WHEREAS, CONTRACT WORK will be performed by COUNTY staff and/ or COUNTY contractors; and WHEREAS, CONTRACT WORK will not exceed sixty thousand dollars ($ 60, 000) per project and CITY will reimburse COUNTY for all costs incurred by COUNTY in performing such CONTRACT WORK requested by CITY and completed by COUNTY; and
WHEREAS, Streets and Highways Code section 1710 authorizes COUNTY to contract with CITY for the CITY' s maintenance, construction or repair of COUNTY highways; and WHEREAS, COUNTY has determined that it is necessary for the more efficient maintenance and repair of its highway facilities and related appurtenances to contract with CITY for CITY to sometimes perform CONTRACT WORK, which includes emergency work, on COUNTY highway facilities and related appurtenances located within CITY' s sphere of influence as defined by the San Bernardino County Local Agency Formation Commission; and
WHEREAS, CONTRACT WORK will be performed by CITY staff and/ or CITY contractors; and WHEREAS, CONTRACT WORK will not exceed sixty thousand dollars ($60, 000) per project and COUNTY will reimburse CITY for all costs incurred by CITY in carrying - out CONTRACT WORK requested by COUNTY and completed by CITY; and
WHEREAS, COUNTY and CITY desire to set forth the responsibilities and obligations of each as they pertain to the work described in this Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows
SECTION I
1. 0 For CONTRACT WORK provided to CITY:
COUNTY AGREES TO:
1. 1 Schedule requested work upon receipt of a written " Notice to Proceed" from CITY and to provide to CITY a schedule of work days anticipated for the work for CITY concurrence. COUNTY, through its authorized representative identified in Paragraph 4. 5 and in its sole discretion, shall decide whether to approve or disapprove an individual " Notice to Proceed" and provide specific services to CITY.
1. 2 Utilize COUNTY' s Department of Public Works labor force and/ or contractors in providing services under this Agreement.
1. 3 Obtain a no -cost permit from CITY for any CONTRACT WORK to be performed within CITY' s right- of-way. COUNTY' s Director of Public Works, or the Director' s designee, shall have the authority to obtain a permit from CITY for CONTRACT WORK.
1. 4 Upon completion of each individual work assignment, submit to CITY an itemized accounting of actual CONTRACT WORK costs incurred by COUNTY and an invoice for such costs.
1. 5 COUNTY shall require all contractors and vendors providing CONTRACT WORK to have appropriate and adequate insurance coverage for the mutual protection and benefit of the PARTIES.
1. 6 Enforce COUNTY' s contractors to comply with all applicable laws and regulations, including Labor Code sections 1720 et seq. and 1770 et seq. that concern the payment of prevailing wages.
When applicable, COUNTY shall fill out and submit to the California Department of Industrial Relations a PWC- 100 form.
CITY AGREES TO:
1. 7 Provide COUNTY a written " Notice to Proceed" for any authorized work requested by CITY.
1. 8 Provide a no -cost permit to COUNTY for its work within CITY's right-of-way.
Revised 7/ 1/ 24
4
1. 9 After COUNTY completes each individual CONTRACT WORK assignment and submits an itemized accounting of actual CONTRACT WORK costs incurred by COUNTY along with an invoice, to reimburse COUNTY for CONTRACT WORK costs within sixty ( 60) calendar days after receipt of invoice.
1. 10 Provide a qualified representative who shall have the authority to discuss and attempt to resolve any issues or disputes which may arise concerning the CONTRACT WORK with the COUNTY.
1. 11 Comply with any applicable California Environmental Quality Act (CEQA) requirements as well as completing the required CEQA documents.
1. 12 When applicable, fill out and submit to the California Department of Industrial Relations a PWC100 form.
SECTION II
2. 0 For CONTRACT WORK provided to COUNTY:
CITY AGREES TO:
2. 1 Schedule the COUNTY requested CONTRACT WORK upon receipt of a written " Notice to Proceed" from the COUNTY and provide to COUNTY a schedule of work days anticipated for the CONTRACT WORK for COUNTY' s concurrence. CITY, through its authorized representative identified in Paragraph 4. 5 and in its sole discretion, shall decide whether to approve or disapprove an individual " Notice to Proceed" and provide specific services to COUNTY.
2. 2 Utilize CITY' s labor force and/ or contractors in providing services under this Agreement.
2. 3 Obtain a no -cost permit from COUNTY for work within COUNTY' s right- of-way.
2. 4 Upon completion of each CONTRACT WORK assignment, submit to COUNTY an itemized accounting of CONTRACT WORK costs incurred by CITY and an invoice for such costs.
2. 5 Enforce CITY' s contractors to comply with all applicable laws and regulations, including Labor Code sections 1720 et seq. and 1770 et seq. that concern the payment of prevailing wages.
2. 6 Accept all payments from COUNTY via electronic funds transfer ( EFT) directly deposited into the CITY' s designated checking or other bank account. CITY shall promptly comply with directions and accurately complete forms provided by COUNTY required to process EFT payments.
2. 7 When applicable, CITY shall fill out and submit to the California Department of Industrial Relations a PWC- 100 form.
COUNTY AGREES TO:
2. 8 Provide CITY a written " Notice to Proceed" for any authorized work requested by COUNTY.
2. 9 Provide a no -cost permit to CITY for its work within COUNTY' s right-of-way.
2. 10 After CITY completes each individual CONTRACT WORK assignment and submits an itemized accounting of actual CONTRACT WORK costs incurred by CITY along with an invoice, to reimburse CITY for CONTRACT WORK costs within sixty ( 60) calendar days after receipt of invoice.
2. 11 Provide a qualified representative who shall have the authority to discuss and attempt to resolve any issues or disputes which may arise concerning the CONTRACT WORK with the CITY.
2. 12 Comply with any applicable CEQA requirements as well as completing the required CEQA documents.
2. 13 When applicable, fill out and submit to the California Department of Industrial Relations a PWC100 form.
SECTION III
3. 0 IT IS MUTUALLY AGREED:
3. 1 The types of CONTRACT WORK shall include, but not be limited to: maintenance or emergency repair of streets/ highways, appurtenant fencing, culvert or drainage facilities, grading and application of soil stabilization product on dirt roads, as well as providing heavy equipment for storm debris cleanup, striping, chip sealing, maintenance or emergency paving.
3. 2 COUNTY and CITY will accept payment from each other for CONTRACT WORK requested by CITY or COUNTY for up to sixty thousand dollars ($60, 000) per project.
Revised 7/ 1 / 24
5
3. 3 The cost for each project shall not exceed sixty thousand dollars ($ 60, 000).
3. 4 The total cost for all work performed pursuant to Section 1. 0 shall not exceed one hundred thousand dollars ($ 100, 000) per fiscal year, absent a prior written amendment to this Agreement.
The total cost for all work performed pursuant to Section 2. 0 shall not exceed one hundred thousand dollars ($ 100, 000) per fiscal year, absent a prior written amendment to this Agreement.
3. 5 CITY or COUNTY is only responsible to provide the CONTRACT WORK of facilities identified in the " Notice to Proceed" from the requesting party ( CITY or COUNTY) and agreed to by the non - requesting party ( CITY or COUNTY). After completion of CONTRACT WORK on any particular facility, the requesting party ( CITY or COUNTY) shall be responsible for all future maintenance and repair work associated with the CONTRACT WORK, unless the non -requesting party ( CITY or COUNTY) receives a future request to provide additional CONTRACT WORK under this Agreement, followed by an approval of a written " Notice to Proceed."
3. 6 The PARTIES shall comply with all applicable laws and regulations, including, but not limited to, all applicable Public Contract Code ( e. g. bidding requirements), Labor Code (e. g. prevailing wage requirements), Business and Professions Code ( e. g. licensing requirements), and Civil Code requirements ( e. g. payment bond requirements).
SECTION IV
4. 0 IT IS FURTHER UNDERSTOOD AND AGREED:
4. 1 The requesting party ( CITY or COUNTY) shall prepare and submit to the non -requesting party CITY or COUNTY) a " Notice to Proceed" that outlines the work requested within the scope and budget limitations of this Agreement. The Notice to Proceed shall include the location ( street(s) or highway( s)) the work shall take place on, the scope of the work, the requested schedule, the level of service required ( if necessary), and other pertinent terms and details for the project within the scope of this Agreement. The COUNTY Director of Public Works and the CITY Director of Public Works/ City Engineer shall have the authority to prepare and submit a " Notice to Proceed," as well as provide estimates and approve CONTRACT WORK projects up to $ 60, 000 each. The non - requesting party shall develop cost estimates and project schedules for review by the requesting party using COUNTY/ CITY- approved labor and equipment rates that include fringe and overhead for actual employee classifications, equipment rates that will recover the depreciation expenses and the maintenance and repair cost of the equipment used for the proposed work assignment and estimated material costs. If requested, the estimate of cost will be provided to the requesting party prior to the commencement of work. The non -requesting party is under no obligation to perform work tasks and the non -requesting party' s representative identified in Paragraph 4. 5 may decline to perform the requested work for any reason or for no reason.
4. 2 The Effective Date of this Agreement shall be the date on which all of the following has occurred:
1) the CITY' s Council and COUNTY' s Board have approved the Agreement; and ( 2) the authorized representative of each has signed the Agreement.
4. 3 Insurance and Indemnification
Revised 7/ 1 / 24
COUNTY and CITY are authorized self -insured or partially self -insured public entities for purposes of Professional Liability, General Liability, Automobile Liability and Worker' s Compensation and warrant that through their respective programs of self-insurance and insurance, they have adequate coverage or resources to protect against liabilities arising out of performance of the terms, conditions or obligations of this Agreement.
Neither CITY nor any officer, employee, agent, or volunteer of CITY shall be responsible for any damage or liability arising out of, pertaining to, or relating to any acts or omissions on the part of COUNTY or its contractors under or in connection with any work, authority or jurisdiction delegated to and performed by COUNTY or its contractors under this Agreement. It is also understood and agreed that, pursuant to Government Code section 895. 4, COUNTY shall fully indemnify, defend with counsel approved by CITY) and hold CITY and its officers, employees, agents, and volunteers harmless from any liability imposed for injury ( as defined by Government Code section 810. 8) arising out of, pertaining to, or relating to any acts or omissions on the part of COUNTY or 6
its contractors under or in connection with any work, authority or jurisdiction delegated to and performed by COUNTY or its contractors under this Agreement.
Neither COUNTY nor any officer, employee, agent or volunteer of COUNTY shall be responsible for any damage or liability arising out of, pertaining to, or relating to any acts or omissions on the part of CITY or its contractors under or in connection with any work, authority or jurisdiction delegated to and performed by CITY or its contractors under this Agreement. It is also understood and agreed that, pursuant to Government Code section 895. 4, CITY shall fully indemnify, defend with counsel approved by COUNTY) and hold COUNTY and its officers, employees, agents, and volunteers harmless from any liability imposed for injury ( as defined by Government Code section 810. 8) arising out of, pertaining to, or relating to any acts or omissions on the part of CITY or its contractors under or in connection with any work, authority or jurisdiction delegated to and performed by CITY or its contractors under this Agreement.
In the event COUNTY and/ or CITY is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this Agreement, COUNTY and/ or CITY shall indemnify the other to the extent of its comparative fault.
CITY and COUNTY agree to waive all rights of subrogation against each other.
4. 4 No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by CITY and COUNTY.
4. 5 All notices, approvals, consents or other documents required or permitted under this Agreement shall be in writing and, except as otherwise provided herein, shall be effective upon personal delivery or three calendar days after deposit in the United States mail, certified, with first class postage, fully prepaid, addressed as follows:
City of Highland
27215 Base Line
Highland, CA 92346
Authorized Representative:
Public Works Director/City
Engineer
San Bernardino County
825 East Third Street
San Bernardino, CA 92415
Authorized Representative:
Director of Public Works
4. 6 No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a PARTY shall give the other PARTY any contractual rights by custom, estoppel, or otherwise.
4. 7 This Agreement shall be governed by the laws of the State of California. If a court of competent jurisdiction declares any portion of this Agreement invalid, illegal, or otherwise unenforceable, the remaining provisions shall continue in full force and effect, unless the purpose of this Agreement is frustrated. Any dispute or action to enforce any obligation under this Agreement shall be filed and resolved in the appropriate Superior Court in San Bernardino County, California. In the event of litigation arising from this Agreement, each PARTY to the Agreement shall bear its own costs, including attorney' s fees. This provision concerning costs shall not apply to costs or attorney' s fees relative to paragraphs 4. 3.
4. 8 This Agreement contains the entire Agreement of the PARTIES with respect to subject matter hereof, and supersedes all other prior negotiations, understandings or contracts. This Agreement may only be modified in writing, signed by authorized representatives of both CITY and COUNTY.
4. 9 This Agreement may be terminated, with or without cause, by either CITY or COUNTY upon thirty 30) calendar days advance written notice by the party wishing to terminate, provided however, that any such cancellation shall not be effective as to any existing obligations pursuant to any CONTRACT WORK authorized prior to notice of cancellation. In the event of cancellation as Revised 7/ 1 / 24
7
provided herein, all CONTRACT WORK costs required to be paid by the PARTIES prior to the effective date of cancellation shall be paid by the PARTIES as provided in this Agreement.
4. 10 Except with respect to the indemnification obligations contained herein which shall survive the termination of this Agreement, this Agreement shall commence on the date it is approved by both PARTIES, and shall terminate on September 30, 2029, unless it is terminated early as provided in Paragraph 4. 9.
4. 11 This Agreement may be signed electronically and in counterparts, each of which shall constitute an original.
4. 12 The Recitals preceding the terms of this Agreement are incorporated into the terms hereof by this reference and constitute constructive terms of this Agreement.
4. 13 Since the PARTIES or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for any or against any party.
Revised 7/ 1 / 24
8
IN WITNESS WHEREOF, COUNTY and CITY have each caused this Agreement to be subscribed by its respective duly authorized officers on its behalf.
SAN BERNARDINO COUNTY
No -
Dawn Rowe, Chair, Board of Supervisors
Dated:
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
Lynna Monell
Clerk of the Board of Supervisors
San Bernardino County
By
Deputy
FOR COUNTY USE ONLY
Approved as to Legal Form
0-
City of Highland
Print or type name of corporation, company, contractor, etc.) By 1101.
Authorized signature - sign in blue ink)
Name Penny Lilburn
Print or type name of person signing contract)
Title Mayor
Print or Type
Dated:
Address 27215 Base Line
Reviewed for Contract Compliance
0-
Aaron Gest, Deputy County Counsel Andy Silao, P. E.
Date Date
Highland, CA 92346
Reviewed/ Approved by Department
111NNoel Castillo, Director
Date
Revised 7/ 1/ 24
9
10 THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Contract Number
SAP Number
San Bernardino County
Flood Control District
Department Contract Representative Johnny D. Gayman, P. E.
Engineering Manager
Telephone Number ( 909) 387- 7997
Contractor
Contractor Representative
Telephone Number
Contract Term
Original Contract Amount
Amendment Amount
Total Contract Amount
Cost Center
Grant Number (if applicable)
IT IS HEREBY AGREED AS FOLLOWS:
City of Highland
Octavio Duran Jr., P. E.
Public Works Director/ City
Engineer
909) 864- 6861
Approximately 5 years ending
September 30, 2029
45, 000 per project not to exceed
100, 000 for each party per fiscal
vear
100, 000 annually
1920002522
1930002526
WITNESSETH
WHEREAS, flood control facilities, access roads, and related appurtenances within the jurisdiction of the City of Highland ( CITY) need occasional maintenance and repair; and WHEREAS, Section 54981 of the California Government Code authorizes the legislative body of any local agency to contract with any other local agency for the performance by the latter of municipal services or functions within the territory of the former; and
WHEREAS, the San Bernardino County Flood Control District Act authorizes the San Bernardino County Flood Control District ( DISTRICT) to contract with CITY for the maintenance, construction, or repair of CITY flood control facilities, access roads, and related appurtenances within CITY' s jurisdiction if the CITY' s legislative body 11 determines that it is necessary for the more efficient maintenance and repair of said facilities, access roads, and appurtenances; and
WHEREAS, the CITY' s legislative body finds it necessary for the more efficient maintenance and repair of its flood control facilities, access roads, and related appurtenances to contract with DISTRICT for DISTRICT to sometimes perform said work, including but not limited to EMERGENCY WORK (as defined in the Agreement below), on CITY' s flood control facilities, access roads, and related appurtenances ( DISTRICT CONTRACT WORK); and
WHEREAS, CONTRACT WORK will be performed by DISTRICT staff and/ or DISTRICT contractors; and WHEREAS, DISTRICT CONTRACT WORK will not exceed $ 45, 000 per project and CITY will reimburse DISTRICT for all costs incurred by DISTRICT in performing such DISTRICT CONTRACT WORK requested by CITY and completed by DISTRICT; and
WHEREAS, the San Bernardino County Flood Control District Act also authorizes DISTRICT to contract with CITY for CITY to perform maintenance, construction, or repair of DISTRICT flood control facilities, access road, and related appurtenances within CITY' s sphere of influence as defined by the San Bernardino County Local Agency Formation Commission ( CITY' s SPHERE); and WHEREAS, DISTRICT finds it necessary for the more efficient maintenance and repair of its flood control facilities, access roads, and related appurtenances to contract with CITY for CITY to sometimes perform said work, including but not limited to EMERGENCY WORK (as defined in the Agreement below), on DISTRICT' s flood control facilities, access roads, and related appurtenances located within CITY' s SPHERE ( CITY CONTRACT WORK); and
WHEREAS, CONTRACT WORK will be performed by CITY staff and/ or CITY contractors; and WHEREAS, CITY CONTRACT WORK will not exceed $ 45, 000 per project and DISTRICT will reimburse CITY for all costs incurred by CITY in performing CITY CONTRACT WORK as requested by DISTRICT and completed by CITY; and
WHEREAS, DISTRICT and CITY desire to set forth their respective responsibilities and obligations as they pertain to the work described in this Agreement.
NOW, THEREFORE, DISTRICT AND CITY MUTUALLY AGREED AS FOLLOWS:
SECTION I
1. 0 For DISTRICT CONTRACT WORK provided to CITY:
DISTRICT AGREES TO:
1. 1 Schedule requested DISTRICT CONTRACT WORK upon receipt of a written " Notice to Proceed" from CITY and to provide to CITY a schedule of work days anticipated for the DISTRICT CONTRACT WORK for CITY' s concurrence. DISTRICT, through its designated, authorized representative identified in Paragraph 3. 5. 2 and in its sole discretion, shall decide whether to approve or disapprove an individual Notice to Proceed and provide specific services to CITY.
1. 2 Utilize DISTRICT' s Department of Public Works labor force or contractors in providing services under this Agreement.
1. 3 Obtain a no -cost permit from CITY for any DISTRICT CONTRACT WORK to be performed within CITY' s right- of-way.
Revised 7/ 1/ 24
12
1. 4 Upon completion of each individual DISTRICT CONTRACT WORK assignment, submit to CITY an itemized accounting of actual DISTRICT CONTRACT WORK costs incurred by DISTRICT and an invoice for any related costs.
1. 5 DISTRICT shall require all contractors and vendors providing CONTRACT WORK to have appropriate and adequate insurance coverage for the mutual protection and benefit of the PARTIES. Except for Workers' Compensation, Errors and Omissions and Professional Liability policies, DISTRICT shall require and ensure that all DISTRICT contractors performing CONTRACT WORK shall have insurance policies that contain endorsements naming the CITY and its officers, employees, agents and volunteers as additional insureds with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the CITY to vicarious liability but shall allow coverage for the CITY to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured ( Form B) endorsement form ISO, CG 2010. 11 85
1. 6 Enforce DISTRICT' s contractors to comply with all applicable laws and regulations, including Labor Code sections 1720 et seq. and 1770 et seq. that concern the payment of prevailing wages CITY AGREES TO:
1. 7 Provide DISTRICT a written Notice to Proceed for any authorized work requested by CITY.
1. 8 Provide a no -cost permit to DISTRICT for its work within CITY' s right- of-way.
1. 9 After DISTRICT completes each individual DISTRICT CONTRACT WORK assignment and submits an itemized accounting of actual DISTRICT CONTRACT WORK costs incurred by DISTRICT along with an invoice, to reimburse DISTRICT for DISTRICT CONTRACT WORK costs within sixty ( 60) days after receipt of invoice.
1. 10 Provide a qualified representative who shall have the authority to discuss and attempt to resolve any issues or disputes which may arise concerning the DISTRICT CONTRACT WORK with the DISTRICT.
1. 11 Comply with any applicable California Environmental Quality Act ( CEQA) requirements as well as completing any required CEQA documents.
SECTION II
2. 0 FOR CITY CONTRACT WORK PROVIDED TO DISTRICT:
CITY AGREES TO:
2. 1 Schedule the requested CITY CONTRACT WORK upon receipt of a written " Notice to Proceed" from the DISTRICT and provide to DISTRICT a schedule of work days anticipated for the CITY CONTRACT WORK for DISTRICT' s concurrence. CITY, through its designated, authorized representative identified in Paragraph 3. 5. 2 and in its sole discretion, shall decide whether to approve or disapprove an individual Notice to Proceed and provide specific services to DISTRICT.
2. 2 Utilize CITY' s labor force or contractors in providing services under this Agreement.
2. 3 Obtain a no -cost permit from DISTRICT for any CITY CONTRACT WORK within DISTRICT' s right-of-way.
Revised 7/ 1 / 24 Page 3 of 8
13 2. 4 Upon completion of each CITY CONTRACT WORK assignment, submit to DISTRICT an itemized accounting of CITY CONTRACT WORK costs incurred by CITY and an invoice for any related costs.
2. 5 CITY shall require all contractors and vendors providing CONTRACT WORK to have appropriate and adequate insurance coverage for the mutual protection and benefit of the PARTIES. Except for Workers' Compensation, Errors and Omissions and Professional Liability policies, CITY shall require and ensure that all CITY contractors performing CONTRACT WORK shall have insurance policies that contain endorsements naming the COUNTY and its officers, employees, agents and volunteers as additional insureds with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the COUNTY to vicarious liability but shall allow coverage for the COUNTY to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured ( Form B) endorsement form ISO, CG 2010. 11 85.
2. 6 Enforce CITY' s contractors to comply with all applicable laws and regulations, including Labor Code sections 1720 et seq. and 1770 et seq. that concern the payment of prevailing wages.
DISTRICT AGREES TO:
2. 7 Provide CITY a written Notice to Proceed for any authorized work requested by DISTRICT.
2. 8 Provide a no -cost permit to CITY for its work within DISTRICT' s right- of-way.
2. 9 After CITY completes each individual CITY CONTRACT WORK assignment and submits an itemized accounting of actual CITY CONTRACT WORK costs incurred by CITY, along with an invoice, to reimburse CITY for CITY CONTRACT WORK costs within sixty ( 60) days after receipt of invoice.
2. 10 Provide a qualified representative who shall have the authority to discuss and attempt to resolve any issues or disputes which may arise concerning the CITY CONTRACT WORK with the CITY.
2. 11 Comply with any applicable CEQA requirements as well as completing any required CEQA documents.
SECTION III
3. 0 IT IS MUTUALLY AGREED:
3. 1 DISTRICT CONTRACT WORK and CITY CONTRACT WORK may include, but shall not be limited to: maintenance or emergency repair of flood control facilities, access road, and related appurtenances, as well as providing heavy equipment for storm debris cleanup, repair of fencing, minor basin excavation and facility repair, culvert repair, and miscellaneous drainage repairs.
3. 2 The cost any individual project performed as DISTRICT CONTRACT WORK or CITY CONTRACT WORK shall not exceed forty-five thousand dollars ($ 45, 000).
3. 3 The total cost for all work performed pursuant to Section 1. 0 shall not exceed one hundred thousand dollars ($ 100, 000) per fiscal year, absent a prior written amendment to this Agreement.
The total cost for all work performed pursuant to Section 2. 0 shall not exceed one hundred thousand dollars ($ 100, 000) per fiscal year, absent a prior written amendment to this Agreement.
3. 4 CITY or DISTRICT is only responsible to provide the CONTRACT WORK of facilities identified in the Notice to Proceed from the requesting party ( CITY or DISTRICT) and agreed to by the party performing the work ( CITY or DISTRICT). After completion of CONTRACT WORK on any particular facility, the requesting party ( CITY or DISTRICT) shall be responsible for all future maintenance and repair work, unless the party performing the work (CITY or DISTRICT) receives Revised 7/ 1 / 24 Page 4 of 8
14 a future request to provide additional CONTRACT WORK under this Agreement, followed by an approval of a written Notice to Proceed.
3. 5 The requesting party ( CITY or DISTRICT) shall prepare and submit to the party performing the work ( CITY or DISTRICT) a Notice to Proceed that outlines the work requested within the scope and budget limitations of this Agreement.
3. 5. 1 The Notice to Proceed shall include the location of such work (i. e., the flood control facility or facilities and/ or or access road( s)), the scope of the work, the requested schedule, the level of service required ( if necessary), and other pertinent terms and details for the project within the scope of this Agreement.
3. 5. 2 The DISTRICT Chief Flood Control Engineer and the CITY Director of Public Works/ City Engineer shall each have the authority to provide estimates and approve CONTRACT WORK projects up to $ 45,000 per project, subject to the overall annual maximum amount of $ 100, 000 per party specified in Section 3. 3, above.
3. 5. 3 The party requested to perform the work shall provide cost estimates and project schedules for review by the requesting party using Board of Supervisors ( BOARD)/ City Council ( COUNCIL) approved labor and equipment rates that include fringe and overhead for actual employee classifications, California Department of Transportation equipment rates that will recover the depreciation expenses and the maintenance and repair cost of the equipment used for the proposed work assignment and estimated material costs. If requested, the estimate of cost will be provided to the requesting party prior to the commencement of work.
3. 5. 4 Neither party is required to perform work tasks under this Agreement and each party' s representative identified in Paragraph 3. 5. 2 may decline to perform the requested work in his or her sole discretion.
4. 0 IT IS FURTHER UNDERSTOOD AND AGREED:
4. 1 The Effective Date of this Agreement shall be the date on which all of the following has occurred:
1) the CITY' s Council and DISTRICT' s governing board ( the San Bernardino County Board of Supervisors) have approved the Agreement; ( 2) the authorized representative of each has signed the Agreement.
4. 2 This Agreement shall terminate on September 30, 2029, except with respect to the indemnification obligations contained herein, which shall survive termination of this Agreement.
4. 3 Insurance and Indemnification
4. 3. 1 DISTRICT and CITY are authorized self -insured or partially self -insured public entities for purposes of Professional Liability, General Liability, Automobile Liability and Worker's Compensation and warrant that through their respective programs of self-insurance and insurance, they have adequate coverage or resources to protect against liabilities arising out of performance of the terms, conditions or obligations of this Agreement.
4. 3. 2 Neither CITY nor any officer or employee of CITY shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of DISTRICT or its contractors under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of DISTRICT under this Agreement. It is also understood and agreed that, pursuant to Government Code, Section 895. 4, DISTRICT shall fully indemnify, defend and hold CITY harmless from any liability imposed for injury as defined by Government Code section 810. 8) occurring by reason of any acts or Revised 7/ 1 / 24 Page 5 of 8
15 omissions on the part of DISTRICT or its contractors under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of DISTRICT under this Agreement.
4. 3. 3 Neither DISTRICT nor any officer or employee of DISTRICT shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of CITY or its contractors under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of CITY under this Agreement. It is also understood and agreed that, pursuant to Government Code, Section 895. 4, CITY shall fully indemnify, defend and hold DISTRICT harmless from any liability imposed for injury ( as defined by Government Code section 810. 8) occurring by reason of any acts or omissions on the part of CITY or its contractors under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of CITY under this Agreement.
4. 3. 4 In the event DISTRICT and/ or CITY is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this Agreement, DISTRICT and/ or CITY shall indemnify the other to the extent of its comparative fault.
4. 3. 5 CITY and DISTRICT agree to waive all rights of subrogation against each other
4. 4 All notices, approvals, consents or other documents required or permitted under this Agreement shall be in writing and, except as otherwise provided herein, shall be effective upon personal delivery or three days after deposit in the United States mail, certified, with first class postage, fully prepaid, addressed as follows:
City of Highland San Bernardino County Flood Control District 27215 Base Line 825 E. 3rd Street
Highland, CA 92346 San Bernardino, CA 92415- 0835
Attn: Public Works Director/ City Engineer Attn: Chief Flood Control Engineer
4. 5 No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.
4. 6 This Agreement shall be governed by the laws of the State of California. If a court of competent jurisdiction declares any portion of this Agreement invalid, illegal, or otherwise unenforceable, the remaining provisions shall continue in full force and effect, unless the purposes of this Agreement are frustrated. Any dispute or action to enforce any obligation under this Agreement shall be filed and resolved in the appropriate Superior Court in San Bernardino County, California. In the event of litigation arising from this Agreement, each party to the Agreement shall bear its own costs, including attorney' s fees. This provision concerning costs shall not apply to costs or attorney' s fees relative to paragraphs 4. 3.
4. 7 This Agreement contains the entire Agreement of the Parties with respect to subject matter hereof, and supersedes all other prior negotiations, understandings or contracts. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by CITY and DISTRICT.
4. 8 This Agreement may be terminated, with or without cause, by either CITY or DISTRICT upon thirty 30) days advance written notice by the party wishing to terminate, provided however, that any such cancellation shall not be effective as to any existing obligations pursuant to any CONTRACT WORK authorized prior to notice of cancellation. In the event of cancellation as provided herein, all CONTRACT WORK costs incurred and required to be paid by either of the Parties prior to the Revised 7/ 1/ 24 Page 6 of 8
16 effective date of cancellation shall be paid by the Parties in the same proportion to their contribution for the CONTRACT WORK.
4. 9 This Agreement may be signed in counterparts, each of which shall constitute an original
4. 10 This Agreement shall inure to the benefit of and to be binding upon the successors and assigns both Parties.
Revised 7/ 1/ 24 Page 7 of 8
17 WITNESS WHEREOF, this Agreement, has been fully executed on behalf of DISTRICT and CITY by their duly authorized representatives.
SAN BERNARDINO COUNTY FLOOD CONTROL
DISTRICT
0-
Dawn Rowe, Chair, Board of Supervisors
Dated:
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
Lynna Monell
Clerk of the Board of Supervisors
LIM
Deputy
FOR COUNTY USE ONLY
Approved as to Legal Form
1 Sophie A. Curtis, Deputy County Counsel
Date
City of Highland
Print or type name of corporation, company, contractor, etc.) By 00-
Authorized signature - sign in blue ink)
Name Penny Lilburn
Print or type name of person signing contract)
Title Mayor
Print or Type)
Dated:
Address 27215 Base Line
Reviewed for Contract Compliance
0-
Andy Silao, P. E.
Date
Hiqhland, CA 92346
Reviewed/ Approved by District
Noel Castillo, Chief Flood Control Engineer
Date
Revised 7/ 1 / 24 Page 8 of 8
18 19
STAFF REPORT
TO THE CITY COUNCIL
DATE: August 13, 2024
FROM: Carlos Zamano, City Manager
REVIEWED BY: Octavo Duran, Public Works Director/ City Engineer0% PREPARED BY: Matt Bennett, Assistant Public Works Director %{- A, SUBJECT: Tract 18893- 1; Grant Deed to transfer Ownership of Lot " C"; WQMP Basin, from City of Highland to D. R. Horton ( Developer) RECOMMENDATION: That the City Council ( 1) accept Grant Deed to D. R. Horton, and ( 2) direct the City Clerk to record the Grant Deed.
FISCAL IMPACT: Upon recordation of this Grant Deed, D. R. Horton will have fee ownership of Lot " C" and will be responsible for maintenance of the Water Quality Treatment Basin for storm water runoff associated with residential Tract 18893, therefore, the costs to maintain these facilities will be borne by D. R.
Horton and ultimately the Home Owner's Association for this residential community.
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 water quality treatment basin, located on Lot " C", of Tract 18893- 1, was originally offered as dedication in fee simple to the City of Highland, for maintenance of this basin and landscaping via Final Tract map 18893- 1, a 98 Lot, single family residential subdivision, which recorded on August 31, 2021.
The developer is now requesting this ownership be transferred back to D. R.
Horton to allow the WQMP maintenance responsibilities to be performed by the Homeowners Association ( HOA) as established by the Tract 18893/ Mediterra Engineering Conditions of Approval approved by City Council on December 8, 2020. The City reserves, via this Grant Deed, a permanent easement upon, under, over and across said Lot " C" for future access and maintenance purposes.
Approved Motion
Denied Ayes
Continued Noes
Tabled Abstain
Absent
Second Agenda Item No. 1
File No.
Cit/ Ulerk City Manager
1 Attachments:
1) Vicinity Map
2) Copy of Tract Map
3) Grant Deed
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4 RECORDING REQUESTED BY:
WHEN RECORDED MAIL
DOCUMENT TO:
DR HORTON LOS ANGELES
2280 Wardlow Circle, Suite 100
Corona CA 92878
SPACE ABOVE FOR RECORDER' S USE
GRANT DEED
The undersigned grantor declares:
Documentary transfer tax is $ NONE -- no consideration. computed on full value of property conveyed.
computed on full value less value of liens and
encumbrances remaining at time of sale.
CITY OF HIGHLAND, a municipal corporation (" Grantor"), HEREBY GRANTS TO D.R. Horton Los Angeles Holding Company, Inc. (" Grantee"), the following described property located in the City of Highland, County of San Bernardino, State of California:
Lot " C" of Tract Map No. 18893- 1, in the City of Highland, County of San Bernardino, State of California, as per Map filed in Book 360, Pages 56 through 65 of Maps, in the Office of the County Recorder of San Bernardino County.
SUBJECT TO the document entitled " Water Quality Management Plan and Stormwater BMP Transfer, Access and Maintenance Agreement", APNs 297- 021- 32, 36, 40 and 41 (" WQMP"), all provisions of which are incorporated herein by reference thereto with the same force and effect as though fully set forth herein at length, and Grantee, by acceptance of this Deed, approves, adopts, ratifies and agrees to be bound by said WQMP recorded July 21, 2022 as Instrument No. 2022- 0253215, Official Records.
In addition, the City of Highland hereby reserves a permanent easement upon, under, over and across said Lot " C" for future access and storm drain maintenance purposes.
CITY OF HIGHLAND, a municipal corporation " Grantor"
by: Penny Lilburn
Mayor, City of Highland
Notary Acknowledgement is on the following page]
CAUsers\ mben nett\AppData\ Local\Microsoft\ Windows\INetCache\ Content.Outlook\P7JZAFGY\ 536 Tr 18893- 1Lot C GD City to DR Horton Fin 7-15- 2024 ( 003).docx
5 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) ss.
On 202_ before me, Notary
Public, personally appeared:
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/ their authorized capacity( ies), and that by his/ her/ their signature( s) on the instrument the person( s) or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
SEAL) Notary Public
6 STAFF REPORT
TO THE CITY COUNCIL
DATE: August 13, 2024
FROM: Carlos Zamano, City Manager
PREPARED BY: Leticia Nava -Cruz, Director of Administrative Services/ City Treasurer VV SUBJECT: Introduction and first reading of an Ordinance to amend Title 5, Chapter 5. 04, sections 5. 04. 160 and 5. 04. 240 of the City of Highland Municipal Code Business License).
RECOMMENDATION: The Finance/Personnel Subcommittee recommends that the City Council:
Introduce and conduct the first reading of Ordinance No. amending sections 5. 04. 160 ( License Fee -Payment Due Dates) and
5. 04. 240 ( Penalty for Delinquency -Action to Collect) of Title 5 Business Licenses and Regulations) of the Highland Municipal Code establishing a single annual business license fee renewal date and amending penalties and procedures for collecting penalties for delinquent business license fees and;
2. Make a finding of exemption under the California Environmental Quality Act ( CEQA) and instruct staff to file a Notice of Exemption with the County Clerk of the Board.
FISCAL IMPACT: None.
ENVIRONMENTAL REVIEW: Staff has determined that the Ordinance is not subject to the California Environmental Quality Act (" CEQA") because it is not a project within the meaning of the CEQA Guidelines Section 15378( b)( 5) and 15061( b)( 3) as it has no potential for physical effects on the environment because it is an organizational or administrative activity of the City that involves amending the renewal date for and penalties for delinquent payment of business license fees. Pursuant to CEQA Guidelines Section 15378( b)( 5), organizational or administrative activities of governments that will not result in any physical changes in the environment, is not defined as a " project" under CEQA.
Approved
Denied
Continued
Tabled
Motion
Ayes _
Noes
Abstain
Absent
Second Agenda Item No. --
File No.
Clerk Ci ager
1 Therefore, approval of the fees and/ or charges is not a " project" for purposes of CEQA, pursuant to CEQA Guidelines Section 15378( b)( 5); 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.
PUBLIC NOTICE: The agenda for this item was posted at the three required locations per Resolution No. 2011- 047 and on the City' s website. In addition, the summary of the Ordinance was published in the San Bernardino County Sun newspaper on August 1, 2024.
BACKGROUND: This item was reviewed by the Finance/ Personnel Subcommittee on July 2nd. The attached Ordinance amends sections 5. 04. 160 and 5. 04. 240 of Title 5 ( Business Licenses and Regulations) of the Highland Municipal Code. The purpose of the Ordinance is to streamline the business license term to run from January 1 through December 31 for each business license holder in order to establish a single, consistent time frame for all businesses, reduce confusion for residents and streamline staff processing of business licenses.
The Ordinance provides that annual business license fees shall be payable to the City on January 1 of each year. To transition existing and new businesses to the new business license term, the Ordinance prorates business license fees for businesses established after the adoption of the Ordinance and businesses whose license renewal fees are due in the calendar year following the adoption of the Ordinance. Prorated fees are based on the calendar quarter of the year the business is established or the renewal fee is due. After the first year of prorated fees, all annual fees will be due and payable on January 1 of each year.
The Ordinance also amends the penalties and procedures for delinquency to assess a late fee for every 30 days a license fee remains unpaid, up to 90 days, with no more than 2 late fees assessed. After 90 days of nonpayment, the license will be considered expired, and the City may pursue code enforcement and other remedies available under the Municipal Code.
The Ordinance further provides that the City may issue a courtesy notice to businesses prior to the date license fees are due and prior to the imposition of any late fees or penalties; however, failure to provide a courtesy notice does not relinquish a business from the penalties imposed for delinquent payments, nor the requirement to renew a business license.
Attachments:
1. Proposed Ordinance No.
2 Attachment 1
Proposed Ordinance No.
3 ORDINANCE NO.
AN ORDINANCE OF CITY OF HIGHLAND, CALIFORNIA, AMENDING
SECTIONS 5.04.160 ( LICENSE FEE - PAYMENT DUE DATES) AND
5.04.240 ( PENALTY FOR DELINQUENCY - ACTION TO COLLECT) OF TITLE 5 ( BUSINESS LICENSES AND REGULATIONS) OF THE
HIGHLAND MUNICIPAL CODE ESTABLISHING A SINGLE, ANNUAL
BUSINESS LICENSE FEE RENEWAL DATE AND AMENDING
PENALTIES AND PROCEDURES FOR COLLECTING PENALTIES FOR
DELINQUENT BUSINESS LICENSE FEES AND MAKING A FINDING OF
EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT
WHEREAS, the City of Highland (" City") requires all persons who conduct any business in the City to obtain a business license and pay the appropriate license fee; and WHEREAS, business licenses must be renewed, and appropriate license fees must be paid, annually, and licenses fees other than annual fees must be paid monthly, weekly, or daily, as applicable; and
WHEREAS, pursuant to Section 5. 04. 160 of the City' s Municipal Code, businesses established prior to when Chapter 5. 04 ( Business Licenses Generally) was enacted must pay their annual fees each year on the date the ordinance was enacted, while businesses established after the adoption of the ordinance enacting Chapter 5. 04 must pay their annual fees on the first day of the month following the anniversary date on which their license was originally payable; and
WHEREAS, failure to pay annual fees by their renewal date results in late fees and penalties for delinquency pursuant to Section 5. 04.240; and WHEREAS, the City provides business license holders a courtesy invoice thirty ( 30) days prior to the license renewal date to remind license holders of the need to renew their license;
WHEREAS, if the annual fee remains unpaid thirty ( 30) days after its renewal date, the license holder must pay a $ 25 late fee. After sixty (60) days of nonpayment, the license holder must pay an additional $ 25 late fee. After ninety ( 90) days of nonpayment the business license expires; and
WHEREAS, the City provides business license holders a courtesy invoice when a late fee has been added to the license; and
WHEREAS, the City processes approximately 200 to 300 license renewals each month; and
WHEREAS, tracking permit renewals with varying due dates requires considerable staff time; and
11026- 0001\ 2976179v2. doc
4 WHEREAS, Section 5. 04. 170 authorizes the City to establish alternative license periods for business on a fiscal year, calendar year or other basis if necessary for administrative purposes; and
WHEREAS, streamlining the business license term to run from January 1 through December 31, with all licenses expiring and payments due on December 31 of each calendar year, establishes consistent time frames for all businesses, reduces confusion for residents, and significantly reduces staff processing times; and WHEREAS, to aid in the transition to a single business license term, businesses established prior to the effective date of this Ordinance shall pay a prorated license fee and thereafter shall conform to the new term; and
WHEREAS, the City desires to codify its courtesy invoicing practice.
THE CITY COUNCIL OF THE CITY OF HIGHLAND DOES ORDAIN AS FOLLOWS:
Section 1. Recitals. The City Council hereby finds that all of the facts set forth in the Recitals above are true and correct.
Section 2. The City Council hereby amends subsection A of section 5. 04. 160 License fee- Payment due dates) of Title 5 ( Business Licenses and Regulations) of the Highland Municipal Code in its entirety to read as follows:
5. 04. 160 License fee - Payment due dates.
A. Annual Fees. Annual business license fees set forth in this Chapter shall be due and payable to the city on January 1 of each year. All licenses, unless otherwise provided in this chapter, shall be issued for an annual period.
1. Annual Fees for New Businesses. For businesses established after the adoption of the ordinance enacting this section, annual business license fees shall be due and payable on the date the business is established and shall be prorated as follows for payment of the first annual license fee. Thereafter, fees shall be due and payable on January 1 of each year:
a. Businesses established in the first calendar quarter of the year (January 1 through March 31) will pay the full fee.
b. Businesses established in the second calendar quarter of the year (April 1 through June 30) will pay three -fourths of the full fee. c. Businesses established in the third calendar quarter of the year ( July 1 through September 30) will pay one- half of the full fee. d. Businesses established in the fourth calendar quarter of the year ( October 1 through December 31 will pay one-fourth of the full fee.
2. Annual Fees for Existing Businesses. For businesses established prior to the adoption of the ordinance enacting this section, renewal of annual business license fees shall be due and payable as follows in the calendar year during which the ordinance was enacted. Thereafter, fees shall be due and payable on January 1 of each year.
2-
5 a. Renewals expiring in the first calendar quarter of the year ( January 1 through March 31) will pay the full fee.
b. Renewals expiring in the second calendar quarter of the year ( April 1 through June 30) will pay three -fourths of the full fee. c. Renewals expiring in the third calendar quarter of the year ( July 1 through September 30) will pay one-half of the full fee.
d. Renewals expiring in the fourth calendar quarter of the year ( October 1 through December 31 will pay one- fourth of the full fee." Section 3. The City Council hereby amends section 5. 04.240 ( Penalties for delinquency - Action to collect) of Title 5 ( Business Licenses and Regulations) of the Highland Municipal Code in its entirety to read as follows:
5. 04. 240 Penalties for delinquency - Action to collect.
A. Penalties for Delinquency. Any person engaging in business in the city who fails to pay the appropriate business license fee shall be subject to the following penalties:
1. For failure to pay or renew a license fee when due, the collector shall add a late fee penalty, in an amount set by resolution of the City Council, on the day following the last day of each consecutive 30- day interval following the due date while the license fee remains unpaid.
2. The city shall only assess two late fees in total, each on a consecutive 30- day interval following the date the license fee was originally due. The city shall consider the license expired if the fee remains unpaid on the day following the ninetieth day after the due date.
3. For failure to secure a license to engage in business, the license fee due and payable shall be that amount due and payable from the first date the person engaged in business, together with applicable penalties provided in subsections ( A)( 1) of this section;
4. For failure to pay the amount which was actually due, it shall be deemed that to the extent of the deficiency, there was a failure to pay a license fee when due. Nothing in this subsection shall be construed to apply to any person when the deficiency is the result of an error by the collector in calculating the amount of the license fee due and when such error is not the result of misrepresented facts supplied to the collector by any such person.
B. Notice of Delinquency. The city will make every reasonable effort to provide a courtesy notice to businesses prior to the date of renewal and imposition of any late fees or additional penalties added pursuant to this section. Failure to provide a courtesy notice shall not relinquish any business from the requirement to apply for a business license renewal or from payment of any penalties for delinquency imposed by this section.
C. Action to Collect. Notwithstanding subsection ( A)( 1) of this section, should a court action be required to collect any license fee and/ or penalties, an additional penalty shall be charged equal to the cost incurred by the city for the court action, including attorney fees.
All penalties shall be added to the license fee and shall become due and payable along with the delinquent license fee."
3-
6 Section 4. 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)( 5) and 15061( b)( 3) as it has no potential for physical effects on the environment because it is an organizational or administrative activity of the City that involves amending the renewal date for and penalties for delinquent payment of business license fees. Pursuant to CEQA Guidelines Section 15378( b)( 5), organizational or administrative activities of governments that will not result in any physical changes in the environment, is not defined as a " project" under CEQA. Therefore, approval of the fees and/ or charges is not a " project" for purposes of CEQA, pursuant to CEQA Guidelines Section 15378( b)( 5); 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 5. 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 6. Effective Date. This Ordinance shall be effective thirty ( 30) days after its adoption by the City Council of the City of Highland.
Section 7. 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 8. 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.
The Ordinance was introduced at a regular meeting of the day of 2024, and adopted at a regular meeting
on the day of , 2024, by the following vote:
AYES. -
NOES:
ABSENT:
ABSTAIN:
APPROVED AND ADOPTED this day of , 2024.
City Council on the
of the Council held
ME
7 Penny Lilburn
Mayor
ATTEST:
Alondra Munoz
City Clerk
5-
8 STAFF REPORT
TO THE CITY COUNCIL
MEETING DATE: August 13, 2024
FROM: Carlos Zamano, City Manager
REVIEWED BY: Octavio Duran Jr., Public Works Director/City Engineer PREPARED BY: Sonja Flynn — Engineering Technician II
SUBJECT: Measure 15- Year Capital Improvement Plan ( 2024/ 2025- 2028/ 2029) RECOMMENDATION: ( 1) Approve the Measure I Capital Improvement Plan Expenditure Strategy 2024/ 2025- 2028/ 2029), and ( 2) Approve Resolution No. 2024- adopting the Measure 15-Year Capital Improvement Plan ( 2024/2025-2028/2029).
FISCAL IMPACT: Based on SBCTA' s estimate, the City' s annual Measure I Local Pass -Through revenue for the next 5 years ranges from $ 1, 461, 388 to $ 1, 632, 218 per year. The total amount of revenue for the 5- year period ( 2024/ 2025- 2028/ 2029) is estimated at $ 7, 702, 316. The proposed 5- year plan will serve as a planning guide for the City' s expenditure of Measure I Local Pass -Through Funds. Since Measure I funds are restricted to roadway/ traffic/ transit type improvements, adoption of the 5- year plan will not affect other City services.
PUBLIC NOTICE: Notices of Council Meeting agenda were posted at the three locations required by resolution and on the City website.
BACKGROUND: The SBCTA Measure I Strategy Plan requires that each local jurisdiction receiving Local Pass -Through Funds annually adopt a 5-Year Capital Improvement Plan ( CIP) to outline the specific projects upon which these funds will be expended. SBCTA also requires each jurisdiction to adopt an Expenditure Strategy to clarify its policy approach for expenditure of these funds.
Currently, the City $ 3, 982,006.66 of carryover Measure I Local Pass -Through Funds, along with the projected $ 7, 702, 316 revenue for the next 5 years. A total of $ 12, 923, 900 in Measure I funds are estimated for programming in the 5- year CIP.
In the 5- year CIP, Measure I funds are being programmed to provide the necessary local match for 6 competitive grant projects and 6 CDBG projects, and to provide funding of 8 committed pavement rehabilitation and street improvement projects, as listed below:
Approved Motion Second
Denied Ayes
Continued Noes
Tabled Abstain
Absent
Agenda Item No.
File No.
Clerk 1
City Manager
Bridges:
Base Line Bridge over City Creek ( HBP/ ARPA grant)
Pavement Manaaement Proqram:
Union Street and Elmwood Court
5th Street, Greenspot Road, Orange Street
CDBG FY23/ 24 — Cunningham Street from Base Line to 9th Street CDBG FY23/ 24 — McKinley Avenue from Base Line to 9th Street) CDBG FY 2024- 25 - Cunningham St, Flemming St, 7th St and Colwyn Ave CDBG FY25/26 — North of 3rd Street, east of Church Ave, west of Tippecanoe Ave, south of Highland Ave
CDBG FY26/ 27 — North of 3rd Street, east of Church Ave, west of Tippecanoe Ave, south of Highland Ave
CDBG FY27/ 28 — North of 3rd Street, east of Church Ave, west of Tippecanoe Ave, south of Highland Ave
Pacific Street - Del Rosa Drive to Sterling Avenue ( Joint project with San Bernardino County)
Sectors A& B Pavement Rehabilitation
Sectors A-E Preventative Maintenance
Sector C Pavement Rehabilitation
Sector D Pavement Rehabilitation
Sector E Pavement Rehabilitation
Storm Drains:
Elder Gulch Storm Drain
Streets:
Highland Regional Connector on Orange Street, Tonner Drive, Streater Drive, Glenheather Drive and Love Street ( CRP grant)
Upgrade Center and Edgeline Striping on 5th Street, Greenspot Rd and Orange Street HSIP grant)
0 iriaxnialkc9th Street Eucalyptus Dr to Victoria Ave ( Article 3 grant) Base Line, Boulder Ave, 9th Street and Olive Tree Lane ( Article 3 grant) Messina Street and Seine Avenue ( Article 3 grant)
In addition, $ 250,000 of Measure I funds are being programmed for Miscellaneous City-wide Street Repairs. The total estimated programmed Measure I Local Pass -through is $ 12, 923, 900.
Attachments: Measure I CIP Expenditure Strategy
Resolution - Measure 15- Year Capital Improvement Plan
M:\ SBCTA ( formerly SANBAG)\ 2025- 2029 MSR I CIP\ Stf report 8. 13. 24.doc 2 CITY OF HIGHLAND
MEASURE I CAPITAL IMPROVEMENT PLAN
EXPENDITURE STRATEGY
Fiscal Year 2024/ 2025 thru 2028/ 2029
The City of Highland intends to expend Measure I Local Street Program Pass -Through revenue primarily to ( 1) improve pavement conditions of the City' s roadway network by constructing various pavement management projects including pavement rehabilitation, overlay, slurry seal and crack seal projects, and ( 2) provide local match to grant funding of roadway/bikeway improvement projects.
3 RESOLUTION NO. 2024-
RESOLUTION OF THE CITY OF HIGHLAND, STATE OF CALIFORNIA,
ADOPTING THE MEASURE I FIVE-YEAR CAPITAL IMPROVEMENT PLAN FOR FY2024/ 2025 THROUGH FY2028/ 2029
WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one- half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04- 01 of the Authority; and
WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from the Local Street Program to annually adopt and update a Five -Year Capital Improvement Plan; and
NOW, THEREFORE, BE IT RESOLVED by the City of Highland, State of California, that the Measure I Five -Year Capital Improvement Plan, attached to this resolution as Exhibit A, is hereby adopted.
PASSED AND ADOPTED at a meeting of the Council of the City of Highland held on August 13, 2024.
Penny Lilburn
Mayor
ATTEST:
Alondra Munoz
City Clerk
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5 STAFF REPORT
TO THE CITY COUNCIL
DATE: August 13, 2024
REVIEWED BY: Lawrence A. Mainez, Community Development Director Alondra Munoz, City Clerk PREPARED BY: Camille Duarte, Administrative Assistant III 6() SUBJECT: Appoint one ( 1) Member of the Public to the Planning Commission RECOMMENDATION: Staff recommends the City Council appoint one ( 1) member of the public to the Planning Commission.
PUBLIC NOTICE: The agenda for this item was posted at the three locations per Resolution No. 2011- 047 and on the City' s website.
BACKGROUND: On May 14, 2024, the City Council declared one ( 1) seat vacant on the Planning Commission and posted that vacancy in accordance with the Maddy Act. Pursuant to Chapter 2. 16. 020 of the Highland Municipal Code, the Planning Commission shall consist of five members who shall be appointed by the City Council. Each member of the Planning Commission shall serve a four-year term of office.
Commissioner Saran resigned May 2024; therefore, it would be appropriate for the City Council to review the attached Public Service Applications and appoint one ( 1) individual to the Planning Commission. Six ( 6) applications have been submitted for consideration.
Attachment: Public Service Applications
proved Motion
nied Ayes
ntinued Noes
bled Abstain
Absent
k
Second Agenda Item No.
r
File No.
City Manager
1 PUBLIC SERVICE APPLICATION
Gerardo Castro
2 r
u`UIN c` 0
PUBLIC SERVICE APPLICATION
For Office Use Only:
Expires:
Appointees must be residents within the corporate city limits of the City of Highland, serve without compensation, submit a Statement of Economic Interests Form 700 and complete an ethics training course pursuant to AB 1234.
BOARD/ COMMISSION/ COMMITTEE YOU ARE APPLYING FOR:
Community Trails Committee ( see attached roles and responsibilities) Historic and Cultural Preservation Board ( see attached roles and responsibilities) b, Planning Commission ( see attached roles and responsibilities) PERSONAL INFORMATION:
Name: ( ' T Y'G v '
Address:
i
11 How long have you resided in Highland? y,gav 2
Home phone: / vA Cell phone: - 7 3 6 "
Work phone: ( p) Co - (.- 77- A.)--7
Email address: — qG
Occupation/ Employer:
Employer address:
Position held: V P. o
4 V nI
GL 6 u. Los A-' q C S
UV`GCt Vl Q le-t.JoocJ 4 CA
e
Available for meetings: Daytime Evenings KBoth
Public Service Application
September 2020
3 INTEREST IN THE POSITION:
What are your principal areas of interest in your City Government? T Gv^ 1 ooK; n, a 7' or a w1eCA t
i v\. Vove r GOW'- Wt C—wc Education,
training or special knowledge which might be relevant to I
this appointment: I _
a
C. 4V. xGjf0V1 IN1(.
c.y1, aOt Yi1C t/l, 1
V
e
i G Cx ert C%A G2 C eQ ` v1 w G
v ck ( A S e l b 1A S Employment,
membership inservice or community organizations or volunteer work which might be relevant tothis appointment: CVo'
C o' e+ r't SCow avv C` WK- evn1er its
Y (r rn AIL C" Pry . li F Ctr G.1/l_ ( ile- 1rGK. • 011. Y ' t- K. P I 014 ( 0 v`A I ' PCA.(. Ik Public
Service Application September
2020 Page
2of 5
4 Have you been, or are you now, a member of a governmental board, commission or committee? Yes KNo
If so, please list the name and dates served:
REMARKS:
Please indicate any further information you
appointment ( use other side of paper if needed).
wish to add regarding your desired
U
4--p Q a'- 1 Gi, 0. i t.. 1/ Y C o v- 1 Vkj CA. CA: v
4 '
u-eve. b 41 tve,
a rea- I S
SIGNATURE:
DATE: gr'> '
1 Check box to confirm you have read the attached roles and responsibilities related to the committee, board or commission you are applying for.
When you have completed this application, please submit to:
CITY CLERK
CITY OF HIGHLAND
27215 BASE LINE
HIGHLAND, CA 92346
909) 864- 6861, EXT. 226
This application will be kept on file for a period of one year from the date signed.
Public Service Application
September 2020
5 PUBLIC SERVICE APPLICATION
Patrick Dorsey
6 For Office Use Only:
f
Expires
PUBLIC SERVICE APPLICATION
Appointees must be residents within the corporate city limits of the City of Highland, serve without compensation, submit a Statement of Economic Interests Form 700 and complete an ethics training course pursuant to AB 1234.
BOARD/ COMMISSION/ COMMITTEE YOU ARE APPLYING FOR:
Community Trails Committee ( see attached roles and responsibilities) Historic and Cultural Preservation Board ( see attached roles and responsibilities) y Planning Commission ( see attached roles and responsibilities) PERSONAL INFORMATION:
Name: Patrick Dorsey
Address 29681 Crest View Lane
How long have you resided in Highland? 26 Years
Home phone: 909- 499- 1972
Work phone: 909- 499- 1972
Email address: patrickirkdorsey04@gmail. com
Cell phone: 909-499- 1972
Occupation/ Employer: Strategic Communications & Public Affairs, Lucas Public Affairs Employer address: 1215 K Street Suite 1010, Sacramento, CA 95814 Position held: Director
Available for meetings: Daytime ® Evenings Both
Public Service Application
September 2020
7
Patrick K. Dorsey
0 Greater Los Angeles I ( Z; 909.499. 1972 OO patrickirkdorsey04@gmail. com Professional Experience
DIRECTOR — Lucas Public Affairs 2019 — Present
California School Boards Association brings together school governing boards, and administrators from districts and county offices of education to advocate for effective policies that advance the education and well-being of the state' s more than 6 million school -age children. o Developed legislative and media strategy, as well as messaging and an opinion editorial, for increased funding for home -to -school transportation in the 2022 - 23 State Budget. o Created a run -of -show and supported the development of other media materials for a press event with Assemblymember O' Donnell to spotlight the lack of funding for home -to -school transportation programs.
TimelyCare aims to improve the health and well- being of college students by making virtual medical and mental health care accessible anytime, anywhere.
o Develop messaging, FAQs, " Myths V. Facts," " What Students Are Saying," fact sheets and other materials to highlight the student mental health crisis and the importance of expanding virtual care to students in need.
Office of the California Governor' s " Your Actions Save Lives" and "Vaccinate All 58" public awareness campaigns educated and encouraged behavior change among underserved and diverse communities across the state with compassion and cultural humility on the latest public health guidelines, safety practices and vaccine safety.
o Led strategy and project management of the campaigns' earned media, which includes managing a team of six subcontractors and over 20 media and communications specialists to secure print, radio, and TV coverage in the general market, Spanish, Asian American and Pacific Islander, American Indian and Alaskan Native, and Black/ African American outlets. Scope includes drafting articles for placement, conducting virtual media briefings and community town halls, developing a robust speakers bureau with third -party influencers, and conducting biweekly media training. o Provided strategic counsel to the Governor' s Office, California Health and Human Services Agency, and California Department of Public Health on reputation management and executive visibility.
o Drafted messaging documents utilized across the campaigns including talking points, Q& As, fact sheets, and scripts for paid/added value opportunities. o Utilized campaigns' data and insights to recalibrate strategy, retool messaging, or refocus efforts.
LeadingAge California is the state' s leading advocate for quality, non- profit senior living and health care. o Developed strategic communications plans and key messages on older adult policy issues including COVID- 19, isolation in skilled nursing facilities, affordable senior housing, long- term services and supports, and growing the caregiver workforce. o Drafted press releases and talking points on topics including California Master Plan for Aging and the national Coronavirus Commission on Safety and Quality in Nursing Homes. o Wrote and pitched op-eds to support the organization's thought leadership and spotlight the state' s growing aging population.
8 o Contribute to relationship - building efforts including executive participation in conferences, state and national workgroups, commissions and committees, and events.
California Business Roundtable is comprised of the state' s largest employers and advocates on issues critical to building a strong economy and creating jobs. o Developed a strategic plan to support the organization' s D& I goals including developing relationships with the ethnic legislative caucuses, conducting implicit bias training, and implementing a C- suite mentoring program to improve the diversity of executives.
Visit California develops and maintains marketing programs that inspire travel to, and within, the state. o Developed strategy and led statewide earned media efforts for California Tourism Month and the release of economic impact numbers in 2019, gamering more than 245 pieces of news coverage. o Led the creative development and execution of California Surfing Day at the Capitol, which included the development of social media for Lt. Governor Eleni Kounalakis, Sen. Toni Atkins, the legislative Surfing Caucus," and members of the capitol press corps.
SENIOR PUBLIC INFORMATION OFFICER — California Department of Public Health 2021 — 2021 o Led California' s efforts to promote and explain COVID- 19 vaccine administration to state, local and national media.
o Drove strategic planning, message development and execution of the department' s media and public relations program regarding the processes, policies, practices, legislative and court - decided mandates, and issues of vaccine administration. o Directed brand and messaging consistency across internal and external communication efforts. o Developed briefing materials and presentations to facilitate communication of complex vaccination issues.
o Managed relationships with local and statewide stakeholders — private, government and community - based — to advance California' s vaccination efforts.
ACCOUNT EXECUTIVE — Ogilvy 2017 — 2019
Covered California connects Californians with brand -name health insurance under the Patient Protection and Affordable Care Act.
o Served as the client liaison to the director of communications and public relations and contributed to the creative development and execution of two statewide open enrollment campaigns including the PRWeek-nominated "Covered in Art" open enrollment bus tour. o Coordinated the placement of five murals and helped lead 20 press events across all major and secondary media markets.
Education
Master of Public Policy and Administration
California State University, Sacramento
The Panetta Institute for Public Policy — Leadership Seminar California State University, Monterey Bay
Bachelor of Arts —Government
California State University, Sacramento
9 INTEREST IN THE POSITION:
What are your principal areas of interest in your City Government? I am interested in economic development, land use and community impact.
I have some experience in these areas given my work with businesses, energy and utlities and telecommunications in Sacramento. My partner and I are happy to have recently moved back to Highland. I am passionate about my hometown and we are hoping to make a meaningful contribution to my community.
I am also looking forward to the opportunity to learn and collaborate with other Highland residents.
Education, training or special knowledge which might be relevant to this appointment:
have a bachelor's in government and masters in public policy and administration. 1 also participated in the Panetta Institute' s Leadership Seminar, which included lessons on city government and civic engagement.
Employment, membership in service or community organizations or volunteer work which might be relevant to this appointment:
Given the nature of my work, I have nearly 10 years of experience working across government, community -based organizations and the private sector. I am also participating in the 2023-24 Inland Empire Economic Partnership Region Leaders Academy.
Public Service Application
September 2020
10
Have you been, or are you now, a member of a governmental board, commission or committee? Yes ® No
If so, please list the name and dates served:
N/ A
REMARKS:
Please indicate any further information you wish to add regarding your desired appointment ( use other side of paper if needed).
Attached is a resume for review. Thank you for the opportunity to be considered. Look forward to further discussing my qualifications and interest.
SIGNATURE:
DATE: 1 0/ 3/2023
Check box to confirm you have reap the attached roles and responsibilities related to the committee, board or commission you are applying for.
When you have completed this application, please submit to:
CITY CLERK
CITY OF HIGHLAND
27215 BASE LINE
HIGHLAND CA 92346
909) 864- 6861, EXT. 226
This application will be kept on file for a period of one year from the date signed.
Public Service Application
September 2020
11
PUBLIC SERVICE APPLICATION
Nicole McCance
12 77
MAY a 2, 2024
CITY OF HIGHLAND
CITY CLERK
PUBLIC SERVICE APPLICATION
For Office Use Only:
Expires: MAV_, i;
71vZ57
Appointees must be residents within the corporate city limits of the City of Highland, serve without compensation, submit a Statement of Economic Interests Form 700 and complete an ethics training course pursuant to AB 1234.
BOARD/ COMMISSION/ COMMITTEE YOU ARE APPLYING FOR:
Community Trails Committee ( see attached roles and responsibilities) Historic and Cultural Preservation Board ( see attached roles and responsibilities) Xl Planning Commission ( see attached roles and responsibilities) PERSONAL INFORMATION:
Name: Nicole McCance
Address: 7467 Via Deldene Highland Ca 92346
How long have you resided in Highland? 25 years
Home phone: n/ a Cell phone: 909- 260- 3915
Work phone: 909-633- 0033
Email address: n mccance(aD-me com —
Occupation/ Employer: San Manuel Band of Mission Indians — Intergovernmental Affairs Employer address: 674 E. Brier dr. San Bernardino Ca 92346 Position held: EA — Chief Intergovernmental Affairs Officer Available for meetings: Daytime 4 Evenings Both
Public Service Application
September 2020
INTEREST IN THE POSITION:
What are your principal areas of interest in your City Government? My areas of interest in city government revolve around sustainable development and urban planning. I would like the city of Highland to grow in a way that preserves our environment, promotes community well- being and fosters economic prosperity. I am interested in initiatives related to smart growth, affordable housing, transportation infrastructure, and environmental conservation. I believe in the importance of long- term planning that balances the needs of residents, businesses, and the environment to create a resilient city for qenerations to come.
Education, training or special knowledge which might be relevant to this appointment:
WHIP I rinn' t have a formal urban olanninq education, my extensive experience as a long-term resident of Highland has provided me with a deep understanding of the community' s needs and aspirations. As a single mother that has raised my daughter in the city, I am familiar with the challenges and opportunities hat ni it raciriants fare on a dailv basis.
Employment, membership in service or community organizations or volunteer work which might be relevant to this appointment:
My role in Intergovernmental Affairs for the San Manuel Band of Mission Indians has provided me with valuable experience in collaboration with diverse stakeholders, including local government entities. It has given me insights into policy making, community engagement, and the importance of fostering positive relationships between different levels of government. This has prepared me to contribute effectively to the planning commission and advocate for initiatives and development that benefit our community.
Public Service Application
September 2020
14 Have you been, or are you now, a member of a governmental board, commission or committee? Yes ; l No
If so, please list the name and dates served:
n/ a
REMARKS:
Please indicate any further information you wish to add regarding your desired appointment ( use other side of paper if needed).
I have been a resident of Highland for 25 years and it was the first city where I became a homeowner and where I raised my daughter. I am in a position where I feel it' s time to give back to the city that has given me so much and help lay the foundation for future generations to thrive. I am eager to leverage my skills, knowledge, and passion for responsible development to help shape a sustainable future for Highland and its residents. Thank you for considering my application. j Check box to confirm you have read the attached roles and responsibilities related to the committee, board or commission you are applying for.
When you have completed this application, please submit to:
CITY CLERK
CITY OF HIGHLAND
27215 BASE LINE
HIGHLAND CA 92346
909) 864- 6861, EXT. 226
This application will be kept on file for a period of one year from the date signed.
Public Service Application
September 2020
15 PUBLIC SERVICE APPLICATION
Jenny Thai
16 jLjL
For Office Use Only:
Expires: I CJ
PUBLIC SERVICE APPLICATION
Appointees must be residents within the corporate city limits of the City of Highland, serve without compensation, submit a Statement of Economic Interests Form 700 and complete an ethics training course pursuant to AB 1234.
BOARD/ COMMISSION/ COMMITTEE YOU ARE APPLYING FOR:
Community Trails Committee ( see attached roles and responsibilities) Historic and Cultural Preservation Board ( see attached roles and responsibilities) 0 Planning Commission ( see attached roles and responsibilities) PERSONAL INFORMATION:
Name: Jenny Thai
Address: 7551 Cloverhill Dr
How long have you resided in Highland? since 1998 to present Home phone:
K Work phone:.
Email address: jennythai09Ol@gmail. com
Occupation/ Employer: Real Estate Agent
Employer address: 3606 E highland Ave# 104
Position held: Finance and Investment
Cell phone: 9095250339
Available for meetings: Daytime Evenings ® Both
Public Service Application
September 2020
17 R
INTEREST IN THE POSITION:
What are your principal areas of interest in your City Government? i am interest the finance and investment in .Highland city. r
Education, training or special knowledge which might be relevant to this appointment:
am a new volunteer but i am to interest anytime
Employment, membership in service or community organizations or volunteer work which might be relevant to this appointment:
i am a volunteer work at church for many years . So i hope to be a volunteer at Highland city too.
Public Service Application
September 2020
18 Have you been, ot- are you now, a member of a governmental board, commission or committee? Yes M No
If so, please list the name and dates served:
REMARKS:
Please indicate any further information you wish to add regarding your desired appointment (use other side of paper if needed).
i like a volunteer work at highland city because i hope the Highland City will be growing city in the future.
SIGNATURE: Jenny Thai
DATE: 7/ 1l2024
Check box to confirm you have read the attached roles and responsibilities related to the committee, board or commission you are applying for.
When you have completed this application, please submit to:
CITY CLERK
CITY OF HIGHLAND
27215 BASE LINE
HIGHLAND CA 92346
909) 864- 6861, EXT. 226
This application will be kept on file for a period of one year from the date signed.
Public Service Application
September 2020
19 PUBLIC SERVICE APPLICATION
Dakota Westlake
20 JUL 15 2024
170F H I G HLAIN, D
PUBLIC SERVICE APPLICATION
For Office Use Only:
Expires: NN
Appointees must be residents within the corporate city limits of the City of Highland, serve without compensation, submit a Statement of Economic Interests Form 700 and complete an ethics training course pursuant to AB 1234.
BOARD/ COMMISSION/ COMMITTEE YOU ARE APPLYING FOR:
Community Trails Committee ( see attached roles and responsibilities) Historic and Cultural Preservation Board ( see attached roles and responsibilities) 0 Planning Commission ( see attached roles and responsibilities) PERSONAL INFORMATION:
Name: Dakota Westlake
Address: 7027 Seine Ave. Highland, CA 92346
How long have you resided in Highland? 4 years
Home phone:
Work phone:
Email address: dakotawestlake@gmail. com
Occupation/ Employer
Cell phone: ( 9090747- 7456
Therapist- Dakota Westlake Counseling
Employer address: 301 9th St Suite 300 Redlands, CA 92374 Position held: Owner/ Lead Clinician
Available for meetings: Daytime 0 Evenings 0 Both
Public Service Application
September 2020
21 Have you been, or are you now, a member of a governmental board, commission or committee? Yes 9 No
If so, please list the name and dates served:
NA
REMARKS:
Please indicate any further information you wish to add regarding your desired appointment (use other side of paper if needed).
I am also interested in the position on the cultural and historical preservation board as I have a passion for history and preserving culture for future generations to see and uphold. I would like to serve wherever the city see is the best fit given my skills. I am a passionate and want to be part of the prosperity of the city.
SIGNATURE:
DATE: 7114114
Check box to confirm you have read the attached roles and responsibilities related to the committee, board or commission you are applying for.
When you have completed this application, please submit to:
CITY CLERK
CITY OF HIGHLAND
27215 BASE LINE
HIGHLAND CA 92346
909) 864- 6861, EXT. 226
This application will be kept on file for a period of one year from the date signed.
Public Service Application
September 2020
22 PUBLIC SERVICE APPLICATION
Debora Wright
23 RECEIVED
J U N 182024
CITY OF HIGHLAND
CITY CLERK
PUBLIC SERVICE APPLICATION
For Office Use Only:
Expires:
llore! / VZ J Appointees
must be residents within the corporate city limits of the City of Highland, serve without compensation, submit a Statement of Economic Interests Form 700 and complete an ethics training course pursuant to AB 1234. BOARD/
COMMISSION/ COMMITTEE YOU ARE APPLYING FOR: Community
Trails Committee (see attached roles and responsibilities) Historic Planning Commission (
and Cultural
see
Preservation Board (
attached roles
see
and
attached
responsibilities)
roles
PERSONAL
and responsibilities) V
INFORMATION: Name:
Debora Wright Address:
29265 Jasmine Place How
long have you resided in Highland? Since 1994 (30 years) Home phone: 909- 425- 1759 Work
phone: 909- 997- 6733 Email
address: deborawright2@yahoo. com Occupation/
Employer: THE CAN MAN COMPANY Cell
phone: 909- 997- 6733 Employer
address: 29265 Jasmine Place Highland, CA 92346 Position held: CEO/ President Available
for meetings: Daytime 0
Evenings Both Public
Service Application September
2020 Page
1of 5
24 INTEREST IN THE POSITION:
What are your principal areas of interest in your City Government? My primary interest is in City Planning.
I would like to see the City of Highland grow into a
thriving and prosperous city, like some of our sister
cities. Highland has much potential for new growth,
businesses, new homes, parks and recreational areas.
Safe and Clean neighborhoods promotes good
functioning communities and stability.
Education, training or special knowledge which might be relevant to this appointment:
My educational background is in Business.
have owned and operated several small business over
the past 40 years. Real Estate, Property Management,
and Insurance were my career occupations during this period.
Employment, membership in service or community organizations or volunteer work which might be relevant to this appointment:
I am currently serving on the East Highlands Ranch
HOA Finance Committee. I' am partnered with several
Non- profit organizations in I. E., Riverside County,
and I also work as the Executive Director of The Can Man Company.
Public Service Application
September 2020
25 Have you been, or are you now, a member of a governmental board, commission or committee? 0 Yes No
If so, please list the name and dates served:
Finance Committee Member EHR: 2015- Present
NSBA- Subcommittee Member 2020- 2022
REMARKS:
Please indicate any further information you wish to add regarding your desired appointment ( use other side of paper if needed).
I am very dedicated to my city and public service has always been a strong interest to me. If provided the opportunity to serve on the City of Highland' s Planning Commission, my goal word be to bring positive input, support the mission and values of the City Counsel and promote our City in the
greatest light.
SIGNATURE:
DATE: 06- 15- 2024
Check box to confirm you have read the attached roles and responsibilities related to the committee, board or commission you are applying for.
When you have completed this application, please submit to:
CITY CLERK
CITY OF HIGHLAND
27215 BASE LINE
HIGHLAND CA 92346
909) 864- 6861, EXT. 226
This application will be kept on file for a period of one year from the date signed.
Public Service Application
September 2020
26 STAFF REPORT
TO THE CITY COUNCIL
DATE: August 13, 2024
REVIEWED BY: Lawrence A. Mainez, Community Development Director Alondra Munoz, City Clerk
PREPARED BY: Camille Duarte, Administrative Assistant III SUBJECT: Appoint One ( 1) Member of the Public to the Historic and Cultural Preservation Board.
RECOMMENDATION: Staff recommends the City Council appoint one ( 1) member of the public to the Historic and Cultural Preservation Board.
PUBLIC NOTICE: No public hearing notice is required. The agenda for this item was posted at the three locations per Resolution No. 2011- 047 and on the City's website.
BACKGROUND: On April 2024, the City Council declared one ( 1) seat vacant due to the resignation of a Board Member Mauricio and posted that vacancy in accordance with the Maddy Act. Pursuant to Chapter 2. 20. 050 of the Highland Municipal Code, the Historic and Cultural Preservation Board shall consist of five members appointed by the City Council and shall serve without compensation. All members of the board shall have a demonstrated interest in or knowledge of historic preservation and the cultural resources of the city. Therefore, it would be appropriate for the City Council to appoint one ( 1) individual to the Historic and Cultural Preservation Board. One ( 1) application has been submitted for consideration.
Attachment: Public Service Application
pproved Motion Second
enied Ayes
ontinued Noes
abled Abstain
Absent
Agenda Item No. —]- _
File No.
op
lerk Ci anager
1 PUBLIC SERVICE APPLICATION
Jeffery Staggs
2 FIL} 7
c
JUL 2024
PUBLIC SERVICE APPLICATION
For Office Use Only:
Expires: / O - vZGj
Appointees must be residents within the corporate city limits of the City of Highland, serve without compensation, submit a Statement of Economic Interests Form 700 and complete an ethics training course pursuant to AB 1234.
BOARD/ COMMISSION/ COMMITTEE YOU ARE APPLYING FOR:
Community Trails Committee ( see attached roles and responsibilities) 0 Historic and Cultural Preservation Board ( see attached roles and responsibilities) Planning Commission ( see attached roles and responsibilities) PERSONAL INFORMATION:
Name: Jeffery F. Staggs
Address: 28386 Cambridge Ct
How long have you resided in Highland? 35 years
Home phone: 909- 862- 9360
Work phone: Retired
Email address: jeffstaggs@sbcglobal. net
Occupation/ Employer: Retired
Employer address:
Position held:
Available for meetings: Daytime
Cell phone: 909-496-0870
Evenings li Both
Public Service Application
September 2020
3 INTEREST IN THE POSITION:
What are your principal areas of interest in your City Government? I am interested in the historical aspects of the
City of Highland and the surrounding areas.
I have lived in the San Bernardino Valley almost
all of my life, over 70 years, and preserving local
history and heritage is very important to me
Education, training or special knowledge which might be relevant to this appointment:
I have a Bachelor of Arts Degree in Criminal Justice
from California State College ( now University)
San Bernardino. I also worked as a Deputy Sheriff for
32 years with the San Bernardino County Sheriffs Dept.
Employment, membership in service or community organizations or volunteer work which might be relevant to this appointment:
I am a Board Member of the Highland Area Historical
Society, a member of the San Bernardino
Historical and Pioneer Society, a member of the
Santa Fe Railway Historical Society, and a member of
the Sheriff's Dept. Historical Society
Public Service Application
September 2020
4 Have you been, or are you now, a member of a governmental board, commission or committee? Yes © No
If so, please list the name and dates served:
REMARKS:
Please indicate any further information you wish to add regarding your desired appointment ( use other side of paper if needed).
SIGNATUR
DATE: July 10,
0 Check box to confirm you have read the attached roles and responsibilities related to the committee, board or commission you are applying for.
When you have completed this application, please submit to:
CITY CLERK
CITY OF HIGHLAND
27215 BASE LINE
HIGHLAND CA 92346
909) 864-6861, EXT. 226
This application will be kept on file for a period of one year from the date signed.
Public Service Application
September 2020
5 STAFF REPORT
TO THE CITY COUNCIL
DATE: August 13, 2024
FROM: Carlos Zamano, City Manager
PREPARED BY: Alondra Munoz, City Clerk
SUBJECT: Designation of Voting Delegate and Alternate for the League of California Cities ( Cal Cities) Annual Conference
RECOMMENDATION: Appoint a Voting Delegate and Alternate for the Annual Conference scheduled for October 16- 18, 2024, in Long Beach.
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: Each year the League of California Cities ( Cal Cities) conducts an annual conference to discuss key legislative, social, fiscal, and service issues affecting California municipalities. One important aspect of the conference is its annual business meeting at which the Cal Cities membership acts on conference resolutions.
To expedite the annual business meeting, participating cities have been asked to designate a primary voting delegate and an alternate voting delegate.
Attachment: 2024 Cal Cities Voting Delegate Information Packet Approved Motion
Denied Ayes
Continued Noes
Tabled Abstain
Absent
Second Agenda Item No. _ I
File No.
rk City Manager
1 LEAGUE OF
w'=n CALIFORNIA
ry
CITIES
Council Action Advised by September 25, 2024
DATE: Wednesday, July 10, 2024
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 16- 18, 2024 Long Beach Convention Center
Every year, the League of California Cities convenes a member -driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.
Taking place on Oct. 18, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.
To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.
Action by Council Required. Consistent with Cal Cities bylaws, a city' s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.
Following council action, please submit your city' s delegates through the online submission portal by Wed., Sept. 25. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.
Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/ alternate records prior to the conference and provide pre -conference communications with voting delegates.
Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.
2 LEAGUE OF
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For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.
Please view Cal Cities' event and meeting policy in advance of the conference.
Transferring Voting Card to Non -Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.
Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8: 00 a. m.- 6: 00 p. m. and Thursday, Oct. 17, 7: 30 a. m.- 4: 00 p. m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7: 30 a. m., but will be closed during roll calls and voting.
The voting procedures that will be used at the conference are attached to this memo.
Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city' s voting delegate and alternates.
Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 25. If you have questions, please contact Zach Seals at zseals@calcities. org.
Attachments:
General Assembly Voting Guidelines
Information Sheet: Cal Cities Resolutions and the General Assembly 3 LEAGUE OF
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General Assembly Voting Guidelines
One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.
2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city' s voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates ( or alternates), and who have picked up their city' s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.
5. Voting. To cast the city' s vote, a city official must have in their possession the city' s voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.
Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
4 LEAGUE OF How it works: Cal Cities
CALIFORNIA
CITIES Resolutions and the General Assembly
General Resolutions
Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.
Petitioned Resolutions
The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.
General Assembly
Policy Committees
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.
Recommendations are forwarded
to the Resolutions Committee.
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved' by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.
General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.'
l 4. During the General Assembly, voting delegates 90
rasa• f debate and consider general and petitioned 4i, • T01 IMSV resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.
Who' s who
Cal Cities policy
development is a member -
informed process,
grounded in the voices and
experiences of city officials
throughout the state.
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.
The Resolution Committee can amend a general resolution prior to sending it to the General Assembly.
Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5( f).
Voting delegates
are appointed by each
member city; every city
has one voting delegate.
The General Assembly is a
meeting of the collective
body of all voting
delegates — one from
every member city.
Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.
Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.
For more information visit www.calcities.org/ general- assembly 5 STAFF REPORT
TO THE CITY COUNCIL
DATE: August 13, 2024
FROM: Carlos Zamano, City Manager
PREPARED BY: Alondra Munoz, City Clerk
SUBJECT: City Manager Report and Comments
Work Program, Regional/ Legislative/ Development Issues, Subcommittees, etc.)
RECOMMENDATION: Discussion and possible action.
Approved Motion
Denied Ayes
Continued Noes
Tabled Abstain
Absent
Second Agenda Item No.
File No.
Ci y Manager
1 STAFF REPORT
TO THE CITY COUNCIL
DATE: August 13, 2024
FROM: Carlos Zamano, City Manager
PREPARED BY: Alondra Munoz, City Clerk
SUBJECT: Council Member Comments
Agency/Committee/AB1234 Reports, District Updates, etc.) RECOMMENDATION: Discussion and possible action.
Approved
Denied
Motion
Ayes
Continued Noes
Tabled Abstain
Absent
Second Agenda Item No.
File No.
ity Manager
1