I
Signat f CI imant
Printed name of person signing above
-7-
r ,
-8-

STAFF REPORT

TO THE CITY COUNCIL
DATE: October 10, 2023
FROM: Joseph Hughes, City Manager
REVIEWED BY: Betty Hughes, MMC, City Clerk
PREPARED BY: Alondra Munoz, Deputy City Clerk
SUBJECT: Records Destruction Authorization
RECOMMENDATION: That the City Council approve the destruction of certain records.

FISCAL IMPACT: Minimal — utilizing existing service with Shred -It.

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

BACKGROUND: In compliance with the city-wide records retention schedule adopted by the City Council on February 25, 2020, the City Clerk requests approval to destroy the records.

The list has been reviewed and approved by the City Attorney.

The following records shall be retained for two years after current year and may be subsequently destroyed. Staff is requesting approval be given to destroy records in this category which are dated for 1987- 2015.

1. Affidavits of Publications/ Public Hearing Notices
The following records shall be retained for ten years after the project is completed and may be subsequently destroyed. Staff is requesting approval be given to destroy records in this category which are dated for 1987- 2010.

1. Capital Improvement Projects, Administration Files ( City Clerk' s office) records destruction staff reports\ destroy records 10. 10. 23 stf rep. doc Approved Motion Second
Denied Ayes
Continued Noes
Tabled Abstain
Absent
AZI L__
City Clerk
Agenda Item No.

File No.
-1-
xr
r; CITY OF HIGHLAND
JIitti' RECORDS DESTRUCTION FORM
DEPARTMENT/ DIVISION Total # of Boxes:

City Clerk 8
DEPARTMENT HEAD APPROVAL:

I hereby certify that the records to be disposed of are in compliance with the current retention schedule for the City of Highland. I certify these records are not the subject of any claim, litigation, investigation or audit.

Department Head Signature Date
DESTRUCTION METHOD:

The scheduled records listed below are to be disposed of in the manner checked below:
2 Shredding ( outside vendor)
Discard
A.

Description of Record( s)
B.

Inclusive Dates of
Documents
Affidavit of Publications/ Public Hearing Notices 1987- 2015 Capital Improvement Projects, Administration Files ( City Clerk' s office) 1987- 2010 APPROVALS:

City Attorney Date
I certify that such destruction meets the requirements of the City' s Records Retention Schedule approved by City Council Resolution No. 2020- 008.

City Clerk Date
C:\ MyFiles\ WPDATA\ Forms\ destroy records and disposal form. wpd -2-

STAFF REPORT

TO THE CITY COUNCIL
DATE: October 10, 2023
FROM: Joseph Hughes, City Manager
REVIEWED BY: 61tarlos Zamano, Public Works Director/ City Engineer PREPARED BY: Sonja Flynn, Engineering Technician II
SUBJECT: KOA Contract Amendment for Professional Services — Highland/ Redlands Regional Connector Project (Project No. str15002)
RECOMMENDATION: It is recommended that the City Council approve a contract amendment to the Professional Services Agreement with KOA Corporation (KOA) to extend the term of the contract until the Highland/ Redlands Regional Connector Project (Phase 2) is completed.

FISCAL IMPACT: There is no fiscal impact associated with this second contract amendment.

PUBLIC NOTICE: Notices of Council Meeting agenda were posted at the three locations required by resolution.

BACKGROUND: The Highland/ Redlands Regional Connector is a regionally significant project that proposes to construct bicycle and pedestrian improvements within the cities of Highland and Redlands, generally from Citrus Valley High School in Redlands to Arroyo Verde Elementary School in Highland. ( See attached project location map.) The project includes roadway widening on Pioneer Street and Orange Street/ Boulder Avenue, and bikeway construction on Pioneer Street, Orange Street/ Boulder Avenue, Streater Drive/ Glenheather Drive/ Love Street, and in an easement between Orange Street and Glenheather Drive along the north boundary of the Village Lakes Subdivision.

Specific improvements to be constructed at various selected locations include curbs and gutters, curb ramps, median curbs, sidewalks, pavement widening, pavement rehabilitation, slurry seal, pavement markings and striping, sharrows, on -street bike lanes, off- street bikeway/ pedestrian paths, bicycle/ pedestrian bridge, bike/ pedestrian path lighting, bollards, Approved Motion
Denied Ayes
Continued Noes
Tabled Abstain
Absent
Second Agenda Item No.

File No.

City Clerk City Manager
-1-
bike racks, bike signals, in -roadway bicycle detection, pedestrian heads, enhanced crosswalks, warning beacons, roadway and bikeway signage, and speed feedback signs.

This project ran into significant challenges during the permitting phase with the California Department of Fish and Wildlife ( CDFW). CDFW was imposing 31 acres in mitigation for temporary and permanent impacts to the San Bernardino Kangaroo Rat ( SBKR). The estimated cost for the environmental mitigation from CDFW was more than the estimated construction cost. Due to this issue, the cities of Highland and Redlands were forced to forfeit the federal Cycle 2 Active Transportation Program ( ATP) grant.

In an attempt to ensure the project is completed, SBCTA worked with the cities of Highland and Redlands to split the project into three separate phases, see attached SBCTA map. Phase 3 is the portion of the project on Orange Street that is entirely within the environmental sensitivity area and subject to SBKR permitting with CDFW. Phases 1 and 2 are within each jurisdiction.

Phase 2 of the project in Highland includes construction of 1 mile of new Class II and III bicycle lanes. Construction will be on Orange St. from Greenspot Rd. to Eucalyptus Ave. ( Class II), Orange St. from Eucalyptus Ave. to Tonner Dr. ( Class III), Tonner Dr. from Orange St. to Streater Dr. ( Class III), Streater Dr. from Base Line to Glenheather Dr. ( Class II and III), Glenheather Dr. from Streater Dr. to Church St./ Love St. (Class II and III), and on Love St. from Church St. to Elder Gulch Paseo ( Class III). To further assist Highland and Redlands with Phases 1 and 2, SBCTA provided funding underthe federal Carbon Reduction Program ( CRP) grant. The total estimated project cost for Phase 2 in Highland is $ 852, 200, and $ 701, 913 82%) will be paid for by the federal CRP grant. Highland' s share of $ 150, 287 ( 18%) will be paid for by City Measure I Local Street Pass-thru funds.

On January 8, 2019, the City Council approved Supplement No. 3 to the Professional Services Agreement with KOA to provide additional environmental and engineering services for the Highland/ Redlands Regional Connector Project. Approval was also given to authorize the City Manager to approve contract amendments up to 10% of the revised contract amount. The services needed by KOA to complete the environmental and design services for Phase 2 of the project will be completed within the 10% contingency of the revised contract amount. Because this project is taking longer than anticipated, it is necessary to extend the term of the contract with KOA until the project is completed. All other terms, conditions and provisions of the original contract will remain in full force and effect.

Attachments: Location Map
SBCTA Map
Contract Amendment
M:\ PUBWRK\ strl5002 Highland -Redlands Regional Connector\ City Council\ KOA Amendment Staff Report 10- 10- 23 -2-
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Project No. STR15002
August, 2017
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Tract: 6071007800
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SECOND AMENDMENT TO

AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN

CITY OF HIGHLAND AND KOA CORPORATION ( KOA)
This Amendment to the Agreement for Professional Services is made and entered into the l0a' day of October, 2023, by and between the CITY OF HIGHLAND (" City") and KOA Corporation KOA).

KOA entered into an Agreement on February 14, 2017 with the City to provide Professional Engineering and Environmental Services for the Highland/Redlands Regional Connector Project.

Payment for services in the Agreement provides an authorized amount of $620,514.77 unless otherwise approved by the City. On January 8, 2019, the City approved Supplement No. 3 for KOA to provide additional environmental and engineering services at a not -to -exceed amount of 852, 934. 24.

The City and KOA desire to further amend the Agreement to extend the term of the contract until the Highland/ Redlands Regional Connector Project is completed.

THIS AMENDMENT ALTERS THE AGREEMENT AS FOLLOWS:

1. The term of the Agreement is extended until the Project is completed.

2. 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 February 14, 2017, shall control the respective rights and obligations ofthe parties hereto.

CITY OF HIGHLAND CONSULTANT:

By:

Larry McCallon, Mayor
ATTEST: By:

Betty Hughes, City Clerk
Print Name and Title Below
Print Name and Title Below
-5-

STAFF REPORT

TO THE CITY COUNCIL
DATE: October 10, 2023
FROM: Joseph Hughes, City Manager
REVIEWED BY: 0-,Carlos Zamano, Public Works Director/ City Engineer PREPARED BY: * Sonja Flynn, Engineering Technician II
SUBJECT: Notice of Completion — Bid No. 2022- 05, " Pacific Street Pavement Rehabilitation from Victoria Avenue to Church Avenue" ( Project str20002a) RECOMMENDATION: It is recommended that the City Council:

1. Accept Bid No. 2022- 05 " Pacific Street Pavement Rehabilitation from Victoria Avenue to Church Avenue ( Project str20002a)" as complete;

2. Authorize the Mayor to sign the Notice of Completion; and

3. Direct the City Clerk to file the Notice of Completion.

FISCAL IMPACT: The original contract amount was $ 1, 591, 795. 00. The final contract amount is $ 1, 685, 235. 09 with a $ 93, 440. 09 ( 5. 9%) increase based on final quantities.

Construction of this project is funded by the following funding sources:

SB1 Gas Tax (FY 2022- 23) $ 778, 074
General Capital Financing — Pavement Impact Fee $ 30, 277. 06 City of San Bernardino $ 857,204.03
East Valley Water District $ 19, 680. 00
1, 685,235.09
PUBLIC NOTICE: The Notice Inviting Bids was advertised on two newspapers and a number of trade papers.

BACKGROUND: Project No. str20002a encompasses pavement rehabilitation of Pacific Street from Palm Avenue to Church Avenue within the cities of Highland and San Bernardino. Two cooperative agreements were executed on May 10, 2016 and September 24, 2018 by both Approved Motion Second
Denied Ayes
Continued Noes
Tabled Abstain
Absent
City Clerk
Agenda Item No. to
File No
City Knager
-1-
agencies for this project. Highland is serving as the lead agency and San Bernardino is paying their fair share of the construction costs.

This project involves pavement grinding, pavement, aggregate base and subbase removal and replacement, asphalt hot -mix installation, and new signing and striping. It also includes minor PCC sidewalk, AC dike, AC driveway ramp, PCC ramp and PCC curb and gutter removal and replacement. The project also included pavement rehabilitation on Palm Avenue from the south City limit to approximately 1, 000' north.

Construction of the project has been completed by the contractor, Matich Corporation, and the project is ready for City Council acceptance.

Attachments: Vicinity Map
Notice of Completion
M:\ PUBWRK\ str20002 Pacific Street Pavement Rehabilitation -Phase 1 ( Historic District)\ str20002A - Pacific St. Pavement Rehab ( Palm - Church Ave.)_\ Construction\ Notice of Completion Stf Rpt 10. 10. 23. doc
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RECORDING REQUESTED BY &
WHEN RECORDED MAIL TO:

CITY CLERK

CITY OF HIGHLAND
27215 BASE LINE
HIGHLAND, CA 92346
No APN

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is owner or agent of the owner of the interest or estate stated below in the property hereinafter described.

2. The full name ofthe owner is City of Highland.

3. The full address ofthe owner is 27215 Base Line, Highland, CA 92346.

4. All work of improvement on the property hereinafter described was substantially completed on or before August 2, 2023.

5. The work of improvement completed is described as follows: Bid No. 2022- 05, Pacific Street Pavement Rehabilitation from Victoria Avenue to Church Avenue" City Project No. str20002a).

6. The name of the original contractor for such work of improvement is Matich Corporation.

7. The property on which said work of improvement is located at Pacific Street from Victoria Ave to Church Avenue within the City of Highland.

DATE: October 10, 2023
Larry McCallon
Mayor, City of Highland
I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the Mayor of the aforesaid interest or estate in the property described in the above notice; that I have read the said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.

October 10, 2023; Highland, CA
Date and Place Larry McCallon
Mayor, City of Highland
-4-

STAFF REPORT

TO THE CITY COUNCIL
DATE: October 10, 2023
FROM: Joseph Hughes, City Manager
REVIEWED BY: Carlos Zamano, Public Works Director/ City Engineer Gy PREPARED BY: Jim Richardson, Public Works Manager
SUBJECT: Contract Renewal — 2022- 06 Highland HVAC Systems Maintenance, Monitoring, and Repair Contract.

RECOMMENDATION: That the City Council approve extension of the HVAC Systems Maintenance, Monitoring, and Repair Contract with F. M. Thomas Air Conditioning, Inc., for one year.

FISCAL IMPACT: There will be no increase associated with this contract renewal. The total contract amount is $ 68, 176. Sufficient funding is included in the current 2023- 2025 budget.

PUBLIC NOTICE: There was no need to advertise the contract for public bids. The City is simply exercising the option specified in the existing contract at this time. Notices of the City Council agenda were posted at the three locations per Resolution No. 2011- 047 and on the City's website.

BACKGROUND: The City currently has a maintenance contract with F. M. Thomas Air Conditioning to provide quarterly maintenance, monitoring, and on call repair services at the Police Station, YMCA/ Athletic Center, and Library.

F. M. Thomas' s work has been satisfactory, and the contract agreement allows for 4 one-year extensions. This is the first one-year contract extension and the contractor has agreed to renew their contract with the City for one year with no increase to the contract amount.

MAMaintenance\ City Hall\ HVAC Maintenance\ 2022- 06 HVAC Systems Maintenacne Contract Renewal 2023. doc Approved Motion Second Agenda Item No.

Denied Ayes
Continued Noes File No.

Tabled Abstain
Absent
G
City Clerk City Manager
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STAFF REPORT

TO THE CITY COUNCIL
DATE: October 10, 2023
FROM: Joseph A. Hughes, City Manager
REVIEWED BY: Carlos Zamano, Public Works Director/ City Engineer GZ PREPARED BY: Jay Tuttle IV, Assistant Engineer--<
SUBJECT: Easement Acceptance/ Manoutchehr and Kamyar Khorshidi for "Victoria Square" Commercial/ Retail Project. ( Southeast Corner of Victoria Ave. and Pacific Street) RECOMMENDATION: That the City Council ( 1) accept the Grant of Easement for Road and Drainage purposes from Manoutchehr and Kamyar Khorshidi, and ( 2) direct the City Clerk to record the Grant of Easement.

FISCAL IMPACT: None
PUBLIC NOTICE: The agenda for this item was posted at the three locations per Resolution No. 2011- 047 and on the City's website.

BACKGROUND: The Conditions of Approval for " Victoria Square", ( CUP 019- 001) a Commercial/ Retail project at the Southeast Corner of Victoria Ave. and Pacific Street, requires a Road and Drainage Easement for dedication of additional Right -of -Way on the east side side of Victoria Avenue, south of Pacific Street and at the southeast corner of Victoria Avenue and Pacific Street, to meet the City' s current Right -of -Way requirements and to accommodate future street improvements along the project frontage on Victoria Avenue. The Grant of Easement from the owners, Manoutchehr and Kamyar Khorshidi, is ready for City Council acceptance.

Attachments: ( 1) Vicinity Map
2) Assessor' s Parcel Map
3) Grant of Easement Deed
4) Right -of -Way Dedication Legal Description & Plat
LAEngineering_ Backup\ 030173017 - CUP 19- 001 - Victoria Square\ 3017 11 ROW Ded staff report. doc Approved Motion
Denied Ayes
Continued Noes
Tabled Abstain
Absent
Second Agenda Item No.

File No.

City Clerk City Manager
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RECORDING REQUESTED BY:

WHEN RECORDED MAIL TO:

CITY CLERK

CITY OF HIGHLAND
27215 BASE LINE
HIGHLAND, CA 92346
No fee per GC 6103
Document Transfer Tax: $ 0

SPACE ABOVE THIS LINE FOR RECORDERS USE
APN: 1191- 351- 01

GRANT OF EASEMENT

ROAD AND DRAINAGE)
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Manoutchehr Khorshidi and Kamyar Khorshidi, as joint owners.

Hereby GRANT( S) to the City of Highland, a Municipal Corporation, an easement for roads, drainage, and public utility purposes upon, under, over, and across the real property in the City of Highland, County of San Bernardino, State of California, described as:

DATED:

DATED
SEE EXHIBITS " A" AND " B"
2 -2023
q - 2 -2D2

ATTACHED HERETO AND MADE A PAR
Manou c e r h rshidi
Kamyar Khorshidi
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA)

COUNTY OF SAN BERNARDINO)
On M before
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personally appeared Orl r
who proved to me on the basis of satisfacto vidence to be the person( whose name s r subscribed to the within instrument and acknowledged to me thatslZ
executed the same in his/ her/ authorized capacity( ies), and that by his/ her/ ei signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
ignature
0 ALONDRA MUNOZ
Notary Public • California
San Sernardino County _
Commission > 1e53322
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L:\ Engineering_ Backup\ 030173017 - CUP 019- 001 - Victoria Square - SEC Victoria & Pacific\ 3017 11 LDR 23- 001 ROW Ded Victoria Ave- Khorshidi GOE. docx
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EXHIBIT " A"

STREET RIGHT- OF- WAY DEDICATION

LEGAL DESCRIPTION
THAT PORTION OF THE NORTH ONE HALF OF THE WEST ONE HALF OF LOT 1, BLOCK 1, OF

HIM BEERS SUBDIVISION, IN THE CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, FILED NOVEMBER 23, 1882 IN BOOK 1, PAGE 53 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF THAT CERTAIN PARCEL DESCRIBED IN EASEMENT DEED TO THE CITY OF HIGHLAND BY DOCUMENT RECORDED MAY 17, 1994 AS DOCUMENT NUMBER 1994- 226314;
THENCE SOUTHWESTERLY ALONG SAID EASEMENT DEED SOUTH 44`56' 52 WEST, A DISTANCE OF

26. 79 FEET TO AN ANGLE IN SAID DEED;
THENCE ALONG THE EASTERLY LINE OF SAID DEED SOUTH 00°06' 15", A DISTANCE OF 328. 36 FEET TO THE SOUTHEAST CORNER OF SAID DEED.

THENCE SOUTH 90` 00' 00" EAST, A DISTANCE OF 8. 00 FEET TO A LINE PARALLEL WITH AND DISTANT 8. 00 FEET EASTERLY, AS MEASURED AT RIGHT ANGLES TO, THE EASTERLY LINE OF SAID DEED;
THENCE ALONG SAID PARALLEL LINE, NORTH 00°06' 15" WEST, A DISTANCE OF 282. 10 FEET TO A LINE PARALLEL WITH AND DISTANT 8. 00 FEET SOUTHEASTERLY, AS MEASURED AT RIGHT ANGLES TO, THE SOUTHEASTERLY LINE OF SAID DEED;
THENCE ALONG SAID PARALLEL LINE, NORTH 44' 56' 52" EAST, A DISTANCE OF 31. 46 FEET TO THE SOUTHERLY RIGHT—OF—WAY LINE OF PACIFIC STREET ( 44. 00 FOOT SOUTHERLY HALF —WIDTH);
THENCE ALONG SAID RIGHT— OF— WAY LINE, SOUTH 90°00' 00" WEST, A DISTANCE OF 11. 30 FEET TO THE POINT OF BEGINNING.

CONTAINS 2, 503 SQUARE FEET, MORE OR LESS.

SEE EXHIBIT " B" ATTACHED HERETO FOR A PLAT DEPICTING THE ABOVE DESCRIBED PROPERTY

SUBJECT TO ALL EXISTING CONDITIONS, RESERVATIONS, RESTRICTIONS, EASEMENTS, OFFERS OF DEDICATIONS, RIGHTS AND RIGHT OF WAYS OF RECORD, IF ANY.

THIS LEGAL DESCRIPTION AND PLAT WAS PREPARED BY ME OR UNDER MY SUPERVISION QROf ESS/ p\

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EEO A. AGUILERA, R. C. E. C- 31397 DATE 08 18 2023
EXP. 12/ 31/ 24
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KHORSHIDI K & MANOUTCHEHR
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1860 LOMA VISTA DR,
BEVERLY HILLS, CA 90210

ASSESSOR' S PARCELS NUMBER
1 191— 351- 01
TITLE: STREET DEDICATION
DATE OF PREPARATION: 08/ 18/ 2023
MAP PREPARED BY:

CIVIL ENGINEERING DIVISION
322 W. ORANGE SHOW LANE.

SAN BERNARDINO, CA. 92408
TEL: ( 909) 3888-- 72200 FAX: ( 909) 388- 2100
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LEO A. AGUILERA, R. C. E. C- 31397 DATE 12/ 31/ 24
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-6-

STAFF REPORT

TO THE CITY COUNCIL
DATE: October 10, 2023
FROM: Joseph A. Hughes, City Manager
REVIEWED BY: Lawrence A. Mainez, Community Development Director & Kim Stater, Assistant Community Development Director
PREPARED BY: Angela Tafolla, Associate Planner
SUBJECT: Selection of an Event Date and Budget for the 26th Annual Citrus Harvest Festival
RECOMMENDATION: The Historic and Cultural Preservation Board recommends the City Council:

1. Select March 30, 2024, as the Event Date for the Citrus Harvest Festival with a Rain Date of April 6, 2024; and

2. Adopt the Budget
FISCAL REVIEW: The Festival Account has a balance of $1, 401. 47. Separately, the Home tour Account has a balance of $1, 639. 91. All expenses from the prior year have been paid and these funds are available to utilize.

Attached is Budget for the 2024 Citrus Harvest Festival ( Attachment 1). Expenses are estimated to be $ 15, 350 while expected revenues are $ 15, 400.

The Budget does not reflect a Rain Date contingency or Staffs time. Costs associated with a Rain Date are approximately $ 6, 000 for re -advertising, vendor cancellations and modifications to entertainment and paid demonstrators.

Traditionally, staff time is not charged to the CHF fund. Planning, Public Works and Finance Departments spend many hours on the event. Personnel costs are estimated at $ 18, 000.

Approved Motion Second Agenda Item No.

Denied Ayes
Continued Noes File No.

Tabled Abstain
Absent
City Clerk City Manager
-1-
PROJECT REVIEW: Consistent with the traditional citrus harvesting seasons, the Board recommends the Festival be held on March 30, 2024, with a Rain Date the following week, April 6, 2024.

ATTACHMENTS: 1) Budget for 2024 Citrus Harvest Festival -2-
2024 Citrus Harvest Festival Draft Budget

FESTIVAL EXPENDITURES
Item / Description 2024 Budget 2023
Advertising — Print Media Sponsor 0 N/A
Advertising - Redlands Daily Facts / SB Sun 1, 250 1200 Advertising - East Highlands Ranch Newsletter 700 680
Peach Jar' School District Electronic Newsletter 500 475 Hot 103. 9 Radio Advertisement & Live Remote 1800 1, 800 Historic Demonstrators/ Exhibitors ( 17 x $ 200 ea) 1600 1, 650 Entertainment DJ & MC ( Highland Music Co. $ 1, 300) 1500 1, 300 Bands ( Roy Orbison) 250 250
Balloons street decorations 1, 200 1, 196
Insurance 1, 800 1, 736
Street Banner over Base Line ( date modification) 0 0
Portable toilets 1, 100 1, 042
Posters Boards ($ 800), Flyers ($ 85), print marketing materials 600 585 Mobile Stage ( Towing) 0 0
Paper materials, copying, postage 500 356
Tables w/ umbrella & chairs for food court & stage area 800 740 Signs for parking & festival activities 0 0
Contest ribbons ( 126) & Plaques ( 2 Honorees + 4 Home Restoration) 550 560 Kid' s activities 100 100
Miscellaneous supplies ( Game Truck) 300 200
Staff shirts ( 4 x $ 25) 100 100
Contest materials 200 181
Car show dash plaques 500 335
TOTAL 15, 350 14, 312
Item / Description 2024 Budget 2023
Sponsorship 11, 000 10,850
Retail vendor Booth spaces ( 70 x $ 40) ( 63 in 2023) 2, 800 2, 740 Food vendor booth spaces ( 8 x $200) ( 7 in 2023) 1, 600 1, 410 TOTAL 15, 400 15,000
CURRENT BALANCE: $ 1, 401 1 PROJECTED BALANCE: $ 1, 451 -3-

STAFF REPORT

TO THE CITY COUNCIL
DATE: October 10, 2023
FROM: Joseph A. Hughes, City Manager ,
mil
PREPARED BY: Matt Bennett, Assistant Public Works Director i
REVIEWED BY: Carlos Zamano, Public Works Director/ City Engineer GZ SUBJECT: Conduct a Second Reading of Ordinance No. 461, an Ordinance adding a new Chapter 3. 36 " Development Impact Fees" to Title 3 ( Revenue and Finance) of the Highland Municipal Code Codifying, Updating and Amending the City' s Comprehensive System of Development Impact Fees, Superseding Ordinance Nos. 309 and 422, and Making Determinations Under the CEQA
RECOMMENDATION: Staff recommends that the City Council conduct a second reading, read by title only and waiving further reading of an ordinance codifying, updating and amending the City' s comprehensive system of development impact fees, superseding Ordinance Nos. 309 and 422, and making determinations under the CEQA.

PREVIOUS ACTION: On September 12, 2023, the City Council conducted the first reading and discussed the subject Ordinance, and a modification was made to change the effective date of the Subdivided 2023 and Non -Subdivided 2023 Development Impact Fees to April 1, 2024.

Ordinance No. 461 was revised with this minor change as directed by City Council ( See Attachment 1).

FISCAL IMPACT: The total estimated cost of public infrastructure needed to support continued growth within the City is $ 123. 4 million. Adoption of the Ordinance will raise $ 94. 2 million or

76. 3% of the total cost. The proposed 2023 DIF Schedules are attached.

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

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

File No.

City Clerk City Manager
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BACKGROUND: The First Reding of Ordinance No. 461 was held at the Sept. 12t", 2023 City Council meeting. City staff presented an overview of the comprehensive 2023 DIF Report dated August 28, 2023. At that meeting City Council heard a request from TREH Partners XV, LLC to lock their DIF for their pending development off Greenspot Road and east of SR- 210. Instead of offering the single development a lock at the prior DIF last adjusted on April of 2021 by Resolution Nos. 2021- 007 and No. 2021- 008, City Council directed staff to revise Ordinance No. 461 and the Proposed 2023 DIF schedules for Subdivided and Non -Subdivided Development See Attachment 4), such that the updated DIF schedules would go into effect on April 1, 2024 to give all development 6 months to adjust to the new DIF tables.

On September 12, 2023 City Council adopted the Resolution 2023- 040 and Resolution 2023- 041 fee resolutions per Attachments 2 and 3). 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. However, based on City Council direction given on September 12, 2023, the fee resolutions and Ordinance 461 shall go into effect on April 1, 2024.

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. With Ordinance No. 461, development impact fees will be locked in at the date the building permit is applied for and the approved resolutions allow for the locking in of fees.

Public Comments
On September 25, 2023, the City received a letter from Desert Valleys Builders Association DVBA), see Attachment 5. DVBA acknowledged the interaction with City staff of the revised City' s 2023 DIF Report dated August 28, 2023 which addressed their list of questions and concerns. DVBA representative Gretchen Gutierrez, Chief Executive Officer had no further comments or concerns with the 2023 DIF Report.

Attachments:

1. Revised Ordinance No. 461

2. Resolution 2023- 40

3. Resolution 2023- 41

4. Proposed 2023 DIF Schedules

5. DVBA letter dated September 25, 2023
MADIF\ DIF 2023\ DIF 2023 Study\ Staff report\ DIF Update 2nd Reading 10- 10- 23 Staff Report. doc -2-
ATTACHMENT 1
REVISED ORDINANCE NO. 461
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ORDINANCE NO. 461

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA, ADDING A NEW CHAPTER 3. 36 " DEVELOPMENT IMPACT FEES" TO TITLE 3 ( REVENUE AND FINANCE) OF THE HIGHLAND MUNICIPAL CODE

CODIFYING, UPDATING AND AMENDING THE CITY' S COMPREHENSIVE SYSTEM OF DEVELOPMENT IMPACT FEES, SUPERSEDING ORDINANCE NOS. 309 AND 422, AND MAKING DETERMINATIONS UNDER THE 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 the public facilities necessary to serve that new development; and WHEREAS, in 1992 the City Council adopted Ordinance No 151, establishing a comprehensive system of development impact fees; and
WHEREAS, in Ordinance No. 151 the City recognized the need to regularly revise and update the development impact fees and the basis for the imposition and collection of the fees as new development occurs and consistent with the requirements of the law; and WHEREAS, in 1992 and 1998 the City Council adopted Resolution 92- 108 and Resolution 98- 26 respectively establishing the development impact fees to be imposed and collected pursuant to the authority of Ordinance No 151; and
WHEREAS, in 2006, the City undertook a comprehensive update to the City's development impact fee program, including the adoption of a new nexus study that was prepared by Revenue Cost Specialists, LLC and the adoption of Ordinance No. 309 by which the City adopted new findings and definitions, imposed development impact fees, provided for annual adjustments in the fees, set forth requirements for the time of the payment of development impact fees, the processes for reduction and waiver, establishment of separate accounts and other matters for the operation of the City' s development impact fee program; and
WHEREAS, in 2018, the City Council adopted Ordinance No. 422 by which the City amended Ordinance No. 309 to revise the text of Section 8 pertaining to when development impact fees are to be paid; and
WHEREAS, the City desires to adopt an updated nexus study and establish new dollar amounts for the City' s existing development impact fee categories so as to ensure that new development projects appropriately fund the costs associated with the demand for certain public facilities throughout the City that is caused by that new development; and WHEREAS, the need to collect fees on new residential construction to mitigate the impact on park and recreation facilities and to fund park facilities development costs, is separate from, and in addition to, the fees and costs for park land acquisition provided by the City' s Quimby Act Ordinance as provided in Chapter 16. 40. 200 of the Highland Municipal Code; and
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WHEREAS, it is appropriate for new development to pay for improvements and developments proportionate to the demands the new development places on the City' s public infrastructure; and
WHEREAS, pursuant to Government Code Section 66001, the City prepared a study entitled " Development Impact Fee Calculation and Nexus Report for the City of Highland, California", dated August 28, 2023, which is defined herein as the " 2023 DIF Report" to identify the purpose of each existing and proposed fee, the use to which the fee is to be put, establish and explain how there is a reasonable relationship between the fee' s use and the type of development project on which the fee is to be imposed, and how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed.

The 2023 DIF Report is incorporated herein by this reference; and WHEREAS, the currently existing development impact fees have been updated to reflect the needs of the City related to new development and to otherwise comply with the requirements of the Mitigation Fee Act, including but not limited to Government Code Section 66001 et seq.; and
WHEREAS, pursuant to provisions of the Measure 1 ( 2010 - 2040) Ordinance approved by San Bernardino County voters in November 2004, each city in San Bernardino County must adopt a development mitigation program to require new development pays its fair share for regional transportation infrastructure; and
WHEREAS, based on a Nexus Study for the regional transportation fee, SBCTA has set a fair share requirement for each local agency for regional transportation infrastructure; and 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 Ordinance No. 461

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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
WHEREAS, on September 12, 2023 the City Council held a noticed public hearing to consider the City' s proposed new development fees at which time all interested persons were given an opportunity to comment; and
WHEREAS, concurrent with the consideration of this Ordinance, the City Council considered, and by Resolution No. 2023-040 adopted, the 2023 DIF Report that contains and addresses all the required contents required by the Mitigation Fee Act, including the demonstration of the reasonable relationship between the proposed fee' s use and the type of development project on which the fee will be imposed. Resolution No. 2023- 040 ( the Fee Resolution") also adopted updated development impact fees; and WHEREAS, the City seeks to codify the development impact fee program in its Municipal Code so it can be more easily accessible.

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

Section 1. Recitals. The City Council hereby finds that all the facts set forth in the Recitals above are true and correct.

Section 2. Environmental Review. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (" CEQA"). The adoption of this ordinance is not a project within the meaning of the CEQA Guidelines Section 15378( b)( 4) and 15061( b)( 3) as it has no potential for physical effects on the environment because it involves an adoption of certain fees and/ or charges imposed by the City, does not commit the City to any specific project, and said fees and/ or charges are applicable to future development projects and/ or activities, each of which future projects and/ or activities will be fully evaluated in full compliance with CEQA when sufficient physical details regarding said projects and/ or activities are available to permit meaningful CEQA review ( see CEQA Guidelines, Section 15004( b)( 1)). Pursuant to CEQA Guidelines Section 15378( b)( 4), the creation of government funding mechanisms which do not involve any commitment to any specific project which may cause significant effect on the environment, is not defined as a " project" under CEQA.

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Therefore, approval of the fees and/ or charges is not a " project" for purposes of CEQA, pursuant to CEQA Guidelines Section 15378(b)( 4); and, even if considered a " project" under CEQA, is exempt from CEQA review pursuant to CEQA Guidelines Section 15061( b)( 3) because it can be seen with certainty that there is no possibility that approval of the fees and/ or charges may have a significant effect on the environment.

Section 3. Findings. The City Council makes the following additional findings:
a) The City Council finds, after consideration of the evidence presented to it including the " 2023 DIF Report," that the development impact fees need to be adjusted in order to assure that there are sufficient funds available to finance the public facilities necessary to serve new development within the City of Highland through the imposition, collection and use of development impact fee impact fees. b) The City Council finds, based on the evidence presented at the public hearing, and consistent with the City' s General Plan, that the imposition of impact fees on all development within the City of Highland shall be calculated at the time building permit applications are submitted to allow development projects to lock in the rate. c) The City Council finds that the fees imposed by this Ordinance and specified in the Fee Resolution to be adopted in connection with this Ordinance and development impact fee update, do not exceed the estimated cost of providing the public facilities.

Section 4. The City Council hereby adds a new Chapter 3. 36 " Development Impact Fees" to Title 3 ( Revenue and Finance) of the Highland Municipal Code to read as follows:

Chapter 3. 36 Development Impact Fees
Section 3. 36. 010 Purpose.

Section 3. 36. 020 Definitions.

Section 3. 36. 030 Establishment of Development Impact Fees.

Section 3. 36. 040 Fee Adjustments.

Section 3. 36. 050 Creation of Special Accounts.

Section 3. 36. 060 Land Use to Compute the Fee.

Section 3. 36. 070 Payment of the fee.

Section 3. 36. 080 Development Impact Fee Exemptions and Exceptions.

Section 3. 36. 090 Developer Construction of Facilities.

Section 3. 36. 100 Calculation of Development Impact Fee Based Upon Special Circumstances Related to Intensity of Use.

Section 3. 36. 110 Application to Waive, Adjust, or Reduce Fees.

Section 3. 36. 010 Purpose.

A. The intent of the city is to require every person who develops land to mitigate the impacts of that development on the city' s public facilities. The city will therefore require developers to pay a development impact fee that will assist in meeting the demand for public facilities caused by development. The public facilities will be constructed in accordance with a Master Facilities Plan adopted by resolution of the City Council.

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B. A Development Impact Fee Calculation and Nexus Report for the City of Highland, California dated August 28, 2023, (" 2023 DIF Report") was prepared to identify the purpose of each existing and proposed fee, the use to which the fee is to be put, establish and explain how there is a reasonable relationship between the fee' s use and the type of development project on which the fee is to be imposed, and how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed.

C. The amount of the development impact fees collected pursuant to this chapter shall be limited to the cost of public facilities attributable to new development. The amount of the public facilities development impact fees collected shall not include the cost of public facilities that serve existing development.

Section 3. 36. 020 Definitions.

For purposes of this Ordinance, the following terms, phrases, words, and their derivation shall have the meanings respectively ascribed to them by this section.

A. " Development Project" means any project undertaken for the purpose of development. " Development Project" shall include a project involving the issuance of a permit for construction or reconstruction, remodeling, or any work requiring any permit under the ordinances of the City, including the provisions of Title 16 " Land Use and Development" of the Highland Municipal Code. The term " Development Project" shall also include permits for erection of manufactured housing or structures, and structures moved into the City.

B. " Fee" means a monetary exaction, other than a tax or special assessment, which is charged by the City to an applicant in connection with the approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include fees specified in Section 66477 of the Government Code, nor fees for processing applications for regulatory actions or approvals, nor fees collected under development agreements.

C. " Public Facilities" includes public improvements, public services, and community amenities.

Section 3. 36. 030 Establishment of Development Impact Fees.

A. Development impact fees are hereby established in the following categories1) 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;
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6) General Facilities, Vehicles and Equipment;
7) Library Facility and Collection;
8) Public Use ( Community Center) Facilities; and
9) Park Facilities Development.

B. The fees shall be collected as a condition of issuance of building occupancy for development within the City to finance the cost of certain identified public facilities and improvements required by new development as identified in the 2023 DIF Report.

C. The City Council shall, by a City Council Fee Resolution, set forth the specific amount of the fees, describe the benefit and impact area on which the development impact fees are imposed, list the specific public improvements to be financed, describe the estimated cost of these facilities, describe the reasonable relationship between these fees and the various types of new developments and set forth the time for payment.

D. The City Council shall periodically review these fees to determine whether the fee amounts are reasonably related to the impacts of development and whether the described public facilities are still needed. The City Council shall make findings with respect to any portion of the fee remaining unexpended or uncommitted in its account five ( 5) or more years after deposit of the fees to identify the purpose to which the fees are to be put and to demonstrate a reasonable relationship between the fee and the purpose for which they were charged, consistent with the requirements of Government Code Section 66001( d), e) and ( f).

Section 3. 36. 040 Fee Adjustments.

A. The fees imposed by this Chapter shall be adjusted annually in April of each year, beginning April 2025 using the California Construction Cost Index. This adjustment shall not apply to fees which are based on variable factors which result in automatic adjustments or those which specifically indicate otherwise and shall be subject to the requirements of Government Code Section 66018 or otherwise as required by law.

B. The amount of each category of fee established pursuant to this Ordinance may be more specifically set and adjusted periodically by resolution of the City Council, with this Ordinance being considered as enabling and directive.

Section 3. 36. 050 Creation of Special Accounts.

Each fee collected pursuant to this Ordinance shall be deposited in a special account created to hold the revenue generated by each such fee, consistent with the requirements of Government Code Section 66006. Monies within each such account may be expended only by appropriation by the City Council for specific projects which are of the same category as that for which the money was collected.

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Section 3. 36.060 Land Use to Compute Fee. All development impact fees identified in Section 3. 36. 030 and the amounts specified in the Fee Resolution are to be imposed on new development based on land use ( not zoning) of the proposed development.

For purposes of this Ordinance, the following land use designations shall apply:

A. Detached Dwelling: Projects consisting of detached residential buildings as allowed within the City' s land use designations of Agricultural Equestrian, Low Density, and some Medium Density Residential.

B. Attached Dwelling: Projects consisting of attached residential units within a lot as allowed within the City' s land use designation of High Density Residential and some Medium Density Residential.

C. Mobile Home: Mobile home/ trailer parks, and manufactured homes in land - leased communities, etc. This category does not include a manufactured home subdivision.

D. Commercial Lodging: Hotels and motels.

E. Commercial/ Office: Uses generally considered commercial.

F. Industrial: Uses generally considered industrial. This category also includes educational and religious establishments.

The land uses set forth in this section shall be used in the computation of the fees required to be paid in connection with new development and in the amounts specified in the Fee Resolution. Public properties shall be classified into the category of use as between residential, commercial, or industrial, and shall pay the fee pursuant to that classification, as determined by the Community Development Director.

Section 3. 36. 070 Payment of the Fee.

A. Except as required by Government Code Section 66007, development impact fees for all development projects shall be paid prior to issuance of certificate of building occupancy.

B. The fees imposed pursuant to this Ordinance shall be calculated on the basis of land use, evaluated on the basis of acreage, by dwelling unit, or by square footage of construction, as indicated in the 2023 DIF Report, or otherwise as that may be revised and amended under the authority of the City Council.

Section 3. 36. 080 Development Impact Fee Exemptions and Exceptions.

A. Residential Building Expansion. No development impact fee for residential building expansion shall be required on any new addition, expansion or incidental construction to an existing residential building when the new construction consists of a total of less than five hundred ( 500) square feet of an enclosed structure which requires a building permit to construct, and the Community Development Director finds that the expansion will not result in an increase of the number of dwelling units originally permitted Ordinance No. 461

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for the residential building. When the new residential construction consists of a total of five hundred ( 500) square feet or more of an enclosed structure which requires a building permit to construct, and the Community Development Director finds that the expansion will not result in an increase of the number of dwelling units originally permitted for the residential building, the development impact fee for the square footage of residential expansion above four hundred ninety- nine ( 499) square feet shall be required in accordance with this Ordinance and the Fee Resolution.

B. Building Remodeling. Where a building permit is issued to remodel an existing structure for the same occupancy type, development impact fees shall not be required.

Where the remodeling work will alter the occupancy type of the building, resulting in a higher intensity of use as determined by the Community Development Director, development impact fees shall be required as specified in this Ordinance and the Fee Resolution. This section does not include projects which constitute an expansion of the previous use.

C. Building Reconstruction. Where a building permit is issued to reconstruct or replace an existing structure and the new structure does not increase the square footage of the existing structure, development impact fees shall not be required. If the size of the new structure is larger than that of the existing structures, development impact fees shall be required in accordance with this Ordinance and the Fee Resolution.

D. Building Relocation. Where a permit is issued to relocate a structure from one location in the City to a new location within the City, and the Community Development Director finds that no new impacts are created, development impact fees shall not be required.

E. Accessory dwelling units. Accessory dwelling units ("ADUs") that are less than 750 square feet shall not be charged development impact fees. For an ADU that is 750 square feet or larger, the ADU will be charged fees proportionately in relation to the square footage of the primary dwelling unit. Notwithstanding the foregoing, ADUs shall be subject to impact fees as allowed by Government Code Section 65852. 2, as it may be amended from time to time.

F. Timing Of Permit Application. Development impact fees in effect at the time of building permit application shall continue to apply on any development project where the Building Official finds and determines that a complete building permit application has been submitted and accepted by the City of Highland, and that through no fault of the developer, the permit was not issued prior to the effective date of the development impact fees as specified in this Ordinance and the Fee Resolution.

Section 3. 36. 090 Developer Construction of Facilities.

Whenever a developer is or has been required, as a condition of approval of a development permit, to construct a public facility which is the subject of this Ordinance, and which facility is determined by the City to have supplemental size, length or capacity over that needed for the impacts of that development, and when such construction is necessary to ensure efficient and timely construction of the facilities network, a reimbursement agreement with the developer and a credit against the fee, which would otherwise be charged pursuant to this Ordinance on the development project, shall be offered.

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The reimbursement and credit amount shall not include the portion of the improvement needed to provide services or mitigate the need for the public facility or the burdens created by the development project. The specific procedures for reimbursements and credits may be adopted by Resolution of the City Council, with this Ordinance being considered as enabling and directive.

Section 3. 36. 100 Calculation of Development Impact Fees Based Upon Special Circumstances Related to Intensity of Use.

A. Where in the opinion of the City Manager, or his designee, a development project is certain to have impacts on those facilities and improvements identified in the 2023 DIF Report and Master Facilities Plan that is disproportionate to the square footage of the building to be constructed by virtue of the proposed development project, development impact fees may be calculated based upon the City Manager's determination of actual impacts in each of the categories in which development impact fees are collected. The City Manager's determination must be based upon objective criteria, such as trip generation rates specific to the type of development proposed.

B. In each instance where the City Manager, or his designee, makes a calculation based upon his authority herein granted, the criteria upon which that calculation is based shall become the criteria used for all similarly situated development projects thereafter. In implementing this provision, the City Manager is directed to maintain a record of all decisions made under his authority, and to use that record as a guideline for future decisions. The City Manager shall make a recommendation to the Public Works Subcommittee of the City Council which brings its recommendation to the City Council for final approval determination of the development impact fees.

C. In all instances where the City Council determines and imposes development impact fees according to its authority granted herein, that calculation and determination shall be subject to legal challenge as provided by State law, as set forth in Government Code Sections 66020 et seq.

Section 3. 36. 110 Applications to Waive, Adjustor Reduce Fees.

A. A developer of any development project subject to the fees described herein may apply to the City Council for a reduction or adjustment to the fees, or a waiver of the fees, based upon the absence of any reasonable relationship or nexus between the impacts of that development and either the amount of the fees charged or the type of facilities to be financed The application shall be made in writing and filed with the City Clerk not later than:
i) ten ( 10) days prior to the public hearing on the development permit application for the project, or ( ii) if no development permit is required or no public hearing is required to be held, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of waiver, reduction, or adjustment. The City Council shall consider the application at the public hearing on the permit application or at a separate hearing held within sixty ( 60) days after the filing of the fee adjustment application, whichever is later. The decision of the City Council shall be final. If a reduction, adjustment, or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment, or reduction of the fees.

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B. The City Council may, from time to time and as the need may arise, set forth, by Council Resolution, specific limitations which will apply to reductions, adjustments, waivers, or deferrals of development impact fees which may be made pursuant to this Section.

C. If a fee exemption is granted pursuant to Section 3. 36. 070, or a fee reduction, adjustment or waiver is granted pursuant to this Section, any subsequent change or intensification of the use or uses of the property or any expansion of the structures on the property, shall invalidate the fee exemption, fee reduction, adjustment or waiver, and the applicant shall be subject to the development impact fee requirement applicable to the entire development based on the fee in effect at the time of the change or expansion, less any amount previously paid.

D. If a fee exemption, fee reduction, adjustment or waiver is not granted, then upon the payment of the required fees, the city shall, pursuant to Government Code Section 66020, provide the applicant a written notice of the amount of the fees or a description of the dedications, reservations, or other exactions, and shall also provide notification that the ninety -day protest period has begun."
Section 5. Relationship to Existing Fees. The fees established by this Ordinance shall supersede all previously established fees for the same development impact fee categories.

Section 6. Superseding Ordinance Nos. 309 and No. 422. The provisions of this Ordinance shall supersede and control over the provisions of Ordinance Nos. 309 and 422 upon the effective date of this Ordinance.

Section 7. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance be declared unconstitutional or invalid for any reason, such declaration shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrase or clauses be declared unconstitutional on their face or as applied.

Section 8. Adoption and Effective Date. This Ordinance and the Development Impact Fees shall apply to the issuance of any building permit for a development project issued on or after April 1, 2024.

Section 9. Publication. The City Clerk is hereby ordered and directed to certify the passage of this Ordinance by the City Council of the City of Highland, California and cause the same to be published in accordance with State law.

Section 10. Actions to effectuate. The City Manager is hereby authorized and directed to take other actions on behalf of City, which are not expressly and specifically reserved for the City Council, to implement and effectuate this ordinance.

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PASSED, APPROVED AND ADOPTED this 10th day of October, 2023.

Larry McCallon
Mayor
ATTEST:

Betty Hughes, MMC
City Clerk
APPROVED AS TO FORM:

Maricela Marroquin
City Attorney
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ATTACHMENT 2
Resolution 2023- 40
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RESOLUTION NO. 2023- 040

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. 461, 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 Resolution No. 2023- 040

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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 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 Resolution No. 2023- 040

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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 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
Resolution No. 2023- 040

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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 nonresidential 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 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.

Resolution No. 2023- 040

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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 shall be calculated, adjusted, and collected in accordance with Ordinance No. 461, 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.

Resolution No. 2023- 040

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SECTION 8. Building Expansion. The following development impact fees will apply to building expansions:

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 set forth in Sections 5 and 8 shall be effective on April 1, 2024.

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.

Resolution No. 2023- 040

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PASSED, APPROVED, AND ADOPTED this 12th day of September, 2023. rry M allon
ayor
ATTEST:

Betty H es, M C
City Clerk
Exhibit A — 2023 DIF Report
Exhibit B — Master Facilities Plan
Exhibit C — Government Code Section 66016. 5 findings
Resolution No. 2023- 040

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EXHIBIT A
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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................................................................... I 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 AppendixC — Park Averages............................................................................... 87 -25-

CITY OF HIGHLAND

DEVELOPMENT IMPACT FEE

CALCULATION AND NEXUS REPORT

TABLE OF CONTENTS
Page No.

Chapter 1 - Background and Introduction................................................................... I 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.' 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. Iffees 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.

Page I
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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. ` 64f,f:)o " 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.

ASH Specifically, Ythe Mitigation Fee Act requires the following:

1. Delineation ofthe PURPOSE of the fee.

2. Determination of the USE ofthe fee.

3. Determination of the RELATIONSHIP between the use of the 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 aa; seA above requirements of 'the 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 of those additions.

City of Highland 2022-23 Development Impact Fee Calculation and Nexus Report Page 2 -28-
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 ofthe 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 of the 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 of the 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 of that 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 -29-
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 ofimpact 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.

City of Highland 2022- 23 Development Impact Fee Calculation and Nexus Report Page -30-
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). If the 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 of the 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 of the 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 -31-
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
Business S. F.
3, 000, 000
3, 000, 000
5, 000
10- 000-000
600. 00 per home

0. 30 er 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 -32-
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 -33-
Chapter One Backaround and Introduction
If the 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 Impact Amount
Of Units Fee 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
000, 000
Cost of One New Station 3, 00 0002. 00 Stations to be Built with Impact Fees 2.

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).

City of Highland 2022- 23 Development Impact Fee Calculation and Nexus Report Page 8 -34-
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 overall proportionality) 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 de facto 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 -35-
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 permit', through the imposition and collection of impact feesb. 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 43) and $ 3, 000, 000 necessary to construct the fourth station. This would be referred to as thefair 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 of the 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.
and Nexus Report Page 10 City of Highland 2022- 23 Development Impact Fee Calculation -36-
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 of the " 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 if the 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 -37-
Chapter One Backaround and Introduction
and permits, construction supplies, labor, debt service on the above, on- site9 public improvements, and the hidden cost of extending public sei-vices 10 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.

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% ofthe 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 of the connection to the various municipal utilities, City of Highland 2022- 23 Development Impact Fee Calculation and Nexus Report Page 12 -38-
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.
s Actually, the permitted structure receives fire protection services as it is being constructed. e 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 of the existing utility assets.

City of Highland 2022- 23 Development Impact Fee Calculation and Nexus Report Page 13 -39-
Chapter One Background and Introduction
6 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 of the 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 of the on -site public improvements made by the developer while the property upon which the on -site improvements are still privately owned. to The City of Highland does not necessarily provide all of these 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 of these 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 -40-
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 of this 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 of the estimated costs of impacts from new development. The developed land inventory forms the base for distributing the cost of the existing infrastructure for comparison and for the de facto 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.' Table 2- 1
Detailed Land Use Inventory
Tota l General Plan
Total - Land - use
Existing Development Potential Development Build - out
Database Acres I # ofUnits_ j
Acres I # of Units Acres I # of Units
Detached Dwelling Units
Attached Dwelling Units
Mobile Homes Dwelling Units
Commercial Lodging Units
Retail/ Service/ Office Uses ( KSF)
Industrial Uses ( KSF)
Total - Land -use Database
Miscellaneous Dwelling Units
Commercial Lodging Rooms
Business Square Feet
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
5, 374. 00 25, 152 535. 50 5, 138 5, 909. 50 30. 290. 00 4, 822. 00 16, 845 386. 50 3, 027 5, 208. 50 19, 872

4. 00 130 12. 00 180 16. 00 310
548. 00 8, 177 137. 00 1, 931 685. 00 10, 108

Page 15 ends
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