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Agenda, regular meeting, second session

Highland City Council
November 12, 2024

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Agenda, regular meeting, second session
Meeting
November 12, 2024
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Highland City Council
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13
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Text extracted from the city's file for reading and search. Open the original on highlandca.api.civicclerk.com. That file is the official record.

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CITY OF HIGHLAND

CITY COUNCIL AGENDA
Regular Meeting
November 12, 2024 at 6: 00 PM
City Hall Donahue Council Chambers
27215 Base Line, Highland CA 92346

COUNCILMEMBERS
Penny Lilburn, Mayor
District 3
Larry McCallon, Mayor Pro Tern
District 5
Jesse Chavez -Cordova, Councilmember
District 1
Anaeli Solano, Councilmember
District 2
John P. Timmer, Councilmember
District 4
STAFF
Carlos Zamano, City Manager
Lawrence Mainez, Community Development Director
Leticia Nava -Cruz, Director of Administrative Services/ City Treasurer Octavio Duran Jr., Public Works Director/ City Engineer Maricela Marroquin, City Attorney
Alondra Munoz, City Clerk

MISSION STATEMENT
Highland is dedicated to the betterment of the individual, the family, the neighborhood and the community.

The City Council and the staff of Highland are dedicated to providing the quality of public facilities and services that its citizens are willing to fund and will do so as efficiently as possible. 909) 864- 6861 www. cityofhighland. org
1 City Council Regular Meeting Agenda November 12, 2024 In compliance with the Americans with Disabilities Act (ADA), if you need special assistance, please contact the City Clerk' s office at ( 909) 864- 6861, ext. 226, at least 72 hours prior to the meeting for any requests for reasonable accommodations, including interpreters.

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

Levine Act: Pursuant to Government Code Section 84308, any party to a City proceeding must disclose on the record any campaign contributions made to a member of the City Council ( or commission) in excess of $250 in the past 12 months. This disclosure requirement includes contributions by the party' s agent and aggregated contributions from persons or entities related to the party. Please make the disclosure as soon as possible, but no later than the beginning of the proceeding.

CITY COUNCIL REGULAR MEETING
NOVEMBER 12, 2024 - 6: 00 p. m.

AGENDA

CALL TO ORDER

INVOCATION

PLEDGE OF ALLEGIANCE

ROLL CALL

REPORT FROM CLOSED SESSION

SPECIAL PRESENTATION
Recognition of Councilmember Jesse Chavez -Cordova, District 1

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

Individual speakers are limited to three ( 3) minutes each.

For those wishing to make public comments by email to be read aloud at the meeting, please submit your comments by 5: 00 p.m. on November 12, 2024, to the City Clerk at publiccomment( o) cityofhiphland. org. If you are submitting a public comment pertaining to an item on the November 12, 2024 agenda, please identify the agenda item number in the subject line.

Emailed comments submitted by a speaker that also appears in person to address the same matter will not be read into the record.

CITY COUNCIL CONSENT CALENDAR

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

Page 1 of 4 ends

2 City Council Regular Meeting Agenda November 12, 2024

2. Minutes - October 8, 2024 Regular City Council Meeting RECOMMENDATION: Approve the Minutes as submitted.

3. Minutes - October 8, 2024 City Council Special Meeting RECOMMENDATION: Approve the Minutes as submitted.

4. Warrant Register
RECOMMENDATION: Approve Warrant Register No. 771 for November 12, 2024, in the amount of $ 2, 356, 027. 12 and Payroll of $373, 220. 99.

5. Treasurer' s Report for September 2024
RECOMMENDATION: That the City Council receive and file Treasurer' s Report for September 2024.

6. Second Reading of Zone Change (ZC 24- 001): Ordinance No. 466 of the City of Highland to Change the Zoning Designation of Three ( 3) Parcels on 8. 3 acres from Single Family Residential ( R- 1) to Planned Development ( PD) Related to a Development Consisting of 79 Single -Family Lots
RECOMMENDATION: That the City Council conduct a second reading of Zone Change ( ZC 24- 001), read by title only, and waive further reading of Ordinance No. 466, changing the zoning designation from Single -Family Residential ( R- 1) to Planned Development ( PD).

7. Resolution No. 2024- , a Resolution of the City Council of the City of Highland, California, Reaffirming and Extending Proclamation of a Local Emergency in the City of Highland as a Result of the Line Fire
RECOMMENDATION: That the City Council adopt Resolution No. 2024- , continuing to extend the Proclamation of a Local Emergency in the City of Highland as a result of the Line Fire.

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

Once the Public Hearing is closed, no further testimony is taken.

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3 City Council Regular Meeting Agenda November 12, 2024

8. Public Hearing to Consider Calling a Special Election; Declaring the Results of the Election: and Approving Formation and Levy of Special Taxes for City of Highland Community Facilities District No. 24- 001 ( Highland Park) Generally Located North of Base Line, East of Club View Drive and West of the Greenbrier Place RECOMMENDATION: That the City Council:
1) Open the Public Hearing and take testimony, if any;
2) Adopt Resolution No. 2024- , entitled: A resolution of formation of the City Council of the City of Highland, California, to establish City of Highland Community Facilities District No. 24- 001 ( Highland Park), to establish an appropriations limit therefor, to authorize the submittal of the levy of special taxes, and to submit the establishment of an appropriations limit, to the qualified electors of such Community Facilities District;
3) Adopt Resolution No. 2024- , entitled: A resolution of the City Council of the City of Highland, California, calling a special election and submitting to the qualified electors of City of Highland Community Facilities District No. 24- 001 ( Highland Park) propositions regarding the establishment of an appropriations limit and the annual levy of a special tax within the Community Facilities District; 4) Adopt Resolution No. 2024- , entitled: A resolution of the City Council of the City of Highland, California, declaring the results of a special election in City of Highland Community Facilities District No. 24- 001 ( Highland Park) and directing the recording of a notice of special tax lien; and
5) Waive full reading, read by title only, and introduce Ordinance No. 2024- entitled: An ordinance of the City Council of the City of Highland, California, acting in its capacity as the legislative body of City of Highland Community Facilities District No. 24- 001 ( Highland Park) authorizing the levy of special tax therein.

CITY COUNCIL LEGISLATIVE

9. Construction and Construction Manaaement Services Contract Award - Greenspot Road Median and Parkway Improvements Project (Promect No. str23002) - Bid No. 2024- 06 RECOMMENDATION: That the City Council:
1) Award the construction contract for Bid No. 2024- 06, Greenspot Road Median and Parkway Improvements Project to the responsible low bidder Hardy & Harper, Inc., in the amount of $ 951, 000; and
2) Approve a budget adjustment of $ 400, 660 from the " 2007 RDA" fund balance Special Capital Projects ( Account No. 010. 2560) to be expended from Traffic Improvements ( Account No. 010- 3830- 6550).

10. 2025 Community Events
RECOMMENDATION: That the City Council discuss Community Events and direct staff accordingly.

11. Appoint Two (2) Members of the Public to the Community Trails Committee RECOMMENDATION: That the City Council appoint two ( 2) members of the public to the Community Trails Committee.

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

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4 City Council Regular Meeting Agenda November 12, 2024

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

ANNOUNCEMENTS

CLOSED SESSION

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

One case.

ADJOURN
Regular Meetings
Effective March 1, 2022, pursuant to Resolution No. 2022- 001, the regular City Council meetings will be held once a month on the second Tuesday of each month. The next regular meetings of the City Council for 2024 are as follows: December 10.

I, Alondra Munoz, Ci
7, 2024, by 5: 30 p. m
areas:
y Clerk, certify I caused to be posted this Agenda on or before November on our website at www. cityofhighland. org and in the following designated Highland Branch Library
7863 Central Avenue
Date: November 7, 2024
Fire Station No. 1 City Hall
26974 Base Line 27215 Base Line
Alondra lJurioz
City Clerk

Page 4 of 4 ends

5 STAFF REPORT

TO THE CITY COUNCIL
DATE: November 12, 2024
FROM: Carlos Zamano, City Manager
PREPARED BY: Alondra Munoz, City Clerk
SUBJECT: Waive the Reading of All Ordinances
RECOMMENDATION: Waive the reading of all Ordinances in their entirety and read by title only.

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

File No.
z?,-,— 4-
City Manager
1 STAFF REPORT

TO THE CITY COUNCIL
DATE: November 12, 2024
FROM: Carlos Zamano, City Manager
PREPARED BY: Alondra Munoz, City Clerk
SUBJECT: Minutes - October 8, 2024 Regular Meeting
RECOMMENDATION: Approve the Minutes as submitted.

Approved Motion Second Agenda Item No. 6F
Denied Ayes
Continued Noes File No.

Tabled Abstain
Absent
41 City CI rk City Manager
1 City Council Regular Meeting Minutes October 8, 2024

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

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

ROLL CALL

Present: Lilburn, McCallon, Solano, Timmer

Absent: Chavez -Cordova

REPORT FROM CLOSED SESSION
City Attorney Marroquin stated the City Council met in closed session regarding one case and there was no reportable action taken.

PUBLIC COMMENT ( ITEMS NOT ON THE AGENDA)
Chris Nielsen and Jane Bouch representing the Highland Chamber of Commerce spoke regarding upcoming events.

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

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

2. Minutes - September 10, 2024 Joint Regular City Council & Special Housing Authority Meeting
Approved the Minutes as submitted.

3. Minutes - September 12, 2024 City Council Special Meeting Approved the Minutes as submitted.

4. Warrant Register
Approved Warrant Register No. 770 for October 8, 2024, in the amount of $2, 172, 775. 33 and Payroll of $239,768.62.

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2 City Council Regular Meeting Minutes October 8, 2024

5. Treasurer' s Report for August 2024
Received and filed Treasurer' s Report for August 2024.

6. Claim Consideration - Linda Benjamin
Rejected claim.

7. Declare Three ( 3) Seats Vacant on the Historic and Cultural Preservation Board 1) Declared three ( 3) seats vacant on the Historic and Cultural Preservation Board; and
2) Directed the City Clerk to advertise the vacancies on the Historic and Cultural Preservation Board.

8. Selection of an Event Date and Budget for the 27th Annual Citrus Harvest Festival 1) Selected March 29, 2025 as the Event Date for the Citrus Harvest Festival, with a Rain Date of April 5, 2025; and
2) Adopted the budget.

9. Resolution No. 2024- 045, a Resolution of the City Council of the City of Highland California Reaffirming and Extending Proclamation of a Local Emergency in the City of Highland as a Result of the Line Fire
Adopted Resolution No. 2024- 045, extending the Prolamation of a Local Emergency in the City of Highland because of the Line Fire.

Id Yo7to] 1ito] V10w4e ,a1Z16' 1ARESOLUTION

OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA, PROCLAIMING THE
A

CONTINUED EXISTENCE OFALOCAL EMERGENCY AS
RESULT OF THE LINE FIRE 10. Proposed
Citv of Hiahland Communitv Development Block Grant (CDBG) Applications for Fiscal Year 2025/ 2026 Including One for Enhanced Code Enforcement and One for Pavement Rehabilitation and Ancillary Work on Two Streets: Sparks Street between Victoria Avenue and Cunninaham Street and 11th Street between Los Feliz Drive and Victoria Avenue 1) Approved
the city's application for Enhanced Code Enforcement that supports a portion of the salary and benefits ofa Code Enforcement Officer, Administrative Assistant, and Community Development Director; and2) Approved
the city's application to construct pavement rehabilitation and ancillary work on Sparks Street and Victoria Avenue within the CDBG Low - Moderate Income eligible block area boundaries. Page 2
of 13
3 City Council Regular Meeting Minutes October 8, 2024

CITY COUNCIL PUBLIC HEARING

11. General Plan Amendment ( GPA 24- 001) and Zone Change ( ZC 24- 001) from Low Density/Single- Family Residential ( LD/ R- 1) to Planned Development ( PD); Conditional Use Permit ( CUP 23- 010) for the Development of a 79- unit Small Lot Single -Family Community Design Review Application ( DRA 24- 003) for the Related Site Plan, Building Elevations Landscaping and Grading Plan; Tentative Tract Map No. 20693 ( TTM 24- 001) to Subdivide Three ( 3) Parcels Into 79 Single -Family Lots and Common Areas; Adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program ( EVN 24- 002) for the Adoption of Mitigation Measures for Potential Impacts Mayor Lilburn stated she would abstain from this item due to a conflict of interest; her property is in proximity to the project. She asked Mayor Pro Tern McCallon to open the public hearing.

Mayor Pro Tem McCallon opened the public hearing for the General Plan Amendment and Zone Change.

Assistant Planner Martinez stated this project entails a new gated residential community situated on the east side of Central Avenue, approximately 400 feet south of Base Line.

The development will consist of a small lot subdivision featuring 79 detached single-family homes, complemented by private recreational amenities. Spanning roughly eight acres, the site currently hosts a single- family home constructed in the 1950s and is surrounded by vacant land.

Access to the project will be provided via a single vehicle and pedestrian entry point on Central Avenue, alongside a secondary emergency access route further south on Central Avenue. Although the site is adjacent to Bruce Street and Crest Street, there will be no access points at these locations. The project will incorporate a six-foot perimeter block wall, complete with wrought iron gates and decorative entry features.

The recreational facilities will include two tot lots, shaded turf areas, an overhead trellis with seating, a barbecue island, and benches. The recreational area, along with the water quality basin, front yards, and parkways along Central Avenue and the interior streets, will be private and fully maintained by a future Homeowners Association ( HOA). Individual homeowners will be responsible for the upkeep of their respective interior side and rear yards. Given the narrow lot widths, parking has been thoroughly analyzed to ensure adequate parking spots in the recreational area and on -street parking on one side of the interior streets.

All homes within the subdivision will be two stories tall to achieve the desired scale for the detached residences on smaller lots. There will be three plan options available, each with three distinct architectural styles. The current zoning classification for the site is Residential 1 ( R1), which allows for a maximum density of six units per acre. To accommodate the proposed density of 9. 3 units per acre, the applicant is seeking a zone change and a General Plan Amendment to a Planned Development Designation ( PD).

This designation allows for customized development standards and density, provided they are harmonious with the surrounding neighborhoods, which include single-family homes to the west and south and multifamily units to the east of Jeffrey Senior Court Apartments.

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4 City Council Regular Meeting Minutes October 8, 2024
Applicant Peter Carlson, representing Strategic Land Solutions, thanked staff, Planning Commission, and City Council for this opportunity and any recommendations they have made.

Councilmember Timmer stated he reviewed the minutes from the Planning Commission meeting, where there was discussion regarding the recreational area and materials to be utilized. He inquired about the final decisions concerning the materials that will be implemented.

Applicant Carlson stated the Planning Commission provided valuable feedback and acknowledged further design is necessary. The play areas for children will be distinct from those for older kids, yet they will remain accessible to all. The design will incorporate grass, turf, hard surfaces for bicycles, and other specialized materials. These selections aim to ensure safety and maintain good hygiene. The materials will be reviewed by our landscape architect.

Councilmember Timmer questioned the detention basin. The project is fairly level, and need to consider the potential overflow of the detention basin and the path the water will take.

Assistant Public Works Director Bennett explained, overflow from the basin will flow southward toward Crest Street. This area features a discharge point and is designed to handle a 100- year capacity. The basin is engineered to manage this capacity and will release water into Crest Street via an under -drain, directed towards the west. If the system exceeds the 100- year capacity, excess water will drain onto the roadway at Crest Street, flowing westward toward Cunningham Street. There is a drainage system in place specifically designed for the 100- year flow that connects to this system. However, during overflow conditions, water will spill onto the roadway. Portions of this roadway will be constructed to accommodate the westerly flow, with plans to build the curb and gutter on the north side adjacent to the basin.

Mayor Pro Tern McCallon stated he has concerns about the recreational park being in front of the entrance.

Applicant Carlson explained there were two reasons for the park' s position: ( 1) not to have vehicles drive into the community and their headlights intrude onto living space and ( 2) for aesthetics, a green space and an entry amenity. This original concept originated during the Design Review process. It felt like the right location given the circulation within the community and for aesthetic purposes.

Mayor Pro Tem McCallon stated the external wall should be eight feet high all the way around instead of six feet, as this is essential for security reasons. With a six-foot wall, bystanders could look over it easily.

Applicant Carlson stated the developer can accommodate the request, the original sixfoot design was proposed per city code, but if it is City Council' s pleasure to increase it to eight feet, they can make the revision.

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5 City Council Regular Meeting Minutes October 8, 2024
Mayor Pro Tem McCallon reiterated the eight -foot wall is necessary because if the community is an ( HOA), all the houses that back up to the neighboring commercial areas are going to want to put additional fencing. Multiple requests to the HOA would be a mess, this revision prevents it from happening.

Councilmember Timmer stated additional concerns with the project. High density is a concern, but acknowledges it is requirements dictated by State law. Another concern is parking availability. While parking complies with the code, a lot of the units are four - bedroom units which can potentially generate a couple of vehicles per household, especially because some residents utilize their garages as storage. With limited parking and only one side of the street available for parking, this can become a problem. In addition, he stated he has always favored projects that have a variety, and this project only has two-story homes, he would have like to see some single story so there is a balance. Given the size of the lots, he acknowledges it can present a challenge. Most of the projects that were approved in the past had a special assessment in a Community Facilities District ( CFD) for police and fire resources. It would be beneficial for the City Council to discuss adding to the conditions a special tax for police and fire. The reason for proposing this is typically, high density projects require more public safety response calls.

Mayor Pro Tem McCallon responded that those topics can be further discussed after the public hearing is closed.

Applicant Carlson stated he wanted to respond to Councilmember Timmer' s concerns.

The project is a conventional designed single- family detached subdivision, and each house has a two -car garage, full length driveway that parks two vehicles. There is parking on one side of the street and nine parking spaces adjacent to the park. The developer completely understands the concern about parking and characterizes the project as medium density not high density. The goal is to provide a housing type within the city that allows for homeownership of a detached house on a smaller lot more attainable. It caters to individuals transitioning from attached, higher density living, to very low -density options. The detached setting will have a complete two -car garage, a two -car driveway, and a park, along with all the amenities associated with living in a detached neighborhood.

This design positions us right in the middle of the density spectrum.

Mayor Pro Tem McCallon asked about street parking regulations, would there be signage indicating no parking on one side of the street or would it be a red painted curb for fire? Applicant Carlson confirmed the curb on one side of the street will be painted red.

Mayor Pro Tem McCallon asked if there were any further questions. He had no speaker slips. Seeing no further questions, he closed the public hearing and brought it back to City Council for discussion.

Councilmember Timmer requested staff create a condition tonight or delay the project for 30 days to come up with language to address the special fees for police and fire. An inflationary clause would need to be included as well.

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6 City Council Regular Meeting Minutes October 8, 2024
City Attorney Marroquin suggested a condition could be added tonight that says prior to the issuance of a Certificate of Occupancy, or if City Council wants an earlier trigger, the developer shall establish a funding mechanism acceptable to the city. It would be for the extra amount of services that are specific to that project that would be added to the CFD.

Another option is to continue the item for further discussion on the proposed condition.

City Attorney Marroquin asked to reopen the public hearing.

Mayor Pro Tern McCallon reopened the public hearing.

Applicant Carlson mentioned the language is acceptable; however, the main concern lies in how to calculate the additional fee. If the city can provide some direction on how to calculate.

City Attorney Marroquin indicated establishing those parameters tonight would not be feasible. She acknowledges that sometimes for CFDs you have those studies done ahead of time. None of those studies have been completed.

Applicant Carlson responded that he understood, and they preferred not to continue the item. The question is how would the calculation be made? Public Works Director/ City Engineer Duran Jr. stated a typical way to get funding is through a public safety CFD, and to the developers point, there are studies to establish the rates. A CFD would be an appropriate way to go about it.

Applicant Carlson stated this will be acceptable and given this has been done for past projects there would be a reference on how to go about it.

Public Works Director/ City Engineer Duran Jr. stated it is similar to a landscape CFD but with a different service.

Mayor Pro Tem McCallon stated the direction to staff would be there has to be a CPI or a similar escalation in there, it cannot be fixed. He closed the public hearing and brought it back to City Council for further discussion and action.

City Attorney Marroquin questioned if the City Council wants to incorporate the tot lots and the Planning Commission' s recommendations on the re -design that will go to staff for later review?
Community Development Director Mainez responded a condition does have to be made; those are good directives in the Minutes.

City Attorney Marroquin responded that her concern was to make sure the City Council' s directive includes the Planning Commission' s recommendation, so it is part of the approval of the project.

Mayor Pro Tern McCallon asked, did the Planning Commission include the wall height in their conditions?

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7 City Council Regular Meeting Minutes October 8, 2024
Community Development Director Mainez stated he is reviewing the Highland Municipal Code for potential flexibility. The code was updated a few years ago, and previously utilized the six-foot standard. Increasing this to eight feet would necessitate a variance and is uncertain if it can be substantiated on flat property. The code is very clear, it is six feet.

Mayor Pro Tem asked if it has to be a Condition of Approval? Community Development Director Mainez responded it would be a variance.

Unfortunately, a variance could not be approved at tonight's meeting. It is suggested that the six- foot wall is kept because that would be consisted with the code. There are exceptions when there is an environmental study, but that applies to commercial properties. The code does not allow flexibility in residential areas.

Councilmember Timmer stated it is adjacent to a commercial project.

Community Development Director Mainez responded potentially on the north side along the commercial corridor, there might be potential findings to support the additional height on the northern side, but along the residential areas it is going to have to be six feet.

Mayor Pro Tem responded to vote in favor of the project, the wall needs to be constructed to eight feet.

Community Development Director Mainez stated the code allows the director to make minor adjustments after a certain percentage but that is not two feet. The item would have to be tabled to further explore some design and look at it in more detail and look at some of the findings. It would be brought back for consideration.

City Attorney Marroquin stated it cannot be possible to take just one part of the project out, it must be a full approval. It is a General Plan amendment that requires a 3- 0 vote, which would include Mayor Pro Tem McCallon' s vote. The best course of action would be to continue the item and allow staff to look into the wall issue to see whether a variance or some other mechanism is available to get an eight -foot wall.

Community Development Director Mainez stated the developer on the record stated they would commit to the eight -foot wall height. In looking at the code, it does cap it off at six feet. Findings would have to be developed to support the additional height unfortunately.

City Attorney Marroquin added it would have to go back to the Planning Commission because it is a variance. With a variance, you are changing the project from what was considered by the Planning Commission, making it a different kind of entitlement that is being added.

Mayor Pro Tem McCallon reopened the public hearing.

Applicant Carlson stated they have a PD Application. And in the PD Application, they have the ability to deviate from some development standards. If the standards were to be change verbally at this meeting to an eight -foot perimeter wall, that would be part of the PD Application and would not require a variance.

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8 City Council Regular Meeting Minutes October 8, 2024
Councilmember Timmer stated he remembered in the past there were discussions where eight -foot walls were approved but does not recall the process.

Community Development Director Mainez responded that a lot of minor variances have been granted for these things. The code does allow the height up to ten feet in some cases when you are contiguous to an industrial area or commercial. There are provisions that allow flexibility, so you do not have to do a variance, but it is clear when it comes to our residents, the intention is, you do not want to block them in. The six-foot height was established unless there was a study to convince the city that a variance is needed to protect the resident from noise or light.

Mayor Pro Tern McCallon announced there will be a short ten- minute recess.

Following the 10- minute recess, Community Development Director Mainez announced after examining Chapter 16. 12 of the Highland Municipal Code Special Districts, related to Planned Development Districts, the mechanism selected tonight is a Conditional Use Permit to codify the standards. Through this you can set forth the standards for heights of walls and allow for the eight -foot wall this evening.

Mayor Pro Tern McCallon asked how is it codified?
Community Development Director Mainez responded that a condition can be added to require the boundary walls be a minimum of eight feet high.

City Attorney Marroquin stated for the record, the conditions added are: 1) prior to issuance of a Certificate of Occupancy the developer shall establish a funding mechanism acceptable to the city for additional Public Safety Services ( police and fire) caused by the project and the CFD must include an escalator, 2) the boundary wall shall be eight feet in height, and 3) the requirements that pertain to the tot lots based on the Planning Commission' s directives.

A MOTION was made by Mayor Pro Tern McCallon, seconded by Councilmember Timmer, to:
1) Adopt Resolution No. 2024- 046, approving a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program ( ENV 24- 002), and direct staff to file a Notice of Determination with the San Bernardino County Clerk of the Board of Supervisors;
2) Adopt Resolution No. 2024-047, approving General Plan Amendment ( GPA 24- 001) to change the land use designation of the site from Low Density ( LD) Residential to Planned Development ( PD);
3) Introduce Ordinance No. 466, approving Zone Change ( ZC 24- 001), changing the zoning designation of the site from Single-family ( R- 1) Residential to Planned Development ( PD);
4) Adopt Resolution No. 2024- 048, approving Conditional Use Permit ( CUP 23- 010) for a 79- unit single- family Planned Development and related improvements, subject to the Conditions of Approval and Findings of Facts; 5) Adopt Resolution No. 2024- 049, approving Design Review Application ( DRA 24- 003) for the Site Plan, Building Elevations, Conceptual Grading Plan, and Conceptual Landscape Plan for the residential development, subject to the Conditions of Approval, Design Directives, and Findings of Fact; and

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9 City Council Regular Meeting Minutes October 8, 2024
6) Adopt Resolution No. 2024- 050, approving Tentative Tract Map No. 20693 ( TTM 24- 001) for the subdivision of three ( 3) parcels into 79 single- family lots and common areas, subject to Conditions of Approval and Findings of Fact. Motion carried, 3- 0, ( with proposed modifications) with Mayor Lilburn abstaining and Councilmember Chavez -Cordova being absent.

RESOLUTION NO. 2024- 046

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION ( ENV 24- 003)

AND MITIGATION MONITORING AND REPORTING PROGRAM ( MMRP) TO PERMIT THE DEVELOPMENT OF 79 SINGLE- FAMILY LOTS WITH COMMON AREAS ON APPROXIMATELY 8. 3 ACRES LOCATED ON WEST SIDE OF CENTRAL AVENUE, APPROXIMATELY 400 FEET SOUTH OF BASE LINE PERTAINING TO GENERAL PLAN AMENDMENT ( GPA 24- 001) AND ZONE CHANGE ( ZC 24- 001), CONDITIONAL USE PERMIT ( CUP 23- 010), DESIGN REVIEW APPLICATION ( DRA 24- 003), AND TENTATIVE TRACT MAP NO. 20693 ( TTM 24- 001). ( ASSESSOR PARCEL NUMBERS 1192- 341- 11, 1192- 361- 45, AND 1192- 361- 47).

RESOLUTION NO. 2024- 047

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA, GENERAL PLAN AMANDMENT ( GPA 24- 001) TO CHANGE THE LAND USE OF THREE ( 3) SUBJECT PARCELS FROM LOW DENSITY ( LD) RESIDENTIAL TO PLANNED DEVELOPMENT ( PD) FOR A DEVELOPMENT CONSISTING OF 79 SINGLE- FAMILY LOTS AND COMMON AREAS ON A 8. 3 ACRE SITE LOCATED ON THE WEST SIDE OF CENTRAL AVENUE, APPDXIMATELY 400 FEET SOUTH OF BASE LINE. ( ASSESSOR' S PARCEL NUMBERS 1192- 341- 11, 1192- 361- 45, AND 1192- 361- 47)
RESOLUTION NO. 2024- 048

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT (CUP 23- 010) FOR A PLANNED RESIDENTIAL DEVELOPMENT CONSISTING OF 79 DETACHED SINGLE- FAMILY LOTS AND COMMON AREAS ON AN 8. 3 ACRE SITE LOCATED WEST OF CENTRAL AVENUE, APPROXIMATELY 400 FEET SOUTH OF BASE LINE

WITH RELATED ENTITLEMENTS INCLUDING DESIGN REVIEW APPLICATION DRA 24- 003), TENTATIVE PARCEL MAP NO. 20693 ( TPM 24- 001), GENERAL PLAN AMENDMENT ( GPA 24- 001), AND ZONE CHANGE ( ZC 24- 001). ( ASSESSOR PARCEL NUMBERS 1192- 341- 11, 1192- 361- 45, AND 1192- 361- 47) RESOLUTION NO. 2024- 049

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA, APPROVING DESIGN REVIEW APPLICATION ( DRA 24- 003) FOR THE

SITE PLAN, ROUGH GRADING PLAN, AND CONCEPTUAL LANDSCAPE PLAN PERTAINING TO THE DEVELOPMENT CONSISTING OF 79 SINGLE- FAMILY LOTS

AND COMMON AREAS LOCATED ON THE WEST SIDE OF CENTRAL AVENUE, APPROXIMATELY 400 FEET SOUTH OF BASE LINE. RELATED ENTITLEMENTS INCLUDE CONDITIONAL USE PERMIT ( CUP 23- 010), TENTATIVE TRACT MAP NO. 20693 ( TTM 24- 001), GENERAL PLAN AMENDMENT ( GPA 24- 001), AND ZONE CHANGE ( ZC 24- 001)

Page 9 of 13 ends

10 City Council Regular Meeting Minutes October 8, 2024 RESOLUTION NO. 2024- 050

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 20693 ( TTM 24- 001) TO SUBDIVIDE THREE ( 3) PARCELS INTO 79 SINGLE- FAMILY PARCELS IN ASSOCIATION WITH CONDITONAL USE PERMIT ( CUP 23- 010), DESIGN REVIEW APPLICATION ( DRA 24- 003), GENERAL PLAN AMENDMENT (GPA 24- 001), AND ZONE CHANGE ( ZC 24- 001) TO DEVELOP 79- UNIT SMALL LOT SINGLE- FAMILY

LOTS WITH COMMON AREAS LOCATED ON THE WEST SIDE OF CENTRAL AVENUE, APPROXIMATELY 400 FEET SOUTH OF BASE LINE ( ASSESSOR PARCEL NUMBERS 1192- 341- 11, 1192- 361- 45, AND 1192- 361- 47) City Clerk Munoz introduced Ordinance No. 466
ORDINANCE NO. 466

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA, APPROVING ZONE CHANGE ( ZC 24- 001) TO CHANGE THE ZONING DESIGNATION OF THREE ( 3) PARCELS FROM SINGLE- FAMILY RESIDENTIAL R- 1) TO PLANNED DEVELOPMENT ( PD) RELATED TO A DEVELOPMENT CONSISTING OF 79 SINGLE- FAMILY LOTS AND COMMON AREAS ON AN & 3

ACRE SITE LOCATED ON THE WEST SIDE OF CENTRAL AVENUE,
APPROXIMATELY 400 FEET SOUTH OF BASE LINE ( ASSESSOR PARCEL NUMBERS 1192- 341- 11, 1192- 361- 45, AND 1192- 361- 47) Which title was read.

CITY COUNCIL LEGISLATIVE

12. Rejection of Bids - Bid No. 2024- 05, " Bledsoe Creek Storm Drain ( Line " A") and Slope Repair" ( Project No. sdr17001)
Public Works Director/ City Engineer Duran Jr. gave a brief review of the staff report.

A MOTION was made by Mayor Pro Tem McCallon, seconded by Councilmember Solano to..
1) Reject all bids;
2) Direct staff to modify the project scope as necessary; and 3) Re -advertise for construction bids at a later date for Bid No. 2024- 05, " Bledsoe Creek Storm Drain ( Line " A") and Slope Repair" ( Project No. sdr17001). Motion carried 4- 0, with Councilmember Chavez -Cordova being absent.

13. Construction and Construction Management Services Contract Awards - Bid No. 2024-

02. " Hiahland Natural Parkland Trail Proiect" ( Proiect No tra20001) Public Works Director/ City Engineer Duran Jr. gave a brief review of the staff report.

Page 10 of 13 ends

11 City Council Regular Meeting Minutes October 8, 2024 A MOTION was made by Councilmember Timmer, seconded by Councilmember Solano to:
1) Award the construction contract for Bid No. 2024- 02, " Highland Natural Parkland Trail Project" to the responsible low bidder, HL Hitchcock Construction, Inc., in the amount of $ 1, 434, 882. 50;
2) Approve the proposal from Engineering Resources of Southern California, Inc.

ERSC) to provide Construction Management and Inspection Services ( CM Services in the amount of $ 190, 011. 00;
3) Authorize the City Manager to approve amendments to the ERSC task order up to 10% of the proposal amount; and
4) Approve a budget fund adjustment to transfer $ 229, 178 from the General Capital Financing fund balance (Account No. 023- 2510) to be expended from the Trails Construction fund ( Account No. 023- 3890- 6816). Motion carried 4- 0, with Councilmember Chavez -Cordova being absent.

14. City Manager Report and Comments (Work Program, Regional/ Legislative/ Development Issues, Subcommittees, etc.)
City Manager Zamano stated the Highland Sheriff's Department for the period of September 9 through October 7 received a total 3, 043 calls, made 294 reports, 130 arrests, 74 citations, 254 traffic enforcement stops, 60 traffic collisions, towed 15 vehicles, 28 transient calls.

The Highland Fire Department for the month of August received 589 calls for service, some of which included: 447 medical aids, 26 traffic collisions, 12 structure fires, 23 vegetation fires, and 6 vehicle fires.

The 2024 General Election is 28 days away. Early voting starts this week. Residents can utilize the 24- hour mail ballot box situated in front of Highland City Hall and will remain open until the polls close at 8: 00 p. m. on Tuesday, November 5. Vote -by -mail ballots can be returned via mail, at designated drop- off locations, or directly to your county elections office.

The Public Works Department is collaborating with the California Governor' s Office of Emergency Services ( CaIOES) to evaluate the damage caused by the Line Fire and pursue reimbursement for necessary repairs. The majority of affected areas are located within the East Highlands Ranch HOA, and city staff are actively coordinating with them to secure funding for this work. Fortunately, no structures were damaged. However, there was considerable damage to the back hillside and vegetation. City staff are actively working with federal, state and San Bernardino County teams on this initiative.

Assessments of the burned areas are currently in progress.

This week marks the commencement of improvements on Greenspot Road focusing on the parkway enhancements between Boulder Avenue and the SR- 210 interchange. The bid opening is scheduled for October 31. This project aims to enhance access to the Costco and shopping center by modifying the median to create a 300- foot dual eastbound left turn lane at the Chevron Gas Station entrance. Additionally, it includes constructing a 200-foot dedicated right turn pocket for the westbound SR- 210 on -ramp to accommodate dual right turn lanes.

Pagel 1 of 13
12 City Council Regular Meeting Minutes October 8, 2024 It will extend the eastbound left -turn lane to 330 feet, to allow for a left -turn pocket that is currently closed due to the lack of development on the north side. With the upcoming development, there is an opportunity to widen and lengthen this single lane left -turn pocket. Staff anticipates presenting the project at the City Council meeting on November

12. Construction should be completed by late February or early March of 2025, coinciding with the grand opening of Costco.

For the month of September, Burrtec completed 190 illegal dumping work orders.

On Saturday, October 12 from 9: 00 a. m. to 2: 00 p. m., Fire Station # 3 will host an Open House.

October 23 through October 31 will be Red Ribbon Week.

Saturday, November 2 from 8: 00 a. m. to 12: 00 p. m., the Highland Improvement Team HIT) will conduct a cleanup.

The Planning Commission granted a Design Review Entitlement for 94 detached residential units. This plan includes the development of two mini parks and community trails, situated within the final phase four of the Mediterra Planned Development at the eastern end of Greenspot Road.

The City of Highland' s Code Enforcement and Highland Police Department will partner with San Bernardino County Department of Public Health to address issues concerning illegal food vendors. This partnership will involve organizing regular joint field inspections and enforcement activities during the evening hours over the coming months.

Representatives from both the City of Highland and the County of San Bernardino have been convening to discuss policies, procedures, and legal considerations related to food vending in anticipation of the upcoming enforcement.

18. Councilmember Comments ( Agency/ Committee/ AB 1234 Reports, District Updates etc.

Mayor Lilburn thanked the Highland Fire Department for their excellent work.

Councilmember Solano stated she participated in the Discover Highland 5k and 10k Run/ Walk, the gathering was impressive.

Mayor Pro Tem McCallon stated he traveled to China on behalf of the South Coast Air Quality Management District ( AQMD), to sign a memorandum of cooperation with the shippers in China to use cleaner fuels when arriving to the Long Beach and Los Angeles Ports, which are the largest source of air pollution in Southern California.

Mayor Lilburn thanked everyone who attended the grand reopening of the Highland Senior Center.

ANNOUNCEMENTS
None

Page 12 of 13 ends

13 City Council Regular Meeting Minutes October 8, 2024

CLOSED SESSION
None

ADJOURN
There being no further business, Mayor Lilburn adjourned the meeting at 7: 19 p. m. in memory of Olen Jones.

Submitted By:

Alondra Munoz
City Clerk
Approved By. -
Penny Lilburn
Mayor

Page 13 of 13 ends

14 STAFF REPORT

TO THE CITY COUNCIL
DATE: November 12, 2024
FROM: Carlos Zamano, City Manager
PREPARED BY: Alondra Munoz, City Clerk
SUBJECT: Minutes - October 8, 2024 Special Meeting
RECOMMENDATION: Approve the Minutes as submitted.

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

File No.

City C 1 y Manager
1 City Council Special Meeting Minutes October 8, 2024

CALL TO ORDER
The special meeting of the City Council of the City of Highland was called to order at 5: 30 p. m. by Mayor Lilburn at the Donahue Council Chambers, 27215 Base Line, Highland, California.

ROLL CALL

Present: Lilburn, McCallon, Solano, Timmer

Absent: Chavez - Cordova

PUBLIC COMMENT ( LIMITED TO ITEMS ON THIS AGENDA ONLY)
None

CLOSED SESSION
At 5: 30 p. m., City Manager Zamano read the City Council into closed session regarding the following:

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956. 9 regarding City of Highland v. Georgia L. Oechsner, Robert Chaney, et. al, San Bernardino County Court Case Number CIVSB2421541.

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code Section 54956. 9( d)( 2):

One case.

ADJOURN
There being no further business, Mayor Lilburn adjourned the meeting at 5: 40 p. m.

Submitted By:

Alondra Munoz
City Clerk
Approved By:

Penny Lilburn
Mayor

Page 1 of 1 ends

2 STAFF REPORT

TO THE CITY COUNCIL
DATE: November 12, 2024
FROM: Carlos Zamano, City Manager
PREPARED BY: Leticia Nava -Cruz, Director of Administrative Services/ City Treasurer SUBJECT: Warrant Register # 771
RECOMMENDATION: City Council to approve Warrant Register # 771; Warrants in the amount of $2, 356, 027. 12 and Payroll in the amount of $373, 220. 99 FISCAL IMPACT: The total of Cash and Expenditures is $ 2, 729, 248. 11 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: See Printouts Attached.

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

File No.

City C
Manager
1 Warrants:

CITY OF HIGHLAND
WARRANT REGISTER # 771
November 12, 2024
10/ 1/ 2024 Ck# 90192- 90231 & Wire# 10022747523
10/ 4/ 2024 Payroll Wire # 947- 950 & Ck # 90232
10/ 4/ 2024 Payroll Wire # 951- 954
10/ 8/ 2024 Ck# 90233- 90273
10/ 15/ 2024 Ck# 90274- 90327
10/ 18/ 2024 Payroll Wire # 955- 958 & Ck # 90328
10/22/2024 Ck# 90329- 90355
10/ 29/ 2024 Ck# 90356- 90408
11/ 1/ 2024 Wire# 959- 962 & Ck # 90409
Payroll:
10/ 4/ 2024 Direct Deposits # 14444- 14486
10/ 4/ 2024 Ck # 731
10/ 4/ 2024 Direct Deposits # 14487
10/ 18/ 2024 Direct Deposits # 14488- 14529
10/ 18/ 2024 Ck # 732
11/ 1/ 2024 Direct Deposits # 14530- 14571
11/ 1/ 2024 Ck # 733
Total Warrants & Payroll
APPROVED BY:

Larry McCallon
Finance Subcommittee
John Timmer
Finance Subcommittee
163, 886. 21
73, 879. 72
11, 573. 07
257, 413. 90
233, 231. 45
69, 922. 21
222, 963. 67
1, 253, 973. 13
69, 183. 76
Total Warrants $ 2, 356, 027. 12
121, 926. 24
279. 98
17, 124. 97
116, 394. 50
279. 98
116, 935. 34
279. 98
Total Payroll $ 373, 220. 99
2, 729, 248. 11
Carlos Zamano
City Manager
Leticia Nava -Cruz
Director of Administrative
Services/ City Treasurer
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DATE:

FROM:

PREPARED BY:

SUBJECT:

RECOMMENDATION:

FISCAL IMPACT:

STAFF REPORT

TO THE CITY COUNCIL
November 12, 2024
Carlos Zamano, City Manager
Tish Nava -Cruz, Director of Administrative Services/ City Treasurer VOc' Treasurer' s Report for September 2024
City Council to receive and file the Treasurer' s Report for September 2024
Cash and Investments:

General Fund
Special Revenue Funds
Internal Service Funds
Capital Projects Funds
Agency Funds
Housing Authority Fund
SARDA Funds
11, 311, 961. 56
38, 122, 084. 27
5, 560, 102. 71
30, 008,480.43
1, 564, 111. 77
3, 729, 339.42
3, 063, 161. 20
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: Increases in the checking account were due to revenues received plus funds wired from LAIF and CAMP. Decreases in the checking account were a result of payments to vendors, payroll and funds wired to LAIF, CAMP and U. S. Bank. Increases in the fiscal agent accounts ( US Bank) resulted from interest and bond payment receipt. Decreases resulted in vendor payments and debt service payments. Increases in the CAMP account were due to interest received. Decreases were a result of funds being wired to the city' s checking account primarily for payment of public works projects. The maximum limit on regular accounts is $ 75M.

Attachments: Treasurers Report, Treasurer's Report Graph, Cash and Investments Graph and General Fund Reserves Graph
Approved Motion Second Agenda Item No. Jr
Denied Ayes
Continued Noes File No.

Tabled Abstain
Absent
City CXrV City Manager
1 CITY OF HIGHLAND
Treasurer' s Report
as of September 30, 2024
CASH AND BANK ACCOUNTS:

Cash on Hand - Office Petty Cash & Change Fund Accounts Wells Fargo Checking Account ( reconciled book balance) 1, 150. 00
2, 215, 143. 22

MATURITY PAR ORIGINAL

DESCRIPTION PERIOD YIELD VALUE COST
INVESTMENTS: LOCAL GOVERNMENT INVESTMENT POOLS
California Treasurer' s Local Agency Investment Fund ( LAIF) n/ a 4. 575% General Fund 13, 975, 391. 97
Special Revenue Funds 27, 155, 122. 00
Internal Service Funds 5, 868, 225. 00
Capital Projects Funds 26, 675, 013. 00
Total City LAIF Funds 73, 673, 751. 97
Housing Authority Fund
Total Housing Authority LAIF Funds
Total LAIF Funds
1) Maximum limits on accounts are $ 75M City and $ 75M Housing Authority. 2) Market Value is based on the June 30, 2024 applicable percentage of 0. 996316042 3) Market Value is $ 77, 188, 306. 44 ($ 77, 473, 716. 36 x 0. 996316042).

California Asset Management Program ( CAMP) n/ a
General Fund
Special Revenue Funds
Capital Projects Funds
Total CAMP Funds
INVESTMENTS: FISCAL AGENT ACCOUNTS
US Bank Coraorate Trust Services ( Community Facilities Districts Community Facilities District ( CFD) 90- 1
Administrative Expense Fund # 128262- 011
US Bank Money Market Account CUSIP # 60934N872
Fire Protection Expense Fund # 128262- 012
US Bank Money Market Account CUSIP # 60934N872
Police Protection Expense Fund # 128262- 013
US Bank Money Market Account CUSIP # 60934N872
Community Facilities District ( CFD) 2001- 1
Special Tax Fund # 217795000
US Bank Money Market Account CUSIP # 60934N872
Interest Account # 217795001
US Bank Money Market Account CUSIP # 60934N872
Principal Account # 217795002
US Bank Money Market Account CUSIP # 60934N872
Administrative Expense Account #217795003
US Bank Money Market Account CUSIP # 60934N872
Surplus Fund # 217795004
US Bank Money Market Account CUSIP # 60934N872
Community Facilities District ( CFD) 2007- 1
Administrative Expense Fund # 260722000
US Bank Money Market Account CUSIP # 60934N872
Fire Expense Fund # 260722001
US Bank Money Market Account CUSIP # 60934N872
Police Expense Fund # 260722002
US Bank Money Market Account CUSIP # 60934N872

TOTAL INVESTMENTS US BANK ( COMMUNITY FACILITIES DISTRICTS) I

5. 290%
3, 799, 964. 39
3, 799, 964. 39
77, 473, 716. 36
3, 386, 320. 85
1, 898, 626. 00
6, 359, 113. 00
11, 644, 059. 85
n/ a 4. 56% 109, 952. 34 109, 952. 34
n/ a 4. 56% 10, 204. 01 10, 204. 01
n/ a 4. 56% 3, 774. 37 3, 774. 37
n/ a 4.56% 8, 913. 22 8, 913. 22
n/ a 0. 00%
n/ a 0. 00%
n/ a 4. 56% 8, 809. 66 8, 809. 66
n/ a 4. 56% 30, 431. 70 30, 431. 70
n/ a 4. 56% 8, 569. 87 8, 569. 87
n/ a 4. 56% 361. 59 361. 59
n/ a 4. 56% 133. 63 133. 63
181, 150. 39
2 MATURITY PAR ORIGINAL

DESCRIPTION PERIOD YIELD VALUE COST
INVESTMENTS: FISCAL AGENT ACCOUNTS ( continued)
US Bank Corporate Trust Services ( SARDA)
2004E Tax Allocation Refunding Bonds
Special Fund 786709001
Federated Treasury Obligations CUSIP # 60934N872
Interest Fund 786709002
Federated Treasury Obligations CUSIP # 60934N872
Principal Fund 786709003
Federated Treasury Obligations CUSIP # 60934N872
Reserve Fund 786709004
Federated Treasury Obligations CUSIP # 60934N872
2015A Tax Allocation Refunding Bonds
Special Fund 268777000
Federated Treasury Obligations CUSIP # 60934N872
Interest Fund 268777001
Federated Treasury Obligations CUSIP # 60934N872
Principal Fund 268777002
Federated Treasury Obligations CUSIP # 60934N872
Reserve Fund 268777004
Federated Treasury Obligations CUSIP # 60934N872
Expense Account268777006
Federated Treasury Obligations CUSIP # 60934N872
2017 Tax Allocation Refunding Bonds
Debt Service Fund 259928000
Federated Treasury Obligations CUSIP # 60934N872
Interest Fund 259928001
Federated Treasury Obligations CUSIP # 60934N872
Principal Fund 259928002
Federated Treasury Obligations CUSIP # 60934N872
Reserve Fund 259928004
Assured Guaranty Municipal Bond Insurance

TOTAL INVESTMENTS US BANK ( SARDA)

TOTAL CASH AND INVESTMENTS
n/ a 4. 56% 3, 662. 59 3, 662. 59
n/ a 0. 00% - -
n/ a 0. 00% - -
n/ a 4. 56% 173, 205. 96 173, 205. 96
n/ a 4. 56% 543. 83 543. 83
n/ a 4. 56% 106. 91 106. 91
n/ a 0. 00%
n/ a 4. 56% 979, 402. 56 979, 402. 56
n/ a 4. 56% 14, 818. 78 14, 818. 78
n/ a 4. 56% 671, 060. 86 671, 060. 86
n/ a 4. 56% 124. 59 124. 59
n/ a 4. 56% 1, 095. 46 1, 095. 46
n/ a 0. 00%
1, 844, 021. 54
93, 359, 241. 36
All investments are placed in accordance with City of Highland' s Investment Policy and Guidelines. The above summary provides sufficient cash flow liquidity to meet the next six mont ' s estimated expenditures. This report is in accordance with Government Code Section 53646.

SIGNED: ZLtSIGNED:-
Carlos Zamano Leticia Nava - Cruz

CITY MANAGER DIRECTOR OF ADMINISTRATIVE

SERVICES/ CITY TREASURER
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6 STAFF REPORT

TO THE CITY COUNCIL
DATE: November 12, 2024
FROM: Carlos Zamano, City Manager
RE VIEWED BY: Lawrence A. Mainez CommunityY Development P ment Director & Kim Stater, Assistant Community Development Director
PREPARED BY: Tiffany Martinez, Assistant Planner — ILIk SUBJECT: Second Reading of Zone Change (ZC 24- 001): Ordinance No. 466 of the City of Highland to change the zoning designation of three ( 3) parcels on

8. 3 acres from Single Family Residential ( R- 1) to Planned Development PD) related to a development consisting of 79 single- family lots.

LOCATION: 7394 Central Avenue, Highland CA 92346;
Assessor' s Parcel Numbers: 1192- 341- 11, 1192- 361- 45 & 1192- 361- 47 REPRESENTATIVE: DSMA Investments, LLC, Anacapa DG
RECOMMENDATION: The City Council conduct a second reading of Zone Change ( ZC 24- 001), read by title only, and waive further reading of Ordinance No. 466 changing the zoning designation from Single Family Residential ( R- 1) to Planned Development ( PD).

PREVIOUS ACTION: On October 8, 2024, the City Council held a public hearing to introduce and conduct the first reading of Ordinance No. 466 to amend the City' s Zoning Map by changing the zoning destination from Single Family Residential ( R- 1) to Planned Development ( PD) forthe subject parcels.

Staff modified sections of the Ordinance to codify the date of the City' s Official Zoning Map to be November 12, 2024 as officially maintained in the City Clerk' s office.

It would be appropriate at this time for the City Council to conduct a second reading and adopt Ordinance No. 466.

Attachments 1: Ordinance No. 466
Approved Motion Second
Denied Ayes
Continued Noes
Tabled Abstain
Absent
Agenda Item No.

File No.

City anager
1 Attachment
Ordinance No. 466
2 ORDINANCE NO. 466

AN ORDINANCE OF THE HIGHLAND CITY COUNCIL, APPROVING ZONE CHANGE ZC 24- 001) TO CHANGE THE ZONING DESIGNATION OF THREE ( 3) PARCELS FROM SINGLE FAMILY RESIDENTIAL ( R- 1) TO PLANNED DEVELOPMENT ( PD) RELATED TO A DEVELOPMENT CONSISTING OF 79 SINGLE- FAMILY LOTS AND COMMON AREAS ON AN 8. 3 ACRE SITE LOCATED ON THE WEST SIDE OF CENTRAL AVENUE, APPROXIMATELY 400 FEET SOUTH OF BASE LINE ASSESSOR PARCEL NUMBERS 1192- 341- 11, 1192- 361- 45, and 1192- 361- 47).

APPLICANT: DSMG Investments, LLC, Anacapa DG
WHEREAS, on March 18, 2024, the Applicant submitted an application for Zone Change ZC 24- 001) to change the zoning designation of three ( 3) parcels from Single Family Residential ( R- 1) to Planned Development ( PD) related to a development consisting of 79 single- family lots and common areas on a 8. 3 acre site located on the west side of Central Avenue, approximately 400 feet south of Base Line. The current Single Family Residential ( R- 1) zoning designation does not permit this density. Because the site is located on a street with similar use and density, the Applicant is seeking to change the Zoning designation from Single Family ( R- 1) Residential to Planned Development ( PD), which would allow a 79- unit single family community upon approval of a Conditional Use Permit.

WHEREAS, on March 18, 2024 the Applicant also submitted a General Plan Amendment Application ( GPA 24- 001) to change the land use designation from Low Density ( LD) Residential/Single- Family ( R- 1) to Planned Development ( PD), Conditional Use Permit Application (CUP 23-010) for the development consisting of 79 single-family lots, Design Review Application ( DRA 24- 003) for a site plan, building elevations, conceptual landscape plan, grading plan, and Tentative Tract Map No. 20693 ( TTM 24- 001) to subdivide three ( 3) existing lots into 79 single family lots. The aforementioned entitlements are referred to collectively as "the Project"; WHEREAS, the City of Highland is the Lead Agency, and is charged with the responsibility of deciding whether to approve the Project. An Initial Study and Mitigated Negative Declaration were prepared and circulated in accordance with state and local law to be considered by the Planning Commission at the August 20, 2024 public hearing and the City Council at the October 8, 2024 public hearing; WHEREAS, the Planning Commission of the City of Highland, conducted a public hearing on the subject Project on August 20, 2024, concluded the hearing on that date, and adopted Resolution No. 2024- 021, recommending to the City Council to introduce an Ordinance for Zone Change ( ZC 24- 001) as discussed; and WHEREAS, the Highland City Council held a public hearing on October 8, 2024, at 6: 00 pm, with a second reading held on November 12, 2024 and notice of said public hearing( s) have been duly given, as required by law an in accordance with the provisions of the Highland Municipal Code, to hear and consider evidence for and against said Zone Change (ZC 24-001).
3 NOW THEREFORE, it is herehy found, determined and resolved by the Highland City Council as follows:

Section 1. Findings and Intent.

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

Section 2. General Plan Consistency Finding.

The proposed Zone Change is being considered concurrently with a General Plan Amendment seeking to change both the General Plan and Zoning designations from Single -Family (R- 1) Residential/ Low Density (LD) Residential to Planned Development ( PD). Both Single Family Residential R- 1) and Planned Development ( PD) allow for single-family residential development, however, Planned Development ( PD) promotes project - specific, flexible development standards. Section 16. 12. 010 of the Highland Municipal Code, Planned Development ( PD) allows projects to set standards for density of residential uses and establishes regulations which implement those goals, objectives and policies which provides for superior development by allowing a greater degree of design and land use flexibility within the framework of a site specific development plan. The Project, as proposed, will have a General Plan and Zoning Designation of Planned ( PD) and its design features meet the goal of superior design. The development is a gated small -lot single family development with enhanced landscaping, shared recreation facilities including turf play areas, shaded play structures for various ages, barbeques and passive open space. The community will have a cohesive architecture, private roads and pleasing community design thus achieving consistency with the Planned Development ( PD) designation.

Section 3. Findings of Fact for Zone Change ( ZC 24- 001) ( Highland Municipal Code Section 16 08 040 Amendments to zoning districts and other provisions).

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

Response: The zone change would result in the site being designated Planned Development ( PD). The Project proposes implementation of a planned development. The subdivision of land to create 79 numbered lots, with common areas complies with the development standards specified within the planned development and is compatible with the adjacent single- family and multi -family neighborhoods. This type of development is desirable for the community and consistent with the proposed land use designation of Planned Development ( PD) which allows any density that is compatible with surrounding existing and planned uses as determined through the development review process. 4 The request for a zone change to Planned Development in conjunction with a planned development for development of a residential community would continue the current zoning pattern along Central Avenue, south of Base Line, which is predominantly residential, and would not result in an illogical land use pattern or inconsistency with the municipal code. b. The proposed zone change will not adversely affect the public health, safety or general welfare.

Response: The proposed Zone Change will continue to permit residential land development at the site. The current zone, R- 1, would have permitted a single- family residential subdivision at a maximum of 6. 0 dwelling units per acre and the proposed zone change will allow the same use, but at a reduced lot size with an overall density of 9. 3 dwelling units per acre. The increased density will be offset by shared open space, recreation and landscape parkways. The Project will meet all other development standards and public infrastructure as prescribed by the Highland Municipal Code and City Guidelines and Procedures. It will not result in adverse effects to the public health, safety or welfare. c. The proposed zone change is consistent with the purposes and intent of this title, unless such amendment proposes to change, supplement, or alter any part of this title, whereas, said zone change must be consistent with all of the applicable sections including these findings.

Response: As indicated above, the Project includes a change of zone from Single -Family District ( R- 1) to Planned Development. Both the current zoning and proposed zoning allow for residential uses; however, the proposed zoning allows the developer some flexibility in the design of the Project to ensure creation of a cohesive development. The proposed zoning designation, as specified within Section 16. 12. 010 of the Highland Municipal Code, allows for the type of development proposed and changing the zone from Single -Family District ( R- 1) to Planned Development is consistent with the purpose and intent of the Land Use and Development Chapter of the Highland Municipal Code.

There are no inconsistencies with other sections of the Municipal Code. d. The potential environmental impacts of the proposed zone change are insignificant or there are overriding considerations which outweigh the potential impacts.

Response: The Project site is adjacent to existing single- family and multifamily residential development to the east, west, and to the south. The site contains a single-family residence and small accessory structures from past ranching activities. The Initial Study prepared for the project analyzed the potential for environmental impacts and all topics were found to have either no impact or a less than significant impact with mitigation incorporated. The Mitigated Negative Declaration incorporated mitigation measures to reduce any potential impacts to a less than 5 significant level and, therefore; the proposed project is not likely to cause substantial environmental damage.

Section 4. Environmental Review - CEQA Compliance
An Initial Study was prepared for the Project and potential impacts to air quality, biological resources, tribal/ cultural resources, geology and soils, paleontological resources, hazards and hazardous materials, transportation, tribal cultural resources, and noise were identified. Project specific mitigation measures have been included to reduce said impacts to below a level of significance and the list of measures have been included in the Mitigation Monitoring and Reporting Program ( MMRP).

A Notice of Intent to Adopt a Mitigated Negative Declaration ( MND) was circulated through the California State Clearinghouse and made available for public comment between July 9, 2024 and August 7, 2024. The Notice was mailed to surrounding property owners within 300 feet as well as interested agencies and parties at their request. The Notice was also posted on the City' s website, outside City Hall, the Sam J. Racadio Library and Environmental Learning Center, and Fire Station # 1. The Notice was also published in the San Bernardino Sun, a newspaper of general circulation.

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

Concurrently with this Ordinance, the City Council is adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for this Project.

Section 5. Change of Zone
A. The City Council hereby approves Zone Change ( ZC 24- 001) changing the Zoning designation of an 8. 3 acre site located on the west side of Central Avenue, approximately 400 feet south of Base Line, commonly known as APNs 1192- 341- 11, 1192- 361- 45 and 1192- 361- 47 from Single Family Residential ( R- 1) to Planned Development (PD) as shown on Exhibit A.

B. The City Council hereby approves an amendment to the City of Highland Municipal Code Section 16. 04. 090.( c) Zoning Districts of Chapter

16. 04, Administration, of Title 16, Land Use and Development Standards, of the Highland Municipal Code is hereby amended in its entirety to read as follows: " C. An official map dated November 12, 2024, for the incorporated area of the City of Highland, county of San Bernardino, state of California, is hereby adopted and established as is hereafter set forth in this code, to promote, protect and secure the public health, safety and general welfare; to provide the social and economic advantages resulting from an orderly, planned use of land resources; and to encourage, guide and provide a definite plan for the future growth and development of said city. The official zoning map shall be in the office of the city clerk and may be periodically reviewed, refined, and maintained, and the city council in conformity with 6 State Planning and Zoning Law, as amen led and the provision of this Code, hereby delegated to the community development director of the city of Highland, the responsibility for conducting necessary studies, surveys and the preparation of maps in order to develop detailed land use plans, and the responsibility for processing changes of land use districts for adoption by the city council for the various portions of the incorporated territory of Highland as it becomes desirable, and practical and practicable so that the results shall be a comprehensive land use plan for the city." C. The City Clerk is hereby authorized to take action to effectuate the purposes of this Ordinance.

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

Section 7. Execution
The Mayor is hereby directed to attest to the adoption of this Ordinance by signing where indicated below and the City Clerk shall publish and/ or post this ordinance according to applicable law.

Exhibit A — Existing and Proposed Zoning Designation
PASSED, APPROVED and ADOPTED this 12t" day of November 2024 Larry McCallon, Mayor Pro Tern
ATTEST:

Alondra Munoz
City Clerk
APPROVED AS TO FORM:

Maricela E. Marroquin
City Attorney
7 Exhibit A:

Zoning Designation
8 ZONING LEGEND
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9 STAFF REPORT

TO THE CITY COUNCIL
DATE: November 12, 2024
FROM: Carlos Zamano, City Manager
REVIEWED BY: Maricela Marroquin, City Attorney
PREPARED BY: Carlos Zamano, City Manager
Maricela Marroquin, City Attorney
SUBJECT: Resolution No. 2024XX, a Resolution of the City Council of the City of Highland, California Reaffirming and Extending Proclamation of a Local Emergency in the City of Highland as a result of the Line Fire RECOMMENDATION: That the City Council adopt Resolution No. 2024- XX, continuing to extend the Proclamation of a Local Emergency in the City of Highland as a result of the Line Fire.

FISCAL IMPACT: There is no immediate financial impact or budget action necessary as a result of the recommended action. The issuance of a local emergency proclamation allows the City to pursue State and Federal grant assistance to recover the City' s portion of the costs associated with battling and recovering from the Line Fire. The total estimated fiscal impact of approximately $ 1. 25 million to the City is still under review. Once the cost related to the Line Fire is finalized, a future item will be submitted to the City Council for approval.

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 & DISCUSSION: Chapter2. 44 of Title 2 of the Highland Municipal Code (" HMC") contains the City' s laws relating to emergency procedures. HMC Section 2. 44. 060 designates the City Manager as the Director of Emergency Services (" Director"), and HMC Section 2. 44.060(A) empowers the Director to issue a proclamation of a local emergency if the City Council is not in session.

On the evening of Thursday, September 5, 2024, the Line Fire broke out in Highland. The Line Fire created conditions of extreme peril to the safety of people and property within the City of Highland and resulted in evacuation warnings for parts of the City.

Approved Motion Second Agenda Item No. 7
Denied Ayes
Continued Noes File No.

Tabled Abstain
Absent
C y erk it anager
1 On September 11, 2024, the City Manager, as the Director of Emergency Services, issued a proclamation entitled " Proclamation of a Local Emergency by the Director of Emergency Services of the City of Highland," as the City Council was not in session (Attachment 1). This action authorized the City Manager to take certain necessary actions to address the emergency.

The Director of Emergency Services' Proclamation of a Local Emergency permits the Director of Emergency Services and the City Council to adopt regulations and issue orders necessary for the protection of lives and property. It also assists the City in recovering costs of responding to the disaster. Furthermore, it allows the City to enjoy certain immunities from liability as a result of taking actions to abate the emergency.

Pursuant to California Government Code Section 8630 and HMC Section 2. 44. 060( A), the Director of Emergency Services' Proclamation expires within seven days unless ratified by the City Council. On September 12, 2024, the City Council adopted a resolution ratifying the Director of Emergency Services' Proclamation of a local emergency ( Attachment 2). On October 8, 2024, the City Council adopted a resolution to extend the emergency proclamation of the Line Fire ( Attachment 3).

Pursuant to Government Code Section 8630 ( California Emergency Services Act), the City Council is required to review the local emergency within sixty ( 60) days of ratification to determine whether the conditions surrounding the local emergency still exist. Because an end period has not been determined for the Line Fire, the conditions of the local emergency remain in place. A proposed resolution, Resolution No. 2024- XX to continue to extend the local emergency ( Attachment 4).

The Line Fire has burned 43, 978 acres in San Bernardino County and is approximately 98% contained. The fire originated in Highland and burned areas in Highland that are now susceptible to mud and debris flow. The health, safety, and well- being of people within the territorial limits of the City of Highland is of the highest priority. It is important to keep the existing proclamation and the powers that flow from it in place until the emergency conditions are fully abated, which includes the recovery stage as well.

The local emergency will remain in effect until its termination is proclaimed by the City Council.

ATTACHMENTS:
1) Director of Emergency Services' Proclamation of Local Emergency 2) Resolution Ratifying Director of Emergency Services' Proclamation of Local Emergency 3) Resolution Extending Proclamation of Local Emergency 4) Proposed 2nd Resolution Extending Proclamation of Local Emergency 2 KAN 0 FiTel
3 PROCLAMATION OF A LOCAL EMERGENCY
BY THE

DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF HIGHLAND
WHEREAS, Section 8630 of the Government Code authorizes the designation of a City official to proclaim a local emergency; and
WHEREAS, Highland Municipal Code Section 2. 44.060 designates the Director of Emergency Services to proclaim the existence of a local emergency if the City Council is not in session; and
WHEREAS, the Line Fire is currently causing conditions of extreme peril to the safety of persons and property within the City of Highland; and
WHEREAS, the City Council is not in session and cannot immediately be called into session.

NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout the City of Highland.

IT IS FURTHER PROCLAIMED AND ORDERED that a copy of this Proclamation shall be forwarded to the Director of the Governor' s Office of Emergency Services requesting that;

1. This Proclamation be found acceptable in accordance with state law; and

2. The Governor waive regulations that may hinder response and recovery efforts; and

3. Recovery assistance be made available under the California Disaster Assistance Act; and

4. The State of California expedite access to state and federal resources and any other appropriate federal disaster relief programs.

IT IS FURTHER PROCLAIMED AND ORDERED that, during the existence of this local emergency the powers, functions, and duties of the emergency organization of the City of Highland shall be those prescribed by applicable statutes, ordinances, and resolutions, and by the City' s Emergency Operations Plan. This Proclamation shall have no further force or effect seven days from the date of its adoption unless the City Council shall take action to ratify this Proclamation.

DATED this 11th day of September, 2024
Carlos Zamano
Director of Emergency Services/ City Manager
City of Highland
4 im
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5 RESOLUTION NO. 2024- 044

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

RATIFYING A PROCLAMATION OF A LOCAL EMERGENCY IN THE CITY OF HIGHLAND ISSUED BY THE CITY' S DIRECTOR OF EMERGENCY SERVICES ON, SEPTEMBER 11, 2024, AS A RESULT OF THE LINE FIRE
WHEREAS, Section 2. 44. 060 of the Highland Municipal Code (" HMC") authorizes the City Council to proclaim the existence of a " Local Emergency" and delegates such authority to the City's Director of Emergency Services if the City Council is not in session; and WHEREAS, on the evening of Thursday, September 5, 2024, the Line Fire broke out in Highland. Over the weekend, the fire intensified and is currently over 34, 600 acres in size and is only 14% contained; and
WHEREAS, the Line Fire is currently causing conditions of extreme peril to the safety of persons and property within the City of Highland and has resulted in the evacuation warnings for parts of the City; and
WHEREAS, on September 7, 2024, the County of San Bernardino proclaimed a local emergency as a result of the Line Fire; and
WHEREAS, on September 7, 2024, Governor Newsom proclaimed a State of Emergency in San Bernardino County as a result of the Line Fire and announced that California has secured a Fire Management Assistance Grant from the Federal Emergency Management Agency FEMA) to help ensure the availability of vital resources to suppress the fire; and WHEREAS, HMC Section 2. 44. 060 designates the City Manager, as Director of Emergency Services, to proclaim the existence or threatened existence of a local emergency when the City Council is not in session, subject to ratification by the City Council within seven days; and
WHEREAS, September 11, 2024, the City Manager, in his capacity as Director of Emergency Services, duly and reasonably proclaimed the existence of a local emergency in the City of Highland on that date due to the Line Fire; and WHEREAS, CMC Section 2. 44. 060(A) states that the City Council shall take action to ratify the proclamation of the Director of Emergency Services within seven (7) days thereafter or the proclamation shall have no further force and effect.

NOW, THEREFORE, IT IS HEREBY PROCLAIMED AS FOLLOWS:

Section 1. The City Council does hereby find that the aforesaid conditions of extreme peril did warrant and necessitate the proclamation of the existence of a local emergency by the Director of Emergency Services on September 11, 2024, due to the Line Fire.

Page 1 of 2 ends

6 Section 2. The local emergency shall be in effect from and including September 11, 2024, until such time that the City Council determines that the emergency conditions have been abated,
Section 3. The City Council shall review this proclamation of local emergency at least once every sixty (60) days until the City Council terminates the local emergency.

Section .4. During the existence of this local emergency the powers, functions, and duties of the emergency organization of the City of Highland shall be those prescribed by applicable statutes, ordinances, and resolutions, and by the City's Emergency Operations Plan.

PASSED, APPROVED AND ADOPTED on the 12th day of September 2024.

Penny Lilbur
Mayor
ATTEST:

Alondra Ntuhoz
City Clerk -

Page 2 of 2 ends

7 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF HIGHLAND
I, ALONDRA MUNOZ, City Clerk ofthe City of Highland, California, do hereby certify Resolution No. 2024- 044 was duly and regularly adopted by the City Council of the City of Highland, California, at a special meeting thereof held on the 12th day of September, 2024, by the following vote:

AYES: Chavez -Cordova, Lilburn, McCallon, Solano, Timmer NOES: None
ABSTAIN: None
r_ i r i # # -
Dated this 12th day of September, 2024.

ALONDRA MU

CITY CLERK ,
8 AT'MC H M E NT 3
9 RESOLUTION NO. 2024-045

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

PROCLAIMING THE CONTINUED EXISTENCE OF A LOCAL EMERGENCY AS A RESULT

OF THE LINE FIRE
WHEREAS, Section 2. 44. 060 of the Highland Municipal Code (" HMC") authorizes the City Council to proclaim the existence of a " Local Emergency" and delegates such authority to the City' s Director of Emergency Services if the City Council is not in session; and WHEREAS, on the evening of Thursday, September 5, 2024, the Line Fire broke out in Highland. The Line Fire caused conditions of extreme peril to the safety of persons and property within the City of Highland and resulted in fire damage and evacuation warnings for parts of the City; and
WHEREAS, on September 11, 2024, the City Manager, in his capacity as Director of Emergency Services, duly and reasonably proclaimed the existence of a local emergency in the City of Highland on that date due to the Line Fire; and WHEREAS, HMC Section 2. 44. 060(A) states that the City Council shall take action to ratify the proclamation of the Director of Emergency Services within seven days thereafter or the proclamation shall have no further force and effect.

WHEREAS, on September 12, 2024, the City Council adopted Resolution 2024-44 ratifying the Director of Emergency Service' s proclamation of a local emergency.

WHEREAS, the Line Fire has burned 39, 232 acres in San Bernardino County and is approximately 83% contained. The fire originated in Highland and burned areas in Highland that are now susceptible to mud and debris flow and possible landslides.

WHEREAS, the City Council hereby finds that the above described conditions of extreme peril warranted and necessitated the proclamation of the existence of a local emergency, and that such conditions continue, in substantial part, in that the work necessary to protect, repair and clean up damage and recover from the damage is ongoing and the City continues to pursue reimbursement from emergency state and federal funds for its costs of responding to these emergencies.

NOW, THEREFORE BE IT PROCLAIMED AND ORDERED, by the City Council that the state of Local Emergency, as previously declared by the Director of Emergency Services and ratified by the City Council, is hereby further reviewed and confirmed.

IT IS FURTHER PROCLAIMED AND ORDERED that the City Council shall review this proclamation of local emergency at least once every sixty ( 60) days until the City Council terminates the local emergency.

Page 1 of 2 ends

10 IT IS FURTHER PROCLAIMED AND ORDERED that the local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Highland, State of California.

PASSED, APPROVED AND ADOPTED on the 8th day of October 2024.

Mayor
ATTEST:

Alondra Mjnoz
City Clerk

Page 2 of 2 ends

11 J

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF HIGHLAND )
1, ALONDRA MUNOZ, City Clerk of the City of Highland, California, do hereby certify Resolution No. 2024- 045 was duly and regularly adopted by the City Council of the City of Highland, California, at a regular meeting thereof held on the 8th day of October, 2024, by the following vote. -
AYES: - - Lilburn, McCallon, Solano, Timmer
NOES: None
ABSTAIN: None
ABSENT: Chavez - Cordova
Dated this 9th day of October, 2024.
1,
71 12
ATYAA C H M E NT 411
13 RESOLUTION NO. 2024- xx

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

CALIFORNIA, PROCLAIMING THE CONTINUED EXISTENCE OF A

LOCAL EMERGENCY AS A RESULT OF THE LINE FIRE
WHEREAS, Section 2. 44. 060 of the Highland Municipal Code (" HMC") authorizes the City Council to proclaim the existence of a " Local Emergency" and delegates such authority to the City's Director of Emergency Services if the City Council is not in session; and WHEREAS, on the evening of Thursday, September 5, 2024, the Line Fire broke out in Highland. The Line Fire caused conditions of extreme peril to the safety of persons and property within the City of Highland and resulted in fire damage and evacuation warnings for parts of the City; and
WHEREAS, on September 11, 2024, the City Manager, in his capacity as Director of Emergency Services, duly and reasonably proclaimed the existence of a local emergency in the City of Highland on that date due to the Line Fire; and WHEREAS, HMC Section 2.44. 060(A) states that the City Council shall take action to ratify the proclamation of the Director of Emergency Services within seven days thereafter or the proclamation shall have no further force and effect.

WHEREAS, on September 12, 2024, the City Council adopted Resolution 2024- 44 ratifying the Director of Emergency Service' s proclamation of a local emergency.

WHEREAS, on October 8, 2024, the City Council adopted Resolution 2024-45 to extend the proclamation of a local emergency.

WHEREAS, the Line Fire has burned 43, 978 acres in San Bernardino County and is approximately 98% contained. The fire originated in Highland and burned areas in Highland that are now susceptible to mud and debris flow and possible landslides.

WHEREAS, the City Council hereby finds that the above described conditions of extreme peril warranted and necessitated the proclamation of the existence of a local emergency, and that such conditions continue, in substantial part, in that the work necessary to protect, repair and clean up damage and recover from the damage is ongoing and the City continues to pursue reimbursement from emergency state and federal funds for its costs of responding to these emergencies.

NOW, THEREFORE BE IT PROCLAIMED AND ORDERED, by the City Council that state of Local Emergency, as previously declared by the Director of Emergency Services and ratified by the City Council, is hereby further reviewed and confirmed. 14 IT IS FURTHER PROCLAIMED AND ORDERED that the City Council shall review this proclamation of local emergency at least once every sixty ( 60) days until the City Council terminates the local emergency.

IT IS FURTHER PROCLAIMED AND ORDERED that the local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Highland, State of California.

PASSED, APPROVED AND ADOPTED on the 12th day of November 2024.

Penny Lilburn
Mayor
ATTEST:

Alondra Munoz
City Clerk
15 STAFF REPORT

TO THE CITY COUNCIL
DATE: November 12, 2024
FROM: Carlos Zamano, City Manager
REVIEWED BY: Octavio Duran Jr., Public Works Director/ City Engineer 00 PREPARED BY: Matt Bennett, Assistant Public Works Director-, SUBJECT: Public hearing to consider calling a special election; declaring the results of the election; and approving formation and levy of special taxes for City of Highland Community Facilities District No. 24- 001 ( Highland Park) generally located north of Base Line, east of Club View Drive and west of the Greenbrier Place.

RECOMMENDATION: It is recommended that the City Council:

1. Open the public hearing and take testimony, if any.

2. Following the public hearing, adopt Resolution No. 2024- , entitled:

A RESOLUTION OF FORMATION OF THE CITY COUNCIL OF THE CITY OF

HIGHLAND, CALIFORNIA, TO ESTABLISH CITY OF HIGHLAND COMMUNITY FACILITIES DISTRICT NO. 24- 001 ( HIGHLAND PARK), TO ESTABLISH AN

APPROPRIATIONS LIMIT THEREFOR, TO AUTHORIZE THE SUBMITTAL OF

THE LEVY OF SPECIAL TAXES, AND TO SUBMIT THE ESTABLISHMENT OF

AN APPROPRIATIONS LIMIT, TO THE QUALIFIED ELECTORS OF SUCH COMMUNITY FACILITIES DISTRICT; AND

3. That the City Council adopt Resolution No. 2024- , entitled:

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

CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE

QUALIFIED ELECTORS OF CITY OF HIGHLAND COMMUNITY FACILITIES DISTRICT NO. 24- 001 ( HIGHLAND PARK) PROPOSITIONS REGARDING THE

ESTABLISHMENT OF AN APPROPRIATIONS LIMIT AND THE ANNUAL LEVY pproved Motion
Denied Ayes
Continued Noes
Tabled Abstain
Absent
Second Agenda Item No.

File No.
ager
1 OF A SPECIAL TAX WITHIN THE COMMUNITY FACILITIES DISTRICT; AND

4. That the City Council adopt Resolution No. 2024-, entitled:

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

CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ELECTION IN CITY OF HIGHLAND COMMUNITY FACILITIES DISTRICT NO. 24- 001 ( HIGHLAND

PARK) AND DIRECTING THE RECORDING OF A NOTICE OF SPECIAL TAX LIEN; AND

5. That the City Council waive full reading, read by title only, and introduce Ordinance No. 2024- , entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HIGHLAND,

CALIFORNIA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF HIGHLAND COMMUNITY FACILITIES DISTRICT NO. 24-001 ( HIGHLAND

PARK) AUTHORIZING THE LEVY OF A SPECIAL TAX THEREIN
FISCAL IMPACT: The property owners have filed a petition representing their willingness to move forward and have submitted a deposit to pay for City costs incurred in connection with the formation of the District. After the district is formed, a special tax lien will be recorded on the property within the District and the individual property owners shall be responsible for the annual payments of special taxes. The City will file the annual special tax to be collected with the County Auditor -Controller for placement on the property tax bills. The City's cost to administer CFD No. 24-001 annually will be reimbursed through the special taxes charged to property owners. The revenue from the annual special tax will be deposited into a fund for CFD No. 24- 001 and will be used to pay said administrative expenses and for the maintenance services listed above. There is no anticipated impact to the general fund in FY 2024- 25. Approval of the actions set forth in this staff report do not in any way commit the City to any financial contribution or liability by CFD No. 24-001.

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 September 10, 2024 the City Council took the first step in the process of forming CFD 24- 001 ( Highland Park) (" CFD No. 24- 001 "). At that time the City Council adopted a Resolution of Intention, Resolution No. 2024-042, to form CFD No. 24-001 and to authorize the levy of a special tax.

The State Legislature enacted the Mello -Roos Act of 1982 (the "Act") to assist public agencies in financing certain public services. The developer, Century Communities of California, LLC, requested that the City assist them in forming a district in order to cover the costs associated with the maintenance of public improvements within the proposed project area which is projected to include 46 single family residential parcels, 1 public park and 2 open space/ landscaping parcels at buildout. The CFD was formed in order to:
2 Conduct maintenance, including energy charges, peration, maintenance and administrative costs of streetlights and park lights within the boundaries of the CFD; Conduct the maintenance of landscaping, including streetscape and slopes specifically identified within the CFD;
Conduct the maintenance of park landscaping.

Conduct the maintenance, administration and inspections of stormwater facilities and BMPs including water quality basins and any other NPDES/ WQMP/BMP related devices; Litter and graffiti removal on sound walls and other amenities, including but not limited to playground equipment and trash cans, plus normal painting as required, within the CFD; isted
All other services necessary or useful for, or in connection with, the authorized services above, including building a reserve fund for replacement of facilities and Levy and collect the special tax to fund these services.

The proposed district will be composed of Special Tax A and Special Tax B. Special Tax A provides funding for maintenance of (i) In -tract street lights (ii) Maintenance of the public storm drain system, including but not limited to, catch basins, pipes and pipe connector screens ( iii) Maintenance of the private access road and ( iv) capital replacement reserve accumulation for the in -tract street lights, public storm drain system, access road, and bioretention pond and structures. Special Tax B provides funding for maintenance of the (i) Public park landscape maintenance ( ii) Open space landscape maintenance ( iii) Basin landscape maintenance and iv) Bioretention pond and storm detention system and including maintenance of structures and piping. Maintenance of the Special Tax B improvements shall be the responsibility of the Property Owner' s Association which will enter into a Dormancy Agreement with the City. The Dormancy Agreement states that Special Tax B will not be levied in any year, unless and until, the first year the City determines that the Special Tax B improvements have not been maintained by the Property Owner' s Association to a standard acceptable to the City.

Attached to the staff report is the Maintenance Responsibility Exhibit.

ANALYSIS
Approval of the attached Resolutions are required under the Act to levy a special tax and fund certain services.

The Maximum Special Tax for Developed Property is summarized as follows:

Description
Taxable
Unit
Maximum Special Tax
A Per Taxable Unit
Maximum Special Tax B
Per Taxable Unit
Single Family Residential Property D/ U 1, 058 1, 011
Multifamily Residential Property Acre 10, 647 10, 174
Non - Residential Property Acre 10, 647 10, 174
Commencing July 1, 2026, these rates will increase based on the percentage increase in the Consumer Price Index with a maximum annual increase of 6% and a minimum annual increase of 2% of the Maximum Special Tax in effect in the previous fiscal year. The owners have filed a petition representing their willingness to move forward. 3 LEGAL
The Mello -Roos Community Facilities Act of 1982 ( the " Act") authorizes the initiation of the establishment of community facilities districts upon receipt by the City of a petition requesting institution of proceedings by owners of not less than 10% of the area of land proposed to be included within the district. The City has received the signed petitions from all land owners.

Attachments

1. Resolution No. 2024- , Authorizing Formation

2. Resolution No. 2024- , Calling a Special Election

3. Resolution No. 2024- , Declaring Election Results

4. CFD Report — CFD 24- 001 ( Highland Park)

5. Ordinance Authorizing the Levy of a Special Tax

6. Maintenance Responsibility Map
L:\ Engineering_ Backup\ 03017539 - Tr 19915\ SPR 015- 001\ DRA 015- 002\ CUP 015- 001\ TTM 015- 004\ CFD Staff report\ ROF\ CFD 24- 001 Staff Report 11. 12. 24. doc
4 RESOLUTION NO. 2024-

A RESOLUTION OF FORMATION OF THE CITY COUNCIL OF THE CITY OF

HIGHLAND, CALIFORNIA, TO ESTABLISH CITY OF HIGHLAND COMMUNITY FACILITIES DISTRICT NO. 24- 001 ( HIGHLAND PARK), TO ESTABLISH AN

APPROPRIATIONS LIMIT THEREFOR, TO AUTHORIZE THE SUBMITTAL OF THE

LEVY OF SPECIAL TAXES, AND TO SUBMIT THE ESTABLISHMENT OF AN

APPROPRIATIONS LIMIT, TO THE QUALIFIED ELECTORS OF SUCH COMMUNITY FACILITIES DISTRICT.

The City Council of the City of Highland the (" City Council") does resolve as follows:

WHEREAS, on September 10, 2024, the City Council adopted a resolution entitled A Resolution of Intention of the City Council of the City of Highland, California, to Establish City of Highland Community Facilities District No. 24- 001 ( Highland Park) and to authorize the Levy of a Special Tax within City of Highland Community Facilities District No. 24- 001 ( Highland Park)" ( the " Resolution of Intention"), stating its intention to form Community Facilities District No. 24- 001 ( Highland Park) ( the "CFD"), of the City pursuant to Chapter 2. 5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code ( the " Act") to finance certain services to serve the CFD ( the Services");
WHEREAS, the Resolution of Intention, setting forth a description of the proposed boundaries of the CFD, Services to be financed by the CFD, including incidental expenses, and the Rate and Method of Apportionment of the Special Tax ( the " Special Tax") to be levied within the CFD to pay for the Services.

WHEREAS, the Resolution of Intention set November 12, 2024, at 6: 00 p. m., or as soon thereafter as practical, as the date for a public hearing on the establishment of the CFD, the extent of the CFD, the furnishing of the Services within the CFD, and the proposed Rate and Method of Apportionment;
WHEREAS, on this date, this Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed formation of the CFD,- WHEREAS, at the hearing all interested persons desiring to be heard for or against the establishment of the CFD, the extent of the CFD, the furnishing of the Services and the Rate and Method of Apportionment were heard and a full and fair hearing was held; WHEREAS, at the hearing evidence was presented to this Council on such matters before it, including a special report (the "CFD Report") as to the Services to be provided through the CFD and the costs thereof, a copy of which is on file with the City Clerk, and this Council, at the conclusion of said hearing, is fully advised in the premises; 5 WHEREAS, written protests with respect to the formation of the CFD, the furnishing of specified types of services and the Rate and Method of Apportionment have not been filed with the City Clerk by fifty percent ( 50%) or more of the registered voters residing within the territory of the CFD or property owners of one- half ( 1/ 2) or more of the area of land within the CFD and not exempt from the proposed special taxes; and WHEREAS, the Special Tax proposed to be levied in the CFD to pay for the proposed services has not been eliminated by protest by fifty percent ( 50%) or more of the registered voters residing within the territory of the CFD or the owners of one- half 1/ 2) or more of the area of land within the CFD and not exempt from the special taxes.

WHEREAS, City Staff reviewed the proposed CFD formation and determined that forming the CFD and financing the Services, as described in Section 7 of this Resolution, does not constitute a project for purposes of the California Environmental Quality Act, commencing with Section 21000 of the California Public Resources Code and the California Environmental Quality Act Guidelines, Article 5 of Chapter 3 of Division 6 of Title 14 of the California Code of Regulations, ( collectively "CEQA"). CEQA Guidelines Section 15378 specifically state that the term " project" for CEQA purposes does not include " continuing administrative or maintenance activities" or " the creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment." ( CEQA Guidelines §§ 15378 ( b)( 2) and ( b)( 4).) WHEREAS, the CFD is intended to fund street light and park lights, landscaping maintenance, park maintenance, private access road maintenance, stormwater and water quality basin maintenance services, litter and graffiti removal, and all other services necessary or useful for, or in connection with, the foregoing services, including building a reserve fund for replacement, which constitute administrative and maintenance functions of the City. Further, establishment of a revenue stream to fund ongoing services does not involve commitment to any specific project that would have a potentially significant impact on the environment because the funds would not be used to construct new or expand existing facilities.

WHEREAS, in addition to the foregoing, because the project is a financing mechanism to fund ongoing administrative and maintenance operations, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and therefore is exempt from CEQA' s provisions. ( CEQA Guidelines § 15061( b)( 3).)
6 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HIGHLAND DOES HEREBY FIND AND RESOLVE TO:

Section 1. Recitals Correct. The foregoing recitals are true and correct.

Section 2. Public Hearing. On November 12, 2024, pursuant to notice thereof duly given as provided by law, the City Council held a public hearing with respect to the establishment of the CFD and the annual levying of the Special Tax within the CFD to pay for the Services.

Section 3. No Majority Protest. The proposed Special Tax to be levied within the CFD has not been precluded by majority protest pursuant to section 53324 of the Act.

Section 4. Prior Proceedings Valid. All prior proceedings taken by this City Council in connection with the establishment of the CFD and the levy of the Special Tax have been duly considered and are hereby found and determined to be valid and in conformity with the Act.

Section 5. Name of the District. The community facilities district designated " City of Highland Community Facilities District No. 24- 001 ( Highland Park)" of the City is hereby established pursuant to the Act.

Section 6. Boundaries of the District. The Resolution of Intention provides the boundaries of the territory proposed for inclusion in the CFD, as set forth in the map of the CFD heretofore recorded in the San Bernardino County Recorder' s Office on September 25, 2024, in Book 91 at Page 100 as Instrument No. 2024- 0229057 of Maps of Assessment and Community Facilities Districts.

Section 7. Description of Services. The Services proposed to be financed by the CFD and pursuant to the Act shall consist of those items shown in Exhibit " A" hereto and by this reference incorporated herein.

Section 8. Special Tax
a. Except to the extent that funds are otherwise available to the CFD to pay for the Services, a Special Tax sufficient to pay the costs thereof, secured by the recordation of a continuing lien against all non- exempt real property in the CFD, is intended to be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes or in such other manner as may be prescribed by this Council.
b. The proposed Rate and Method of Apportionment, in sufficient detail to allow each landowner within the proposed CFD to estimate the maximum amount 7 such owner will have to pay, is shown in Exhibit " B" attached hereto and hereby incorporated herein.

Section 9. Report. The CFD Report is hereby approved and is made a part of the record of the public hearing regarding the formation of the CFD, and is ordered to be kept on file with the City Clerk as part of the transcript of these proceedings.

Section 10. Responsible Official. The Finance Director of the City of Highland, located at City Hall, 27215 Base Line, Highland CA, 92346, telephone number ( 990) 864- 6861, is the officer of the City who will be responsible for preparing annually a current roll of the levy of the Special Tax obligations by assessor' s parcel number and who will be responsible for estimating future levies of the Special Tax.

Section 11. Tax Lien. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the Special Tax shall attach to all nonexempt real property in the CFD and this lien shall continue in force and effect until the Special Tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the Special Tax by the CFD ceases.

Section 12. Description of Voting Procedures. The voting procedures to be followed in conducting the special election ( the "Special Election") on the proposition of the annual levy of the Special Tax and on the proposition to establish an appropriations limit for the CFD, if the CFD is established, shall be as follows:
a. If at least 12 persons have been registered to vote within the territory of the CFD for each of the 90 days preceding the close of the public or protest hearing the " protest hearing"), the vote in the Special Election shall be by the registered voters of the CFD with each voter having one vote. In that event, the Special Election shall be conducted by the City Clerk, and shall be held on a date selected by the City Council in conformance with the provisions of Section 53326 of the Act and pursuant to the provisions of the California Elections Code governing elections of cities, insofar as they may be applicable, and pursuant to said Section 53326 the ballots for the Special Election shall be distributed to the qualified electors of the CFD by mail with return postage prepaid or by personal service, and the Special Election shall be conducted as a mail ballot election. b. If 12 persons have not been registered to vote within the territory of the CFD for each of the 90 days preceding the close of the protest hearing, the vote in the Special Election is to be by the landowners of the CFD, with each landowner of record at the close of the protest hearing having one vote for each acre or portion of an acre of land that he or she owns within the CFD and the Special Election shall be conducted by the City Clerk pursuant Section 53326 of the Act as follows:
8 i) The Special Election shall be held on the earliest date, following the adoption by the City Council of this Resolution and a resolution calling the Special Election, to submit to the qualified electors of the CFD the propositions with respect to: ( i) the levy of Special Tax to finance the Services and ( ii) the establishment of an appropriations limit for the CFD. ii) Pursuant to said Section 53326, the Special Election may be held earlier than 90 days following the close of the protest hearing if the qualified electors of the CFD waive the time limits for conducting the elections set forth in said Section 53326 by unanimous written consent and the Clerk concurs in such earlier election date as shall be consented to by the qualified electors.
iii) Pursuant to said Section 53326, ballots for the Special Election shall be distributed to the qualified electors by the Clerk by mail with return postage prepaid, or by personal service.
iv) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, the City Clerk shall mail ( or deliver) to each qualified elector an official ballot and shall also mail to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of this Resolution and the exhibits hereto; provided, however, that analysis and arguments regarding the ballot measure may be waived with the unanimous consent of all the landowners, and in such event a finding regarding such waivers shall be made in the resolution adopted by the City Council calling the Special Election.
v) The official ballot to be mailed ( or delivered) by the Clerk to each landowner shall have printed or typed thereon the name of the landowner and the number of votes to be voted by the landowner and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner is other than a natural person, that he or she is an officer of or other person affiliated with the landowner entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner, that in voting such official ballot it was his or her intent, as well as the intent of the landowner, to vote all votes to which the landowner is entitled based on its land ownership on the propositions set forth in the official ballot as marked 9 thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner' s land ownership within the CFD.
vi) The return identification envelope delivered by the Clerk to each landowner shall have printed or typed thereon the following: ( i) the name of the landowner, ( ii) the address of the landowner, ( iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, ( iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and ( vii) a notice that the envelope contains an official ballot and is to be opened only by the Clerk.
vii) The instruction to voter form to be mailed by the Clerk to the landowners shall inform them that the official ballots shall be returned to the Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted no later than 12: 00 p. m. on the date of the Special Election, or immediately after the Resolution Calling the Special Election is adopted.
viii) Upon receipt of the return identification envelopes, which are returned prior to the voting deadline on the date of the Special Election, the Clerk shall canvass the votes cast in the Special Election, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot.

Section 13. Exempt Property. Except as provided in Section 53340. 1 of the Act and except for properties that a local agency is a landowner of within the meaning of subdivision ( f) of Section 53317 of the Act, pursuant to Section 53340 of the Act, properties of entities of the state, federal and local governments shall be exempt from the levy of the Special Tax. Reference is hereby made to the Rate and Method of Apportionment for a description of other properties or entities that are expressly exempted from the levy of the Special Tax.

Section 14. Appropriations Limit. An appropriations limit for the CFD is hereby established, subject to voter approval, as an amount equal to 300 percent of all the proceeds of the Special Tax collected annually within such CFD and as defined by Article 10 XIIIB of the California Constitution, as adjusted for changes in the cost of living and changes in population.

Section 15. Special Tax Accountability Measures. Pursuant to and in compliance with the provisions of Government Code Section 50075. 1, the City Council hereby establishes the following accountability measures pertaining to the levy by the CFD of the Special Tax described in Section 8 above:
a. The Special Tax shall be levied for the specific purposes set forth in Section 7 hereof.
b. The proceeds of the levy of the Special Tax shall be applied only to the specific purposes set forth in Section 7 hereof.

C. The CFD shall establish an account or accounts into which the proceeds of such Special Tax shall be deposited.
d. The City Manager, or his or her designee, acting for and on behalf of the CFD, shall annually file a report with the City Council as required pursuant to Government Code Section 50075.3.

Section 16. CEQA. The City Council hereby finds that the CFD formation involves creation of a funding mechanism for certain ongoing service and maintenance activities that do not have any potential for significantly impacting the environment. Further, the City Council hereby finds that it can be seen with certainty that the proposed financing mechanism and services funded thereby have no possibility of resulting in a significant effect on the environment. Therefore, the City Council, in its independent judgment, finds that the project is exempt from CEQA, and hereby directs City Staff to prepare and file a Notice of Exemption with the County Clerk within five days of adoption of this Resolution pursuant to Section 21152 of the California Public Resources Code and Section 15062 of the CEQA Guidelines.

Section 17. Effective Date. This resolution shall take effect upon its adoption. 11 APPROVED AND ADOPTED this 12th day of November 2024.

Penny Lilburn
Mayor
ATTEST:

Alondra Munoz
City Clerk
12 Exhibit " A"
Description of Services
Authorized Services shall be the following:

Street Lights and Park Lights: Street lights and park lights maintenance including energy charges, operation, maintenance and administrative costs of streetlights and park lights within the boundaries of the CFD.

Landscape Maintenance: Landscape maintenance to be financed, including streetscape, fencing and related facilities specifically identified within the CFD. The landscape maintenance may include, but is not limited to, all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, electricity, repair/ replacement and inspection.

Park Maintenance: Park maintenance to be financed, including maintenance of landscaping and park facilities. Park facilities may include, but is not limited to, fencing, retaining walls, drainage structures, play structures, public gathering spaces, multi -purpose tables, signage and lighting, trash and recycling receptacles, barbeque areas and related facilities specifically identified within the CFD. The landscape maintenance may include, but is not limited to, all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, electricity, repair/replacement and inspection.

Private Access Roads: Private Access Roads maintenance includes furnishing of services and materials for the ordinary and usual operation, maintenance and servicing of private access roads.

Stormwater Facilities: Maintenance, administration and inspection of the stormwater facilities and BMPs including water quality basins and any other NPDES/ WQMP/ BMP related devices. The maintenance may include but is not limited to all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, lighting, electricity, repair/replacement and inspection. Inspection is inclusive of scheduling, travel time, visual inspection process and procedures, GPS location recording, reporting by device, annual reporting, visual inspection for functionality, vegetated as designed, irrigation is complete and in working order, noting any of the following:
any deficiencies, erosion, trash, silt, sediment, structural deficiencies.

Maintenance is inclusive of repair or replacing any of the items noted as deficient or needing to be corrected to not be deficient. Administration is inclusive of quality assurance and control of inspection and maintenance, general contract administration, including phone calls and procurement of goods and services. 13 Litter and graffiti removal on sound walls and other amenities, including but not limited to playground equipment and trash cans, plus normal painting as required, within the CFD.

All other services necessary or useful for, or in connection with, the authorized services listed above, including building a reserve fund for replacement of facilities.
14 Exhibit " B"
Incidental Expenses
The cost of the Services shall include incidental expenses, including costs associated with formation of the District, determination of the amount of the Special Tax, collection of the Special Tax, payment of the Special Tax, costs incurred in order to carry out the authorized purposes of the District, and the costs of engineering, inspecting, coordinating, completing, planning and designing the Services, including the costs of environmental evaluations. Authorized Services shall be the following:

The following incidental expenses are examples of those that may be incurred in the formation of the District:

Engineering services,
Publishing, mailing and posting of notices,
Governmental notification and filing costs,
Election costs, and
Charges and fees of the City other than those waived.

The following incidental expenses are examples of those that may be incurred in each annual Special Tax levy:

Necessary consultant costs,
Costs of posting and collecting the special taxes, and
Administrative costs of the City.
15 Exhibit " C"

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
FOR COMMUNITY FACILITIES DISTRICT NO. 24- 001 ( HIGHLAND PARK) please see attached]
16 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 24- 001 ( HIGHLAND PARK)

OF THE CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO, STATE OF

CALIFORNIA
A Special Tax ( all capitalized terms are defined in Section A., " Definitions", below) shall be applicable to each Parcel of Taxable Property located within the boundaries of Community Facilities District No. 24- 001 ( Highland Park). The amount of Special Tax to be levied on a Parcel in each Fiscal Year, commencing in Fiscal Year 2025- 2026, shall be determined by the City Council of the City of Highland, acting in its capacity as the legislative body of the CFD by applying the appropriate Special Tax as set forth in Sections B., C., and D., below. All of the real property within the CFD, unless exempted by law or by the provisions of Section E. below, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:

Acre" or " Acreage" means the land area of a Parcel as indicated on the most recent Assessor' s Parcel Map, or if the land area is not shown on the Assessor' s Parcel Map, the land area shown on the applicable Final Map, Assessor' s Parcel Map, condominium plan, or other recorded County map or the land area calculated to the reasonable satisfaction of the Administrator using the boundaries set forth on such map or plan. The square footage of a Parcel is equal to the Acreage of such Parcel multiplied by 43, 560.

Act" means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2. 5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.

Administrative Expenses" means all actual or reasonably estimated costs and expenses of the CFD that are chargeable or allocable to carry out its duties as the Administrator of the CFD as allowed by the Act, which shall include without limitation, all costs and expenses arising out of or resulting from the annual levy and collection of the Special Tax ( whether by the City or designee thereof or both), any litigation or appeal involving the CFD, and other administrative expenses of the City or designee thereof directly related to the CFD. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD for attorney' s fees and other costs related to commencing and pursuing to completion any foreclosure as a result of delinquent Special Taxes.

Administrator" means an official of the City, or designee thereof, responsible for determining the annual amount of the levy and collection of the Special Taxes.

City of Highland
RMA For CFD No. 24- 001 ( Highland Park) 1
17 Approved Property" means all Parcels of Taxable Property: ( i) that are included in a Final Map that was recorded prior to January 1
st preceding the Fiscal Year in which the
Special Tax is being levied, and ( ii) that have not been issued a Building Permit prior to the April 1st preceding the Fiscal Year in which the Special Tax is being levied.

Assessor" means the Assessor of the County.

Assessor' s Parcel Map" means an official map of the Assessor of the County designating Parcels by Assessor' s Parcel Number.

Assessor' s Parcel Number" means the number assigned to a lot or Parcel for purposes of identification as determined from an Assessor Parcel Map or the applicable assessment roll.

Base Year" means the Fiscal Year ending June 30, 2025.

Boundary Map" means a recorded map of the CFD which indicates by a boundary line the extent of the territory identified to be subject to the levy of Special Taxes.

Building Permit" means the first legal document issued by a local agency giving official permission for new construction. For purposes of this definition, " Building Permit" shall not include any subsequent Building Permits issued or changed after the first issuance.

CFD" means Community Facilities District No. 24- 001 ( Highland Park) of the City of Highland.

City" means the City of Highland, California
Consumer Price Index" means the Consumer Price Index published by the U. S.

Bureau of Labor Statistic for " All Urban Consumers" in the Riverside - San Bernardino - Ontario Area, measured as of the month of March in the Calendar Year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the Administrator that is reasonably comparable to the Consumer Price Index for the Riverside -San Bernardino -Ontario Area.

Council" means the City Council of the City acting as the legislative body of the CFD.

County" means the County of San Bernardino, California.

Developed Property" means all Parcels of Taxable Property: ( i) that are included in a Final Map that was recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is being levied, and ( ii) for which a Building Permit for new construction has been issued prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied.

City of Highland
RMA For CFD No. 24- 001 ( Highland Park) 2
18 Dwelling Unit" or "( D/ U)" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator.

Exempt Property" means any Parcel which is exempt from Special Taxes pursuant to Section E., below.

Final Map" means a subdivision of property by recordation of a Assessor's Parcel Map or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which Building Permits may be issued without further subdivision.

Fiscal Year" means the 12 month period starting on July 1 of any calendar year and ending the following June 30.

Land Use Class" means any of the classes listed in Table 1 and Table 2 of Section C. below.

Maximum Special Tax" means the Maximum Special Tax A and Maximum Special Tax B.

Maximum Special Tax A" means for each Parcel in each Fiscal Year, the greatest amount of Special Tax A, determined in accordance with Section C., below, which may be levied on such Parcel in such Fiscal Year.

Maximum Special Tax B" means for each Parcel in each Fiscal Year, the greatest amount of Special Tax B, determined in accordance with Section C., below, which may be levied on such Parcel in such Fiscal Year.

Mixed Use" means a zoning type that blends residential, commercial, retail or other land uses on a single parcel.

Multifamily Residential Property" means all Parcels of Developed Property that consists of a building or buildings comprised of attached Dwelling Units available for rental by the general public, not for sale to an end user, and under common management.

Non -Residential Property" means all Parcels of Developed Property for which a Building Permit was issued, permitting the construction of one or more non- residential structures.

Operating Reserves" means cash reserves to fund the Special Tax A Requirement, and Special Tax B Requirement in the event of cash flow shortages or unexpected increases in costs.

City of Highland
RMA For CFD No. 24- 001 ( Highland Park) 3
19 Parcel( s)" means a lot or parcel within the CFD shown on an Assessor' s Parcel Map with an assigned Assessor's Parcel Number valid as of July 1st for the Fiscal Year for which the Special Tax is being levied.

Property Owner' s Association Property" means all Parcels which have been conveyed, dedicated to, or irrevocably offered for dedication to a property owner association, including any master or sub -association, prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied.

Proportionately" means for Parcels of Taxable Property that are ( i) Developed Property, that the ratio of the actual Special Tax levy to Maximum Special Tax is the same for all Parcels of Developed Property, ( ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property, and ( iii) Undeveloped Property, Public Property or Property Owner' s Association Property, that the ratios of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is the same for all Parcels of Undeveloped Property, Public Property and Property Owner' s Association Property.

Public Property" means all Parcels which, as of April 1st preceding the Fiscal Year in which the Special Tax is being levied, are ( i) used for rights -of -way or any other purpose and are owned by, dedicated to, or irrevocably offered for dedication to the federal government, the State, the County, City or any other public agency, provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340. 1 of the Act shall be taxed and classified according to its use; or ( ii) encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.

Residential Property" means all Parcels of Developed Property for which a Building Permit has been issued permitting the construction of one or more residential Dwelling Units.

Single Family Property" means all Parcels of Residential Property, other than Multifamily Residential Property.

Special Tax( es)" means the Special Tax A and Special Tax B to be levied in each Fiscal Year on each Parcel of Taxable Property in accordance with Section D.

Special Tax A" means the special tax to be levied in each Fiscal Year on each Parcel of Taxable Property in accordance with Section DA to fund the Special Tax A Requirement.

Special Tax Area A" means the parcels comprising Special Tax Area A as depicted and defined in the Boundary Map.

Special Tax A Requirement" means for each Fiscal Year, that amount required to pay:
i) the estimated cost of Special Tax Area A Services for such Fiscal Year as determined City of Highland
RMA For CFD No. 24- 001 ( Highland Park) 4
20 by the City; ( ii) fund the Special Tax A Reserve Fund in an amount not to exceed 20% of the Special Tax A Reserve Fund Requirement ( iii) pay Administrative Expenses; ( iv) pay for the actual or anticipated shortfall due to Special Tax A delinquencies in the current or prior Fiscal Year; and ( v) less a credit for funds available to reduce the annual Special Tax A levy as determined by the Administrator.

Special Tax A Reserve Fund" means a fund to be used for capital replacement and Operating Reserves related to the Special Tax A Services.

Special Tax A Reserve Fund Requirement" means an amount up to 200% of the anticipated annual cost of Special Tax A Services of $ 97, 317 for the Base Year. The Special Tax A Reserve Fund Requirement shall be increased annually, commencing July 1, 2026, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent ( 2%) of the amount in effect in the previous Fiscal Year.

Special Tax A Services" means ( i) In -Tract Street lights and park lights maintenance including energy charges, operation, maintenance and administrative costs of streetlights within the boundaries of Special Tax Area A, ( ii) Maintenance of the public storm drain system, including but not limited to, catch basins, pipes and pipe connector screens ( iii) Maintenance of the access road ( iv) Capital replacement reserve accumulation for the public storm drain system, access road and bioretention pond and structures.

Special Tax B" means the special tax to be levied in each Fiscal Year on each Parcel of Taxable Property in accordance with Section D. 2 to fund the Special Tax B Requirement. Maintenance of the Special Tax B Improvements shall be the responsibility of the Property Owner' s Association as long as the Special Tax B Improvements are being maintained to a standard acceptable to the City. Special Tax B shall not be levied in any year the City determines that the Special Tax B Improvements have been maintained to a standard acceptable to the City. Special Tax B shall begin to be levied in the first year in which the City determines that the Special Tax B Improvements have not been maintained to a standard acceptable to the City. The City shall not levy Special Tax B without first giving notice to the Property Owner' s Association specifying the maintenance deficiency related to the Special Tax B Improvements and allowing a sufficient period, as determined by the City, for curing such deficiency
Special Tax Area B" means the parcels comprising Special Tax Area B as depicted and defined in the Boundary Map.

Special Tax B Requirement" means for each Fiscal Year, that amount required to: ( i) pay the estimated cost of Special Tax Area B Services for such Fiscal Year as determined by the City; ( ii) fund the Special Tax B Reserve Fund in an amount not to exceed 20% of the Special Tax B Reserve Fund Requirement (iii) pay Administrative Expenses; ( iv) pay for the actual or anticipated shortfall due to Special Tax B delinquencies in the current or prior Fiscal Year; and ( v) less a credit for funds available to reduce the annual Special Tax B levy as determined by the Administrator.

City of Highland
RMA For CFD No. 24- 001 ( Highland Park) 5
21 Special Tax B Reserve Fund" means a fund to be used for capital replacement and Operating Reserves related to the Special Tax B Services.

Special Tax B Reserve Fund Requirement" means an amount up to 200% of the anticipated annual cost of Special Tax B Services of $ 90, 623 for the Base Year. The Special Tax B Reserve Fund Requirement shall be increased annually, commencing July 1, 2026, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) of the amount in effect in the previous Fiscal Year.

Special Tax B Services" means (i) Public park landscape maintenance (ii) Open space landscape maintenance (iii) Basin landscape maintenance and (iv) Bioretention pond and storm detention system and structures and piping maintenance. Landscaping maintenance may include, but is not limited to, all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, electricity, repair/replacement and inspection. Inspection is inclusive of scheduling, travel time, visual inspection process and procedures, GPS location recording, reporting by device, annual reporting; visual inspection for functionality, vegetated as designed, irrigation is complete and in working order, noting any of the following: deficiencies, erosion, trash, silt, sediment, or structural deficiencies.

Maintenance is inclusive of repair or replacing any of the items noted as deficient or needing to be corrected to not be deficient. Administration is inclusive of quality assurance and control of inspection and maintenance, general contract administration, including phone calls and procurement of goods and services.

State" means the State of California.

Taxable Property" means all Parcels within the boundary of the CFD, inclusive of Special Tax A and Special Tax B pursuant to the Boundary Map which are not exempt from the Special Tax pursuant to Section E., below.

Taxable Unit" means either a Dwelling Unit or an Acre, as shown in Tables 1- 3.

Undeveloped Property" means all Parcels of Taxable Property not classified as Developed Property, Approved Property, Public Property, or Property Owner' s Association Property.

B. ASSIGNMENT TO LAND USE CLASS
Each Fiscal Year, commencing with Fiscal Year 2025- 2026, all Parcels of Taxable Property shall be classified as either Developed Property, Approved Property, Undeveloped Property, Public Property, or Property Owner' s Association Property; and subject to the levy of Special Taxes in accordance with this Rate and Method of Apportionment as determined pursuant to Sections C. and D.

City of Highland
RMA For CFD No. 24- 001 ( Highland Park) 6
22 Parcels of Developed Property shall further be classified as Residential Property or Non - Residential Property. Parcels of Residential Property shall further be classified as Single Family or Multifamily Residential Property.

C. MAXIMUM SPECIAL TAX RATES

1. Developed Property
The Maximum Special Tax A and Maximum Special Tax B that may be levied and escalated, as explained further in Section C. 1. ( a) below, in any Fiscal Year for each Parcel classified as Developed Property shall be determined by reference to Table 1 below according to the Special Tax Area in which the Parcel is located.

TABLE 1
Maximum Special Tax Rates for Developed Property
for Fiscal Year 2025- 2026
Land
Use
Class Description
Taxable
Unit
Maximum
Special Tax A
Per Taxable Unit
Maximum
Special Tax B
Per Taxable Unit
1 Single Family Residential Property D/ U 1, 058 1, 011 2 Multifamily Residential Property Acre 10, 647 10, 174 3 Non - Residential Property Acre 10, 647 10, 174
a) Increase in the Maximum Special Tax
On each July 1, following the Base Year, the Maximum Special Tax A and Special Tax B, identified in Table 1 above, shall be increased annually, commencing July 1, 2026, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent ( 2%) of the Maximum Special Tax in effect in the previous Fiscal Year. b) Multiple Land Use Classes
In some instances a Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax A that may be levied on such Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land City of Highland
RMA For CFD No. 24-001 ( Highland Park) 7
23 Use Class located on that Parcel. The Maximum Special Tax B that may be levied on such Parcel shall be the sum of the Maximum Special Tax B that can be levied for each Land Use Class located on that Parcel. For a Parcel that contains more than one Land Use Class ( Mixed Use) the Single Family Property portion will be assessed based on Dwelling Units and the other land uses will be assessed based on acreage as designated for each land use as determined by reference to the site plan approved for such Parcel. The Administrator' s allocation to each Land Use Class shall be final.

2. Approved Property
The Maximum Special Tax A and Maximum Special Tax B that may be levied and escalated for each Parcel classified as Approved Property shall be the amount determined by reference to Table 4 according to the Special Tax Area within which the Parcel is located.

TABLE 2
Maximum Special Tax for Approved Property
for Fiscal Year 2025- 2026
Maximum Maximum
Special Tax A Special Tax B
Per Acre Per Acre
10, 647 10, 174
The Maximum Special Tax A and Maximum Special Tax B for Approved Property shall be increased annually, commencing July 1, 2026, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent ( 6%) and a minimum annual increase of two percent ( 2%) of the corresponding Maximum Special Tax in effect in the previous Fiscal Year.

The Maximum Special Tax A for each Parcel of Approved Property shall be equal to the product of the applicable Undeveloped Property Maximum Special Tax A per Acre times the Acreage of such Parcel; provided, however, for a Parcel of Approved Property that is expected to become Single Family Property as reasonably determined by the Administrator based on the Final Map recordation for such Parcel, the Maximum Special Tax A for such Parcel of Approved Property shall be calculated pursuant to Section C. 1 as if such Parcel were already designated as Single Family Property.

The Maximum Special Tax B for each Parcel of Approved Property shall be equal to the product of the applicable Undeveloped Property Maximum Special Tax B per Acre times the Acreage of such Parcel; provided, however, for a Parcel of City of Highland
RMA For CFD No. 24- 001 ( Highland Park) 8
24 Approved Property that is expected to become Single Family Property as reasonably determined by the Administrator based on the Final Map for such Parcel, the Maximum Special Tax B for such Parcel of Approved Property shall be calculated pursuant to Section C. 1 as if such Parcel were already designated as Single Family Property.

The Maximum Special Tax A and Maximum Special Tax B for Approved Property, each area calculated independent of the other, shall be increased annually, commencing July 1, 2026, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent ( 6%) and a minimum annual increase of two percent (2%) of the corresponding Maximum Special Tax in effect in the previous Fiscal Year.

3. Undeveloped Property
The Maximum Special Tax A and Maximum Special Tax B that may be levied and escalated for each Parcel classified as Undeveloped Property shall be the amount determined by reference to Table 3 according to the Special Tax Area within which the Parcel is located.

TABLE 3
Maximum Special Tax for Undeveloped Property
for Fiscal Year 2025- 2026
Maximum Maximum
Special Tax A Special Tax B
Per Acre Per Acre
10, 647 10, 174
The Maximum Special Tax A and Maximum Special Tax B for Undeveloped Property shall be increased annually, commencing July 1, 2026, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent ( 2%) of the corresponding Maximum Special Tax in effect in the previous Fiscal Year.

City of Highland
RMA For CFD No. 24- 001 ( Highland Park) 9
25 4. Public Property and/ or Property Owner' s Association Property that is not Exempt Property pursuant to the provisions of Section E.

The Maximum Special Tax A for each Parcel of Taxable Public Property and/ or Property Owners Association Property shall be equal to the product of the applicable Undeveloped Property Maximum Special Tax A per Acre times the Acreage of such Parcel and shall be increased annually, commencing July 1, 2026, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent 2%) of the Maximum Special Tax A in effect in the previous Fiscal Year.

The Maximum Special Tax B for each Parcel of Taxable Public Property and/ or Property Owners Association Property shall be equal to the product of the applicable Undeveloped Property Maximum Special Tax B per Acre times the Acreage of such Parcel and shall be increased annually, commencing July 1, 2024, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent 2%) of the Maximum Special Tax B in effect in the previous Fiscal Year.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX

1. Special Tax A
Commencing with Fiscal Year 2025- 2026 and for each following Fiscal Year, the Administrator shall levy the Special Tax A on all Taxable Property until the amount of Special Tax A equals the Special Tax A Requirement in accordance with the following steps:

First: The Special Tax A shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the applicable Maximum Special Tax A as needed to satisfy the Special Tax A Requirement;
Second: If additional moneys are needed to satisfy the Special Tax A Requirement after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax A for Approved Property;
Third: If additional moneys are needed to satisfy the Special Tax A Requirement after the first two steps have been completed, the Special Tax A shall be levied Proportionately on each Parcel of Undeveloped Property at up to 100% of the applicable Maximum Special Tax A for Undeveloped Property; City of Highland
RMA For CFD No. 24- 001 ( Highland Park) 10
26 2. Special Tax B
Commencing with Fiscal Year 2025- 2026 and for each following Fiscal Year, the Administrator shall levy the Special Tax B on all Taxable Property until the amount of Special Tax B equals the Special Tax B Requirement in accordance with the following steps:

First: The Special Tax B shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the applicable Maximum Special Tax A as needed to satisfy the Special Tax B Requirement;
Second: If additional moneys are needed to satisfy the Special Tax B Requirement after the first step has been completed, the Special Tax B shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax B for Approved Property;
Third: If additional moneys are needed to satisfy the Special Tax B Requirement after the first two steps have been completed, the Special Tax B shall be levied Proportionately on each Parcel of Undeveloped Property at up to 100% of the applicable Maximum Special Tax B for Undeveloped Property; Notwithstanding the above, under no circumstances will the Special Taxes levied in any Fiscal Year against any Parcel of Residential Property for which a Building Permit has been issued be increased by more than ten percent ( 10%) as a result of a delinquency in the payment of the Special Tax applicable to any other Parcel above the amount that would have been levied in that Fiscal Year had there never been any such delinquency or default.

City of Highland
RMA For CFD No. 24- 001 ( Highland Park) 11
27 E. EXEMPTIONS
The CFD shall not levy Special Taxes on Public Property and Property Owner's Association Property within the CFD. If any Parcels of Public Property or Property Owner' s Association Property are converted to Taxable Property as the result of the sale or lease of an Exempt Parcel to a private owner for residential or non- residential development, it shall become subject to the Special Tax in accordance with this Rate and Method of Apportionment as determined pursuant to Sections C. and D.

F. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes and shall be subject to the same penalties, the same procedure, sale and lien priority in the case of delinquency; provided, however, that the Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the CFD, and provided further that the CFD may covenant to foreclose and may actually foreclose on Parcels having delinquent Special Taxes as permitted by the Act.

G. APPEALS
Any taxpayer may file a written appeal of the Special Tax on his/ her Parcel( s) with the Administrator, provided that the appellant is current in his/ her payments of Special Taxes.

During pendency of an appeal, all Special Taxes must be paid on or before the payment due date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The Administrator shall review the appeal, meet with the appellant if the Administrator deems necessary, and advise the appellant of its determination. If the Administrator agrees with the appellant, the Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant' s Parcel( s). No refunds of previously paid Special Taxes shall be made.

The Administrator shall interpret this Rate and Method of Apportionment and make determinations relative to the annual levy and administration of the Special Tax and any taxpayer who appeals, as herein specified.

H. TERM OF THE SPECIAL TAX
The Special Tax A and Special Tax B shall be levied annually in perpetuity unless terminated earlier by the City.

City of Highland
RMA For CFD No. 24- 001 ( Highland Park) 12
28 RESOLUTION NO. 2024-

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

CALLING A SPECIAL ELECTION AND SUBMITTING TO THE QUALIFIED ELECTORS OF CITY OF HIGHLAND COMMUNITY FACILITIES DISTRICT NO. 24-001

HIGHLAND PARK) PROPOSITIONS REGARDING THE ESTABLISHMENT OF AN

APPROPRIATIONS LIMIT AND THE ANNUAL LEVY OF A SPECIAL TAX WITHIN THE COMMUNITY FACILITIES DISTRICT.

The City Council of the City of Highland the " City Council") does resolve as follows:

WHEREAS, on November 12, 2024, the City Council ( the " City Council") of the City of Highland (the "City") held a public hearing ( the " Public Hearing") on the establishment of Community Facilities District No. 24- 001 ( Highland Park) ( the " District"); and WHEREAS, following the Public Hearing, the City Council adopted a resolution entitled Resolution of Formation of the City Council of the City of Highland, California, to Establish City of Highland Community Facilities District No. 24-001 ( Highland Park), to Establish an Appropriations Limit therefor, to Authorize the Submittal of the Levy of Special Taxes, and to Submit the Establishment of an Appropriations Limit, to the Qualified Electors of such Community Facilities District" ( the " Resolution of Formation") ordering the formation of the District, and subject to approval of the qualified electors of the District, authorizing the levy of a special tax (the "Special Tax") on property within the District and establishing an appropriations limit for the District, pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code ( the " Act"); and
WHEREAS, pursuant to the Resolution of Formation, the propositions relating to the levy of the Special Tax and the establishment of an appropriations limit will be submitted to the qualified electors of the District as required by the Act; and WHEREAS, no persons are registered to vote in the territory of the District; and WHEREAS, the City Clerk has advised the City Council that she has received a Consent and Waiver from each and every landowner within the District, pursuant to which each landowner has expressly waived certain requirements related to the conduct of the election;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HIGHLAND DOES HEREBY FIND AND RESOLVE TO:

Section 1. Recitals Correct. The foregoing recitals are true and correct. a. Call of Election. The City Council hereby calls and schedules a special election for November 12, 2024, to consider the proposition described in Section 3 below. 29 Section 2. Proposition.
a. Pursuant to Sections 53325. 7, 53326 and 53353. 5 of the Act, the proposition relating to the levy of the Special Tax and the proposition relating to the establishment of the appropriations limit shall be combined into one ballot proposition and shall be submitted to the qualified electors of the District as required by the Act. b. If the combined proposition for the levy of the Special Tax and the establishment of the appropriations limit receives the approval of more than two- thirds of the votes cast on the proposition, the Special Tax may be levied and the appropriations limit may be established as provided for in the Resolution of Formation. c. The amount, method of collection and purpose of the Special Tax are specified in the Resolution of Formation, on file in the office of the City Clerk and by this reference incorporated herein.
d. The proposition to be submitted to the voters of the District at such special election shall be as follows:

Shall special taxes with a rate and method of apportionment as set forth in Exhibit B" to the resolution entitled " Resolution of Formation of the City Council of the City of Highland, California, to Establish City of Highland Community Facilities District No. 24- 001 ( Highland Park), to Establish an Appropriations Limit therefor, to Authorize the Submittal of the Levy of Special Taxes, and to Submit the Establishment of an Appropriations Limit, to the Qualified Electors of such Community Facilities District" (the " Resolution of Formation") be levied annually on taxable property within City of Highland Community Facilities District No. 24- 001 Highland Park), to pay for street lights and park lights, landscape maintenance, park maintenance, private access road maintenance, stormwater and water quality basin maintenance services, and litter and graffiti removal and all other related services necessary or useful for, or in connection with, the foregoing services, including building a reserve fund for replacement, and incidental expenses thereto, all as set forth in Exhibit " A" to the Resolution of Formation, and shall the appropriations limit be established as set forth in Section 14 of the Resolution of Formation"
Section 3. Electors Determined. The City Council finds that 12 persons have not been registered to vote within the territory of the District for the 90 days preceding the close of the Public Hearing and that pursuant to Section 53326 of the Act, the vote in the special election called by this Resolution shall be by the landowners of the District whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within the District which would be subject to the proposed special taxes if they were levied at the time of the election.
30 Section 4. Conduct of Election. Except as otherwise provided in Section 6 hereof, the special election shall be conducted by the City Clerk in accordance with the provisions of the California Elections Code governing mail ballot elections of cities, and in particular the provisions of Division 4 ( commencing with Section 4000), of that Code, insofar as they may be applicable.

Section 5. Election Procedures.
a. The procedures to be followed in conducting the special election on the proposition described in Section 3 shall be as provided in Section 12 of the Resolution of Formation. It is hereby acknowledged that the City Clerk has on file a copy of the Resolution of Formation.
b. The City Council hereby finds that the qualified electors of the District have waived the time limits for conducting the special election by unanimous written consent as provided in the Consent & Waiver signed by the land owner.

Concurrence of the City Clerk. The City Council hereby finds and determines that the City Clerk has concurred in the shortened time for the election, pursuant to Section 53326 of the Act,
APPROVED AND ADOPTED this 12th day of November 2024.

Penny Lilburn
Mayor
ATTEST:

Alondra Munoz
City Clerk
31 RESOLUTION NO. 2024-

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

CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ELECTION IN CITY OF HIGHLAND COMMUNITY FACILITIES DISTRICT NO. 24- 001 ( HIGHLAND

PARK) AND DIRECTING THE RECORDING OF A NOTICE OF SPECIAL TAX LIEN.

The City Council of the City of Highland the ("City Council") does resolve as follows:

WHEREAS, in proceedings heretofore conducted by the City Council pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, commencing with Section 53311, of the California Government Code ( the " Act"), the City Council adopted Resolution No. 2024- on November 12, 2024 entitled " Resolution of the City Council of the City of Highland, California, Calling a Special Election and Submitting to the Qualified Electors of City of Highland Community Facilities District No. 24- 001 ( Highland Park) Propositions Regarding the Establishment of an Appropriations Limit and the Annual Levy of a Special Tax within the Community Facilities District" ( the " Resolution Calling Election"), calling for a special election ( the " Special Election") of the qualified electors within City of Highland Community Facilities District No. 24-001 ( Highland Park) ( the " District"); and
WHEREAS, pursuant to the terms of the Resolution Calling Election, which are by this reference incorporated herein, the Special Election was held on November 12, 2024, and the City Clerk has on file a Certificate of the City Clerk as to the Results of the Canvass of the Election Returns ( the " Certificate"), a copy of which is attached hereto as Exhibit A and by this reference incorporated herein; and WHEREAS, this City Council has reviewed said Certificate and hereby approves it;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HIGHLAND DOES HEREBY FIND AND RESOLVE TO:

Section 1. Recitals Correct. The foregoing recitals are true and correct.

Section 2. Ballot Measure. The ballot measure ( the " Ballot Measure") presented to the qualified electors is set forth in Exhibit B attached hereto and by this reference incorporated herein.

Section 3. Election Results. The results of the Special Election are as set forth in the Certificate on file with the City Clerk and attached hereto as Exhibit A. Pursuant to the Certificate, the Ballot Measure presented at the Special Election was approved by the qualified electors of the District.
32 Section 4. Ballot Measure Authorized. This City Council, acting in it capacity as legislative body of the District, is hereby authorized to levy on the land within the District the special tax described in the Ballot Measure for the purposes described therein and to take the necessary steps to levy the special tax authorized by the Ballot Measure. The appropriations limit as specified in the Ballot Measure is hereby established.

Section 5. Findings of Validity. It is hereby found that all prior proceeding and actions taken by this City Council with respect to the District were valid and in conformity with the Act.

Section 6. Notice of Special Tax Lien. The City Clerk is hereby directed to record in the office of the County Recorder of the County of San Bernardino within fifteen days of the date hereof a notice of special tax lien with respect to the District in substantially the form required by California Streets and Highways Code Section 3114. 5.

APPROVED AND ADOPTED this 12th day of November 2024.

Penny Lilburn
Mayor
ATTEST:

Alondra Munoz
City Clerk
33 EXHIBIT " A"

CITY OF HIGHLAND
COMMUNITY FACILITIES DISTRICT NO. 24-001

HIGHLAND PARK)

CERTIFICATE OF THE CITY CLERK AS TO THE

RESULTS OF THE CANVASS OF THE ELECTION RETURNS
I, Alondra Munoz, MMC, City Clerk of the City of Highland, hereby certify that I canvassed the returns of the Special Election in the City of Highland Community Facilities District No. 24- 001 ( Highland Park), and that the election was held in the Chambers of the City Council at 27215 Base Line, Highland CA, 92346 on November 12, 2024.

I further certify that the total number of ballots cast in said election and the total number of votes cast for and against the measure are full, true and correct:

Community Facilities District No. 24- 001 Qualified
Highland Park) Special Tax Election, Eligible Votes
November 12, 2024 Voters Cast Yes No
Century Communities of California, LLC -
1 46
Ballot Measure
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 12t" day of November 2024.

Alondra Munoz
City Clerk
34 EXHIBIT " B"
attach ballot measures here)
35 BALLOT MEASURE

SPECIAL ELECTION

CITY OF HIGHLAND
COMMUNITY FACILITIES DISTRICT NO. 24- 001

HIGHLAND PARK)
This ballot is for a special landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Highland no later than 12: 00 p.m. on November 12, 2024, by mail; or in person to the location of the public hearing no later than 4: 00 p.m. on November 12, 2024. The City Clerk' s office is located at 27215 Base Line, Highland CA, 92346. The public hearing will be held at the City Council Chambers, 27215 Base Line, Highland CA, 92346.

This ballot is provided to Century Communities of California, LLC, ( the " Owner") or authorized representative of such Owner of land within City of Highland Community Facilities District No. 24- 001 ( Highland Park) and represents forty-six ( 46) votes on assessor parcel numbers:
0288- 562- 05- 0000 0288- 562- 22- 0000 0288- 562- 39- 0000 0288- 562- 06- 0000 0288- 562- 23- 0000 0288- 562- 40- 0000 0288- 562- 07- 0000 0288- 562- 24- 0000 0288- 562- 41- 0000 0288- 562- 08- 0000 0288- 562- 25- 0000 0288- 562- 42- 0000 0288- 562- 09- 0000 0288- 562- 26- 0000 0288- 562- 43- 0000 0288- 562- 10- 0000 0288- 562- 27- 0000 0288- 562- 44- 0000 0288- 562- 11- 0000 0288- 562- 28- 0000 0288- 562- 45- 0000 0288- 562- 12- 0000 0288- 562- 29- 0000 0288- 562- 46- 0000 0288- 562- 13- 0000 0288- 562- 30- 0000 0288- 562- 47- 0000 0288- 562- 14- 0000
0288- 562- 15- 0000
0288- 562- 16- 0000
0288- 562- 17- 0000
0288- 562- 18- 0000
0288- 562- 19- 0000
0288- 562- 20- 0000
0288- 562- 21- 0000
0288- 562- 31- 0000
0288- 562- 32- 0000
0288- 562- 33- 0000
0288- 562- 34- 0000
0288- 562- 35- 0000
0288- 562- 36- 0000
0288- 562- 37- 0000
0288- 562- 38- 0000
0288- 562- 48- 0000
0288- 562- 49- 0000
0288- 562- 50- 0000
To vote, mark a cross ( X) in the voting square after the word " YES" or after the word NO". All marks otherwise made are forbidden and make the ballot void.

If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Highland to obtain a replacement ballot.
36 MEASURE: " Shall special taxes with a rate and method of apportionment as set forth in Exhibit ` B" to the resolution entitled Resolution of Formation of the City Council ofthe City of Highland, California, to Establish City of Highland Community Facilities District No. 24- 001 ( Highland Park), to Establish an Appropriations Limit therefor, to Authorize the Submittal of the Levy of Special Taxes, and to Submit the Establishment of an Appropriations Limit, to the Qualified Electors of such Community Facilities District" ( the Resolution of Formation") be levied annually on taxable property within City of Highland Community Facilities District No. 24- 001 Highland Park), to pay for street lights and park lights, landscape maintenance, park maintenance, private access road maintenance, stormwater and water quality basin maintenance services, and litter and graffiti removal and all other related services necessary or useful for, or in connection with, the foregoing services, including building a reserve fund for replacement, and incidental expenses thereto, all as set forth in Exhibit "A" to the Resolution of Formation, and shall the appropriations limit be established as set forth in Section 14 of the Resolution of Formation?"
The Property Owner/ Authorized Representative Signature:
1) Century Communities of California, LLC
By: _
Name:

Title:
2) Century Communities of California, LLC
By: _
Name:

Title:

Executed On , 2024
Mailing Address:
4695 Macarthur Court, Suite 300
Newport Beach, Ca 92660
Yes
No
37 CFD Report
City of Highland
Community Facilities District 24-001
Highland Park)
October 2024
Prepared for:

City of Highland
27215 Base Line
Highland, CA 92346
Prepared by:

I
Harris & Associates
41593 Winchester Rd, Suite 200
Temecula, California 92590
619) 236- 1778 ext. 1261
38 TABLE OF CONTENTS
COMMUNITY FACILITIES DISTRICT 24- 001 ( HIGHLAND PARK)
Section A — Introduction Page 2
Section B — Description of Services Page 2
Section C — Cost Estimate Page 5
Section D — Rate and Method of Apportionment of Special Tax Page 7 Section E — Proposed Boundaries Page 8
Section F — Maintenance Responsibility Boundaries Page 8

APPENDIX
Rate and Method of Apportionment A
Boundary Map B
Maintenance Responsibility Map C
39 Agency: City of Highland
Project: City of Highland
Community Facilities District No. 24- 001 ( Highland Park) County of San Bernardino, State of California
Community Facilities District Report
Mello -Roos Community Facilities Act of 1982"
A. Introduction
Whereas, the City Council of the City of Highland, County of San Bernardino, State Of California ( Council), did, pursuant to the provisions of the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2. 5 of Division 2 of Title 5 of the California Government Code ( Act), on September 10, 2024, adopt Resolution No. 2024- 042 expressly ordering the preparation and filing of a written Report for a proposed Community Facilities District ( Report). This Community Facilities District shall be referred to as City of Highland Community Facilities District No. 24- 001 ( Highland Park) ( CFD) and ( CFD No. 24- 001 ( Highland Park)); and,
Whereas, The Resolution ordering said Report, did direct that the Report generally contain the following:

A brief description of the services by type proposed to be financed by the CFD which will adequately meet the needs of the CFD; and
An estimate of the costs of providing such services, including the incidental expenses, to be incurred in connection with the CFD;
Now, Therefore, the undersigned, authorized representative of Harris & Associates, the appointed Special Tax Consultant and responsible officer or person directed to prepare the Report, pursuant to the provisions of the Act, does hereby submit the following data.

B. Description of Services
A Community Facilities District may provide for financing of certain public services which are necessary to meet increased demands placed upon local agencies as a result of development or rehabilitation occurring with the CFD.

I
40 A general description of the proposed services, pursuant to the terms stated in Exhibit "A" of the Resolution, is as follows:

Street Lights
Street lights and park lights maintenance including energy charges, operation, maintenance and administrative costs of streetlights within the boundaries of the CFD.

Landscape and Park Maintenance
Landscape maintenance to be financed, including streetscape, park landscaping, open space areas and related facilities. The landscape maintenance may include, but is not limited to, all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, electricity, repair/replacement and inspection.

Private Access Roads
Private Access Roads maintenance includes furnishing of services and materials for the ordinary and usual operation, maintenance and servicing of private access roads.

Stormwater Facilities
Maintenance, administration and inspection of the stormwater facilities and BMPs including water quality basins, bioretention pond and storm detention system and structures, piping, public storm drain system including, but not limited to, catch basins and connector pipe screens, and any other NPDES/WQMP/ BMP related devices. The maintenance may include but is not limited to all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, lighting, electricity, repair/replacement and inspection. Inspection is inclusive of scheduling, travel time, visual inspection process and procedures, GPS location recording, reporting by device, annual reporting, visual inspection for functionality, vegetated as designed, irrigation is complete and in working order, noting any of the following:
any deficiencies, erosion, trash, silt, sediment, or structural deficiencies.

Maintenance is inclusive of repair or replacing any of the items noted as deficient or needing to be corrected to not be deficient. Administration is inclusive of quality assurance and control of inspection and maintenance, general contract administration, including phone calls and procurement of goods and services.

Graffiti Abatement
Litter and graffiti removal on sound walls and other amenities, including but not limited to playground equipment and trash cans, plus normal painting as required, within the CFD.
3 41
Incidentals
All other services necessary or useful for, or in connection with, the authorized services listed above, including building a reserve fund for replacement of facilities.

The services listed herein are representative of the types of services authorized to be financed by Community Facilities District No. 24- 001 ( Highland Park). Detailed scope and limits of specific projects will be determined as appropriate, consistent with the standards of the City of Highland. Addition, deletion or modification of descriptions of the services may be made consistent with the requirements of the City Council of the City of Highland, the Community Facilities District No. 24- 001 ( Highland Park), and the Act.

Based upon the above, it is my opinion that the services being funded are those that are necessary to meet certain increased demands placed upon the City of Highland, as a result of development occurring within the boundaries of the CFD.

We hereby submit the CFD Report on behalf of the City of Highland, California.

Dated this 7th of October 2024.

Harris & Associates
Special Tax Consultant
CFD 24- 001 ( Highland Park)
City of Highland
County of San Bernardino
State of California
4 42
C. Cost Estimate

1. The cost estimate, including incidental expenses, for Special Tax A is as follows:

Description Cost
Public Storm Drain 1, 300. 00
Access Road 200.00
Street Lights 361. 60
Capital Replacement 34, 191. 50
Administration 9, 000. 00
Operating Reserve 3, 605. 31
Total Cost 48, 658. 41
Number of Assessable Lots 46
Total Cost per Lot ( Rounded) 1, 058. 00
The cost estimate, including incidental expenses, for Special Tax B is as follows:

Description Cost
Landscaping — Parkway, Open
Space & Basin
17, 066. 68
Landscaping - Park 10, 494. 48
Bioretention System 13, 000. 00
Administration 500. 00
Operating Reserve 4, 056. 12
Capital Replacement 1, 378. 06
Total Cost 46, 495. 34
Number of Assessable Lots 46
Total Cost per Lot ( Rounded) 1, 011. 00
Special Tax A will have a Maximum Special Tax of $ 1, 058. 00 per Lot for Residential property. Special Tax B will have a Maximum Special Tax of $1, 011. 00 per Lot for Residential property ( as defined in the Rate and Method of Apportionment attached in Appendix A). These amounts shall be increased annually based upon the percentage change in the Consumer Price Index, with a maximum annual increase of six percent ( 6%) and a minimum increase of two percent (2%) of the Maximum Special Tax in effect in the previous Fiscal Year.

2. Pursuant to Section 53340 of the Act, the proceeds of any special tax levied and collected by CFD No. 24- 001 ( Highland Park) may be used only to pay for the cost of providing services and incidental expenses. As defined by the Act, incidental expenses include, but are not limited to, the annual costs associated with determination of the amount of special taxes, collection of special taxes, payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of the community facilities district. The incidental expenses associated with the annual administration of CFD No. 24- 001 ( Highland Park) are initially estimated to be $ 10, 000. This amount shall be increased based upon the 5 43
percentage change in the Consumer Price Index, with a maximum annual increase of six percent ( 6%) and a minimum increase of two percent (2%) of the Maximum Special Tax in effect in the previous Fiscal Year.

3. The cost of the services shall include incidental expenses, including costs associated with formation of the CFD, determination of the amount of the special tax, collection of the special tax, payment of the special tax, costs incurred in order to carry out the authorized purposes of the CFD, and the costs of engineering, inspecting, coordinating, completing, planning and designing the services, including the costs of environmental evaluations.

The following incidental expenses are examples of those that may be incurred in the formation of the CFD:

Engineering services,
Publishing, mailing and posting of notices,
Governmental notification and filing costs,
Election costs, and
Charges and fees of the City of Highland other than those waived.

The following incidental expenses are examples of those that may be incurred in each annual special tax levy:

Necessary consultant costs,
Costs of posting and collecting the special taxes, and
Administrative costs of the City of Highland related to each annual special tax levy.
6 44
D. Rate and Method of Apportionment of Special Tax

1. The Rate and Method of Apportionment of the special tax is attached hereto as Appendix A ( Rate and Method). The special tax will be collected in the same manner and at the same time as ad valorem property taxes and subject to the same penalties and provisions; however, the special tax may be collected at a different time or in a different manner if necessary, for CFD No. 24- 001 ( Highland Park) to meet its financial obligations as permitted by the Act.

2. Maintenance of the Special Tax B Improvements shall be the responsibility of the Property Owner' s Association as long as the Special Tax B Improvements are being maintained to a standard acceptable to the City. Special Tax B shall not be levied in any year the City determines that the Special Tax B Improvements have been maintained to a standard acceptable to the City. Special Tax B shall begin to be levied in the first year in which the City determines that the Special Tax B Improvements, have not been maintained to a standard acceptable to the City of Highland. The City shall not levy Special Tax B without first giving notice to the Property Owner' s Association specifying the maintenance deficiency related to the Special Tax B Improvements and allowing a sufficient period for curing such deficiency.

3. All the property located within CFD No. 24- 001 ( Highland Park), unless exempt by law or by the Rate and Method of Apportionment of the special tax proposed for CFD No. 24- 001 ( Highland Park), shall be taxed for the purpose of providing necessary services to the CFD. Pursuant to Section 53325. 3 of the Act, the tax imposed " is a special tax and not a special assessment, and there is no requirement that the tax be apportioned on the basis of benefit to any property".

The special tax may be based on benefit received by property, the cost of maintaining facilities or authorized services available or other reasonable basis as determined by the Council, although the special tax may not be apportioned on an ad valorem basis pursuant to Article XIII A of the California Constitution.

4. In order to establish the special tax for the CFD, Harris & Associates has relied upon information including, but not limited to: building square footage, net taxable acreage, land use type, types of services, square footage of service areas, street light parameters, groundcover, shrubs, and trees, and plant material expected to be included within the CFD, and estimated costs to maintain which were provided to Harris & Associates by developers, City of Highland, County of San Bernardino, and others. Harris & Associates has not independently verified such data and disclaims responsibility for the impact of inaccurate data provided by others, if any, on the Rate and Method of Apportionment for CFD No. 24- 001 ( Highland Park), including the inability to meet the financial obligations of the CFD. 7 45
E. Proposed Boundaries
CFD No. 24- 001 ( Highland Park) is located in the City of Highland and is generally located north of Base Line, east of Morena Villa Drive and south- west of the North Fork Canal.

CFD No. 24- 001 ( Highland Park) encompasses the congruent areas of Special Tax A and Special Tax B and is projected to contain 46 single family residential parcels, 1 public park and 2 open space/landscaping parcels at buildout.

The proposed boundaries of the CFD are those parcels for which special taxes may be levied to pay for the costs and expenses of the services described above. The proposed CFD boundaries as of the date of this Report include the following assessor parcel number( s):

Taxable Parcels:
0288- 562- 05- 0000
0288- 562- 06- 0000
0288- 562- 07- 0000
0288- 562- 08- 0000
0288- 562- 09- 0000
0288- 562- 10- 0000
0288- 562- 11- 0000
0288- 562- 12- 0000
0288- 562- 13- 0000
0288- 562- 14- 0000
0288- 562- 15- 0000
0288- 562- 16- 0000
0288- 562- 17- 0000
0288- 562- 18- 0000
0288- 562- 19- 0000
0288- 562- 20- 0000
0288- 562- 21- 0000
0288- 562- 22- 0000
0288- 562- 23- 0000
0288- 562- 24- 0000
0288- 562- 25- 0000
0288- 562- 26- 0000
0288- 562- 27- 0000
0288- 562- 28- 0000
0288- 562- 29- 0000
0288- 562- 30- 0000
0288- 562- 31- 0000
0288- 562- 32- 0000
0288- 562- 33- 0000
0288- 562- 34- 0000
0288- 562- 35- 0000
0288- 562- 36- 0000
0288- 562- 37- 0000
0288- 562- 38- 0000
0288- 562- 39- 0000
0288- 562- 40- 0000
0288- 562- 41- 0000
0288- 562- 42- 0000
0288- 562- 43- 0000
0288- 562- 44- 0000
0288- 562- 45- 0000
0288- 562- 46- 0000
0288- 562- 47- 0000
0288- 562- 48- 0000
0288- 562- 49- 0000
0288- 562- 50- 0000
A reduced scale map showing the boundaries of the CFD is provided as Appendix B. A full- scale map is on file with the City Clerk of the City of Highland and was recorded with San Bernardino County Recorder' s Office in Book 91 of Maps of Assessment and Community Facilities Districts at Page 100 on September 25, 2024, Document No. 2024- 0229057.

F. Maintenance Responsibility Boundaries
A map showing the maintenance areas within the CFD and the responsible parties is provided as Appendix C.
46 APPENDIX A

RATE AND METHOD OF APPORTIONMENT

OF SPECIAL TAXES FOR
CFD 24- 001 ( HIGHLAND PARK)
47 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 24- 001 ( HIGHLAND PARK)

OF THE CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO, STATE OF

CALIFORNIA
A Special Tax ( all capitalized terms are defined in Section A., " Definitions", below) shall be applicable to each Parcel of Taxable Property located within the boundaries of Community Facilities District No. 24- 001 ( Highland Park). The amount of Special Tax to be levied on a Parcel in each Fiscal Year, commencing in Fiscal Year 2025-2026, shall be determined by the City Council of the City of Highland, acting in its capacity as the legislative body of the CFD by applying the appropriate Special Tax as set forth in Sections B., C., and D., below. All of the real property within the CFD, unless exempted by law or by the provisions of Section E. below, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:

Acre" or " Acreage" means the land area of a Parcel as indicated on the most recent Assessor' s Parcel Map, or if the land area is not shown on the Assessor' s Parcel Map, the land area shown on the applicable Final Map, Assessor' s Parcel Map, condominium plan, or other recorded County map or the land area calculated to the reasonable satisfaction of the Administrator using the boundaries set forth on such map or plan. The square footage of a Parcel is equal to the Acreage of such Parcel multiplied by 43,560.

Act" means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2. 5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.

Administrative Expenses" means all actual or reasonably estimated costs and expenses of the CFD that are chargeable or allocable to carry out its duties as the Administrator of the CFD as allowed by the Act, which shall include without limitation, all costs and expenses arising out of or resulting from the annual levy and collection of the Special Tax ( whether by the City or designee thereof or both), any litigation or appeal involving the CFD, and other administrative expenses of the City or designee thereof directly related to the CFD. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD for attorney' s fees and other costs related to commencing and pursuing to completion any foreclosure as a result of delinquent Special Taxes.

Administrator" means an official of the City, or designee thereof, responsible for determining the annual amount of the levy and collection of the Special Taxes.

City of Highland
RMA For CFD No. 24- 001 ( Highland Park) 1
48 Approved Property" means all Parcels of Taxable Property: ( i) that are included in a Final Map that was recorded prior to January 1
st preceding the Fiscal Year in which the
Special Tax is being levied, and ( ii) that have not been issued a Building Permit prior to the April 1st preceding the Fiscal Year in which the Special Tax is being levied.

Assessor" means the Assessor of the County.

Assessor' s Parcel Map" means an official map of the Assessor of the County designating Parcels by Assessor' s Parcel Number.

Assessor' s Parcel Number" means the number assigned to a lot or Parcel for purposes of identification as determined from an Assessor Parcel Map or the applicable assessment roll.

Base Year" means the Fiscal Year ending June 30, 2025
Boundary Map" means a recorded map of the CFD which indicates by a boundary line the extent of the territory identified to be subject to the levy of Special Taxes.

Building Permit" means the first legal document issued by a local agency giving official permission for new construction. For purposes of this definition, " Building Permit" shall not include any subsequent Building Permits issued or changed after the first issuance.

CFD" means Community Facilities District No. 24- 001 ( Highland Park) of the City of Highland.

City" means the City of Highland, California
Consumer Price Index" means the Consumer Price Index published by the U. S.

Bureau of Labor Statistic for "All Urban Consumers" in the Riverside -San Bernardino - Ontario Area, measured as of the month of March in the Calendar Year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the Administrator that is reasonably comparable to the Consumer Price Index for the Riverside -San Bernardino -Ontario Area.

Council" means the City Council of the City acting as the legislative body of the CFD.

County" means the County of San Bernardino, California.

Developed Property" means all Parcels of Taxable Property: ( i) that are included in a Final Map that was recorded prior to January 1
st preceding the Fiscal Year in which the
Special Tax is being levied, and ( ii) for which a Building Permit for new construction has been issued prior to April 1
st preceding the Fiscal Year in which the Special Tax is being levied.

City of Highland
RMA For CFD No. 24- 001 ( Highland Park) 2
49 Dwelling Unit" or "( D/ U)" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator.

Exempt Property" means any Parcel which is exempt from Special Taxes pursuant to Section E., below.

Final Map" means a subdivision of property by recordation of a Assessor' s Parcel Map or lot line adjustment, pursuant to the Subdivision Map Act ( California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which Building Permits may be issued without further subdivision.

Fiscal Year" means the 12 month period starting on July 1 of any calendar year and ending the following June 30.

Land Use Class" means any of the classes listed in Table 1 and Table 2 of Section C. below.

Maximum Special Tax" means the Maximum Special Tax A and Maximum Special Tax B.

Maximum Special Tax A" means for each Parcel in each Fiscal Year, the greatest amount of Special Tax A, determined in accordance with Section C., below, which may be levied on such Parcel in such Fiscal Year.

Maximum Special Tax B" means for each Parcel in each Fiscal Year, the greatest amount of Special Tax B, determined in accordance with Section C., below, which may be levied on such Parcel in such Fiscal Year.

Mixed Use" means a zoning type that blends residential, commercial, retail or other land uses on a single parcel.

Multifamily Residential Property" means all Parcels of Developed Property that consists of a building or buildings comprised of attached Dwelling Units available for rental by the general public, not for sale to an end user, and under common management.

Non -Residential Property" means all Parcels of Developed Property for which a Building Permit was issued, permitting the construction of one or more non- residential structures.

Operating Reserves" means cash reserves to fund the Special Tax A Requirement, and Special Tax B Requirement in the event of cash flow shortages or unexpected increases in costs.

City of Highland
RMA For CFD No. 24- 001 ( Highland Park) 3
50 Parcel( s)" means a lot or parcel within the CFD shown on an Assessor's Parcel Map with an assigned Assessor' s Parcel Number valid as of July 1st for the Fiscal Year for which the Special Tax is being levied.

Property Owner' s Association Property" means all Parcels which have been conveyed, dedicated to, or irrevocably offered for dedication to a property owner association, including any master or sub -association, prior to April 1 st preceding the Fiscal
Year in which the Special Tax is being levied.

Proportionately" means for Parcels of Taxable Property that are ( i) Developed Property, that the ratio of the actual Special Tax levy to Maximum Special Tax is the same for all Parcels of Developed Property, ( ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property, and ( iii) Undeveloped Property, Public Property or Property Owner' s Association Property, that the ratios of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is the same for all Parcels of Undeveloped Property, Public Property and Property Owner's Association Property.

Public Property" means all Parcels which, as of April 1st preceding the Fiscal Year in which the Special Tax is being levied, are (i) used for rights -of -way or any other purpose and are owned by, dedicated to, or irrevocably offered for dedication to the federal government, the State, the County, City or any other public agency, provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340. 1 of the Act shall be taxed and classified according to its use; or (ii) encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.

Residential Property" means all Parcels of Developed Property for which a Building Permit has been issued permitting the construction of one or more residential Dwelling Units.

Single Family Property" means all Parcels of Residential Property, other than Multifamily Residential Property.

Special Tax( es)" means the Special Tax A and Special Tax B to be levied in each Fiscal Year on each Parcel of Taxable Property in accordance with Section D.

Special Tax A" means the special tax to be levied in each Fiscal Year on each Parcel of Taxable Property in accordance with Section D. 1
to fund the Special Tax A
Requirement.

Special Tax Area A" means the parcels comprising Special Tax Area A as depicted and defined in the Boundary Map.

Special Tax A Requirement" means for each Fiscal Year, that amount required to pay:
i) the estimated cost of Special Tax Area A Services for such Fiscal Year as determined City of Highland
RMA For CFD No. 24- 001 ( Highland Park) 4
51 by the City; (ii) fund the Special Tax A Reserve Fund in an amount not to exceed 20% of the Special Tax A Reserve Fund Requirement ( iii) pay Administrative Expenses; ( iv) pay for the actual or anticipated shortfall due to Special Tax A delinquencies in the current or prior Fiscal Year; and ( v) less a credit for funds available to reduce the annual Special Tax A levy as determined by the Administrator.

Special Tax A Reserve Fund" means a fund to be used for capital replacement and Operating Reserves related to the Special Tax A Services.

Special Tax A Reserve Fund Requirement" means an amount up to 200% of the anticipated annual cost of Special Tax A Services of $97, 317 for the Base Year. The Special Tax A Reserve Fund Requirement shall be increased annually, commencing July 1, 2026, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent ( 2%) of the amount in effect in the previous Fiscal Year.

Special Tax A Services" means ( i) In -Tract Street lights and park lights maintenance including energy charges, operation, maintenance and administrative costs of streetlights within the boundaries of Special Tax Area A, ( ii) Maintenance of the public storm drain system, including but not limited to, catch basins, pipes and pipe connector screens ( iii) Maintenance of the access road ( iv) Capital replacement reserve accumulation for the public storm drain system, access road and bioretention pond and structures.

Special Tax B" means the special tax to be levied in each Fiscal Year on each Parcel of Taxable Property in accordance with Section D. 2 to fund the Special Tax B Requirement. Maintenance of the Special Tax B Improvements shall be the responsibility of the Property Owner' s Association as long as the Special Tax B Improvements are being maintained to a standard acceptable to the City. Special Tax B shall not be levied in any year the City determines that the Special Tax B Improvements have been maintained to a standard acceptable to the City. Special Tax B shall begin to be levied in the first year in which the City determines that the Special Tax B Improvements have not been maintained to a standard acceptable to the City. The City shall not levy Special Tax B without first giving notice to the Property Owner' s Association specifying the maintenance deficiency related to the Special Tax B Improvements and allowing a sufficient period, as determined by the City, for curing such deficiency
Special Tax Area B" means the parcels comprising Special Tax Area B as depicted and defined in the Boundary Map.

Special Tax B Requirement" means for each Fiscal Year, that amount required to: ( i) pay the estimated cost of Special Tax Area B Services for such Fiscal Year as determined by the City; ( ii) fund the Special Tax B Reserve Fund in an amount not to exceed 20% of the Special Tax B Reserve Fund Requirement (iii) pay Administrative Expenses; ( iv) pay for the actual or anticipated shortfall due to Special Tax B delinquencies in the current or prior Fiscal Year; and ( v) less a credit for funds available to reduce the annual Special Tax B levy as determined by the Administrator.

City of Highland
RMA For CFD No. 24- 001 ( Highland Park) 5
52 Special Tax B Reserve Fund" means a fund to be used for capital replacement and Operating Reserves related to the Special Tax B Services.

Special Tax B Reserve Fund Requirement" means an amount up to 200% of the anticipated annual cost of Special Tax B Services of $90, 623 for the Base Year. The Special Tax B Reserve Fund Requirement shall be increased annually, commencing July 1, 2026, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent ( 2%) of the amount in effect in the previous Fiscal Year.

Special Tax B Services" means (i) Public park landscape maintenance (ii) Open space landscape maintenance ( iii) Basin landscape maintenance and ( iv) Bioretention pond and storm detention system and structures and piping maintenance. Landscaping maintenance may include, but is not limited to, all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, electricity, repair/ replacement and inspection. Inspection is inclusive of scheduling, travel time, visual inspection process and procedures, GPS location recording, reporting by device, annual reporting; visual inspection for functionality, vegetated as designed, irrigation is complete and in working order, noting any of the following: deficiencies, erosion, trash, silt, sediment, or structural deficiencies.

Maintenance is inclusive of repair or replacing any of the items noted as deficient or needing to be corrected to not be deficient. Administration is inclusive of quality assurance and control of inspection and maintenance, general contract administration, including phone calls and procurement of goods and services.

State" means the State of California.

Taxable Property" means all Parcels within the boundary of the CFD, inclusive of Special Tax A and Special Tax B pursuant to the Boundary Map which are not exempt from the Special Tax pursuant to Section E., below.

Taxable Unit" means either a Dwelling Unit or an Acre, as shown in Tables 1- 3.

Undeveloped Property" means all Parcels of Taxable Property not classified as Developed Property, Approved Property, Public Property, or Property Owner' s Association Property.

B. ASSIGNMENT TO LAND USE CLASS
Each Fiscal Year, commencing with Fiscal Year 2025- 2026, all Parcels of Taxable Property shall be classified as either Developed Property, Approved Property, Undeveloped Property, Public Property, or Property Owner' s Association Property; and subject to the levy of Special Taxes in accordance with this Rate and Method of Apportionment as determined pursuant to Sections C. and D.

City of Highland
RMA For CFD No. 24- 001 ( Highland Park) 6
53 Parcels of Developed Property shall further be classified as Residential Property or Non - Residential Property. Parcels of Residential Property shall further be classified as Single Family or Multifamily Residential Property.

C. MAXIMUM SPECIAL TAX RATES

1. Developed Property
The Maximum Special Tax A and Maximum Special Tax B that may be levied and escalated, as explained further in Section C. 1. ( a) below, in any Fiscal Year for each Parcel classified as Developed Property shall be determined by reference to Table 1 below according to the Special Tax Area in which the Parcel is located.

TABLE 1
Maximum Special Tax Rates for Developed Property
for Fiscal Year 2025- 2026
Land
Use
Class Description
Taxable
Unit
Maximum
Special Tax A
Per Taxable Unit
Maximum
Special Tax B
Per Taxable Unit
1 Single Family Residential Property D/ U 1, 058 1, 011 2 Multifamily Residential Property Acre 10, 647 10, 174 3 Non - Residential Property Acre 10, 647 10, 174
a) Increase in the Maximum Special Tax
On each July 1, following the Base Year, the Maximum Special Tax A and Special Tax B, identified in Table 1 above, shall be increased annually, commencing July 1, 2026, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent ( 6%) and a minimum annual increase of two percent ( 2%) of the Maximum Special Tax in effect in the previous Fiscal Year. b) Multiple Land Use Classes
In some instances a Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax A that may be levied on such Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land City of Highland
RMA For CFD No. 24- 001 ( Highland Park) 7
54 Use Class located on that Parcel. The Maximum Special Tax B that may be levied on such Parcel shall be the sum of the Maximum Special Tax B that can be levied for each Land Use Class located on that Parcel. For a Parcel that contains more than one Land Use Class ( Mixed Use) the Single Family Property portion will be assessed based on Dwelling Units and the other land uses will be assessed based on acreage as designated for each land use as determined by reference to the site plan approved for such Parcel. The Administrator' s allocation to each Land Use Class shall be final.

2. Approved Property
The Maximum Special Tax A and Maximum Special Tax B that may be levied and escalated for each Parcel classified as Approved Property shall be the amount determined by reference to Table 4 according to the Special Tax Area within which the Parcel is located.

TABLE 2
Maximum Special Tax for Approved Property
for Fiscal Year 2025-2026
Maximum Maximum
Special Tax A Special Tax B
Per Acre Per Acre
10, 647 10, 174
The Maximum Special Tax A and Maximum Special Tax B for Approved Property shall be increased annually, commencing July 1, 2026, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent ( 6%) and a minimum annual increase of two percent ( 2%) of the corresponding Maximum Special Tax in effect in the previous Fiscal Year.

The Maximum Special Tax A for each Parcel of Approved Property shall be equal to the product of the applicable Undeveloped Property Maximum Special Tax A per Acre times the Acreage of such Parcel; provided, however, for a Parcel of Approved Property that is expected to become Single Family Property as reasonably determined by the Administrator based on the Final Map recordation for such Parcel, the Maximum Special Tax A for such Parcel of Approved Property shall be calculated pursuant to Section C. 1 as if such Parcel were already designated as Single Family Property.

The Maximum Special Tax B for each Parcel of Approved Property shall be equal to the product of the applicable Undeveloped Property Maximum Special Tax B Der Acre times the Acreage of such Parcel; provided, however, for a Parcel of City of Highland
RMA For CFD No. 24- 001 ( Highland Park) 8
55 Approved Property that is expected to become Single Family Property as reasonably determined by the Administrator based on the Final Map for such Parcel, the Maximum Special Tax B for such Parcel of Approved Property shall be calculated pursuant to Section C. 1 as if such Parcel were already designated as Single Family Property.

The Maximum Special Tax A and Maximum Special Tax B for Approved Property, each area calculated independent of the other, shall be increased annually, commencing July 1, 2026, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent ( 6%) and a minimum annual increase of two percent ( 2%) of the corresponding Maximum Special Tax in effect in the previous Fiscal Year.

3. Undeveloped Property
The Maximum Special Tax A and Maximum Special Tax B that may be levied and escalated for each Parcel classified as Undeveloped Property shall be the amount determined by reference to Table 3 according to the Special Tax Area within which the Parcel is located.

TABLE 3
Maximum Special Tax for Undeveloped Property
for Fiscal Year 2025- 2026
Maximum Maximum
Special Tax A Special Tax B
Per Acre Per Acre
10, 647 10, 174
The Maximum Special Tax A and Maximum Special Tax B for Undeveloped Property shall be increased annually, commencing July 1, 2026, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) of the corresponding Maximum Special Tax in effect in the previous Fiscal Year.

City of Highland
RMA For CFD No. 24- 001 ( Highland Park) 9
56 4. Public Property and/ or Property Owner' s Association Property that is not Exempt Property pursuant to the provisions of Section E.

The Maximum Special Tax A for each Parcel of Taxable Public Property and/ or Property Owners Association Property shall be equal to the product of the applicable Undeveloped Property Maximum Special Tax A per Acre times the Acreage of such Parcel and shall be increased annually, commencing July 1, 2026, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent 2%) of the Maximum Special Tax A in effect in the previous Fiscal Year.

The Maximum Special Tax B for each Parcel of Taxable Public Property and/ or Property Owners Association Property shall be equal to the product of the applicable Undeveloped Property Maximum Special Tax B per Acre times the Acreage of such Parcel and shall be increased annually, commencing July 1, 2024, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent ( 6%) and a minimum annual increase of two percent 2%) of the Maximum Special Tax B in effect in the previous Fiscal Year.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX

1. Special Tax A
Commencing with Fiscal Year 2025- 2026 and for each following Fiscal Year, the Administrator shall levy the Special Tax A on all Taxable Property until the amount of Special Tax A equals the Special Tax A Requirement in accordance with the following steps:

First: The Special Tax A shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the applicable Maximum Special Tax A as needed to satisfy the Special Tax A Requirement;
Second: If additional moneys are needed to satisfy the Special Tax A Requirement after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax A for Approved Property;
Third: If additional moneys are needed to satisfy the Special Tax A Requirement after the first two steps have been completed, the Special Tax A shall be levied Proportionately on each Parcel of Undeveloped Property at up to 100% of the applicable Maximum Special Tax A for Undeveloped Property; City of Highland
RMA For CFD No. 24- 001 ( Highland Park) 10
57 2. Special Tax B
Commencing with Fiscal Year 2025- 2026 and for each following Fiscal Year, the Administrator shall levy the Special Tax B on all Taxable Property until the amount of Special Tax B equals the Special Tax B Requirement in accordance with the following steps:

First: The Special Tax B shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the applicable Maximum Special Tax A as needed to satisfy the Special Tax B Requirement;
Second: If additional moneys are needed to satisfy the Special Tax B Requirement after the first step has been completed, the Special Tax B shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax B for Approved Property;
Third: If additional moneys are needed to satisfy the Special Tax B Requirement after the first two steps have been completed, the Special Tax B shall be levied Proportionately on each Parcel of Undeveloped Property at up to 100% of the applicable Maximum Special Tax B for Undeveloped Property; Notwithstanding the above, under no circumstances will the Special Taxes levied in any Fiscal Year against any Parcel of Residential Property for which a Building Permit has been issued be increased by more than ten percent ( 10%) as a result of a delinquency in the payment of the Special Tax applicable to any other Parcel above the amount that would have been levied in that Fiscal Year had there never been any such delinquency or default.

City of Highland
RMA For CFD No. 24- 001 ( Highland Park) 11
58 E. EXEMPTIONS
The CFD shall not levy Special Taxes on Public Property and Property Owner' s Association Property within the CFD. If any Parcels of Public Property or Property Owner's Association Property are converted to Taxable Property as the result of the sale or lease of an Exempt Parcel to a private owner for residential or non- residential development, it shall become subject to the Special Tax in accordance with this Rate and Method of Apportionment as determined pursuant to Sections C. and D.

F. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes and shall be subject to the same penalties, the same procedure, sale and lien priority in the case of delinquency; provided, however, that the Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the CFD, and provided further that the CFD may covenant to foreclose and may actually foreclose on Parcels having delinquent Special Taxes as permitted by the Act.

G. APPEALS
Any taxpayer may file a written appeal of the Special Tax on his/ her Parcel( s) with the Administrator, provided that the appellant is current in his/her payments of Special Taxes.

During pendency of an appeal, all Special Taxes must be paid on or before the payment due date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The Administrator shall review the appeal, meet with the appellant if the Administrator deems necessary, and advise the appellant of its determination. If the Administrator agrees with the appellant, the Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant' s Parcel( s). No refunds of previously paid Special Taxes shall be made.

The Administrator shall interpret this Rate and Method of Apportionment and make determinations relative to the annual levy and administration of the Special Tax and any taxpayer who appeals, as herein specified.

H. TERM OF THE SPECIAL TAX
The Special Tax A and Special Tax B shall be levied annually in perpetuity unless terminated earlier by the City.

City of Highland
RMA For CFD No. 24- 001 ( Highland Park) 12
59 APPENDIX B

BOUNDARY MAP FOR
CFD 24- 001 ( HIGHLAND PARK)
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61 APPENDIX C

MAINTENANCE REPSONSIBILITY MAP FOR
CFD 24- 001 ( HIGHLAND PARK)
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63 ORDINANCE 24-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORDINANCE,

CALIFORNIA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF HIGHLAND COMMUNITY FACILITIES DISTRICT NO. 24- 001 ( HIGHLAND PARK) AUTHORIZING THE LEVY OF A SPECIAL TAX THEREIN.

The City Council of the City of Highland the (" City Council") does resolve as follows:

WHEREAS, the City Council has previously adopted Resolution No. 2024- 042 entitled "A Resolution of Intention of the City Council of the City of Highland, California, to Establish City of Highland Community Facilities District No. 24- 001 ( Highland Park) and to Authorize the Levy of a Special Tax within City of Highland Community Facilities District No. 24- 001 ( Highland Park)" ( the " Resolution of Intention"), stating its intention to conduct proceedings to form City of Highland Community Facilities District No. 24-001 ( Highland Park) ( the " CFD") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the "Act") to finance certain services ( the " Services") including incidental expenses, to serve the CFD; and
WHEREAS, the Resolution of Intention set November 12, 2024, at 4: 00 p. m., or as soon thereafter as practical, as the date of a public hearing on all matters pertaining to the formation of the CFD, the extent of the CFD, the furnishing of Services to serve the CFD, and the proposed rate and method of apportionment of the special tax within the CFD the " Rate and Method"); and
WHEREAS, a notice of public hearing was published and sent to all landowners proposed to be included in the CFD in accordance with the Act; and WHEREAS, at the public hearing, evidence was presented to the City Council on such matters before it, including a special report ( the " Report") describing the services necessary to adequately meet the needs of the CFD and the estimated costs of financing such Services as required by Section 53321. 5 of the Act; and WHEREAS, at the public hearing, all persons desiring to be heard on all matters pertaining to the formation of the CFD, the extent of the CFD, the furnishing of Services to serve the CFD, and the Rate and Method were heard and a full and fair hearing was held; and
WHEREAS, subsequent to the public hearing, the City Council adopted a resolution entitled " Resolution of Formation of the City Council of the City of Highland, California, to Establish City of Highland Community Facilities District No. 24- 001 ( Highland Park), to Establish an Appropriations Limit therefor, to Authorize the Submittal of the Levy of Special Taxes, and to Submit the Establishment of an Appropriations Limit, to the 64 Qualified Electors of such Community Facilities District" ( the " Resolution of Formation") which established the CFD and authorized the levy of a special tax within the CFD; and WHEREAS, subsequent to the public hearing, the City Council also adopted a resolution entitled " Resolution of the City Council of the City of Highland, California, Calling a Special Election and Submitting to the Qualified Electors of City of Highland Community Facilities District No. 24- 001 ( Highland Park) Propositions Regarding the Establishment of an Appropriations Limit and the Annual Levy of a Special Tax Within the Community Facilities District" ( the " Resolution Calling Election") which called a special election of the qualified electors within the CFD; and
WHEREAS, pursuant to the terms of the Resolution Calling Election, an election was held in which qualified electors of the CFD approved the establishment of an appropriations limit for the CFD and the levy of a special tax (the " Special Tax") within the CFD; and
WHEREAS, on November 12, 2024, the City Council adopted a resolution entitled Resolution of the City Council of the City of Highland, California, Declaring the Results of a Special Election in the City of Highland Community Facilities District No. 24- 001 Highland Park) and Directing the Recording of a Notice of Special Tax Lien" ( the Resolution Declaring Results of Election") which certified the results of the November 12, 2024 election conducted by the City Clerk, which results showed that more than twothirds of the votes cast in the CFD were in favor of the proposition to levy the Special Tax and the proposition to establish an appropriations limit for the CFD;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HIGHLAND DOES HEREBY FIND AND RESOLVE TO:

Section 1. Recitals. The above recitals are all true and correct Section 2. Authorization of the Levy of a Special Tax. By the passage of this Ordinance, the City Council authorizes the levy of the Special Tax in the CFD in accordance with the Rate and Method set forth in the Exhibit " B" to the Resolution of Formation, which is on file in the office of the City Clerk and incorporated by reference herein.

Section 3. Annual Rate Determination. The City Council is hereby further authorized to determine on or before August 10 each year, or such other date as is established by law or by the County Auditor -Controller of the County of San Bernardino, the specific Special Tax to be levied on each parcel of land in the CFD, except that special taxes to be levied shall not exceed the maximum rates set forth in the Rate and Method, but the special tax may be levied at a lower rate.

Section 4. Exempt Property. Except as provided in Section 53340. 1 of the Act and except for properties that a local agency is a landowner of within the meaning of subdivision ( f) of Section 53317 of the Act, pursuant to Section 53340 of the Act, properties of entities of the state, federal and local governments shall be exempt from the levy of the Special Tax. Reference is hereby made to the Rate and Method for a description of other properties or entities that are expressly exempted from the levy of the Special Tax. 65 Section 5. Use of Collections. All of the collections of the Special Tax shall be used only as provided by the Act and in the Resolution of Formation. The Special Tax shall be levied only so long as needed for the purposes as described in the Resolution of Formation.

Section 6. Collection. The Special tax shall be collected in the same manner as ordinary ad valorem taxes and shall be subject to the same penalties and the same procedure, sale and lien in any case of delinquency as applicable for ad valorem property taxes; provided, however, that the Special Tax may be collected by direct billing by the City of the property owners in the CFD or in such other manner as may be provided by the City Council. In addition, the provisions of Section 53356. 1 of the Act shall apply to any delinquent Special Tax payments.

Section 7. Authorization. The specific authorization for adoption of the Ordinance is Section 53340 of the Act.

Section 8. Severability. If for any reason any portion of the Ordinance is found to be invalid, or if the Special Tax is found inapplicable for any particular parcel within the CFD, by a court of competent jurisdiction, the balance of this Ordinance, and the application of the Special Tax to the remaining parcels within the CFD shall not be affected.

Section 9. Certification. The City Clerk shall certify the passage of this Ordinance and cause it to be published or posted in accordance with law.

Section 10. Publication. The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen ( 15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933( a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and pasting procedure authorized under Government Code Section 39633( c).

INTRODUCED at the regular meeting of Highland City Council on November 12, 2024.

APPROVED AND ADOPTED this day of , 2024.

Penny Lilburn
Mayor
ATTEST:

Alondra Munoz
City Clerk
66 EXHIBIT B

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 24- 001 ( HIGHLAND PARK)

OF THE CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO, STATE OF

CALIFORNIA
A Special Tax ( all capitalized terms are defined in Section A., " Definitions", below) shall be applicable to each Parcel of Taxable Property located within the boundaries of Community Facilities District No. 24- 001 ( Highland Park). The amount of Special Tax to be levied on a Parcel in each Fiscal Year, commencing in Fiscal Year 2025-2026, shall be determined by the City Council of the City of Highland, acting in its capacity as the legislative body of the CFD by applying the appropriate Special Tax as set forth in Sections B., C., and D., below. All of the real property within the CFD, unless exempted by law or by the provisions of Section E. below, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:

Acre" or " Acreage" means the land area of a Parcel as indicated on the most recent Assessor' s Parcel Map, or if the land area is not shown on the Assessor' s Parcel Map, the land area shown on the applicable Final Map, Assessor' s Parcel Map, condominium plan, or other recorded County map or the land area calculated to the reasonable satisfaction of the Administrator using the boundaries set forth on such map or plan. The square footage of a Parcel is equal to the Acreage of such Parcel multiplied by 43, 560.

Act" means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2. 5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.

Administrative Expenses" means all actual or reasonably estimated costs and expenses of the CFD that are chargeable or allocable to carry out its duties as the Administrator of the CFD as allowed by the Act, which shall include without limitation, all costs and expenses arising out of or resulting from the annual levy and collection of the Special Tax ( whether by the City or designee thereof or both), any litigation or appeal involving the CFD, and other administrative expenses of the City or designee thereof directly related to the CFD. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD for attorney' s fees and other costs related to commencing and pursuing to completion any foreclosure as a result of delinquent Special Taxes.

Administrator" means an official of the City, or designee thereof, responsible for determining the annual amount of the levy and collection of the Special Taxes.

City of Highland
RMA For CFD No. 24- 001 ( Highland Park)
67 Approved Property" means all Parcels of Taxable Property: ( i) that are included in a Final Map that was recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is being levied, and ( ii) that have not been issued a Building Permit prior to the April 1st preceding the Fiscal Year in which the Special Tax is being levied.

Assessor" means the Assessor of the County.

Assessor' s Parcel Map" means an official map of the Assessor of the County designating Parcels by Assessor' s Parcel Number.

Assessor' s Parcel Number" means the number assigned to a lot or Parcel for purposes of identification as determined from an Assessor Parcel Map or the applicable assessment roll.

Base Year" means the Fiscal Year ending June 30, 2025
Boundary Map" means a recorded map of the CFD which indicates by a boundary line the extent of the territory identified to be subject to the levy of Special Taxes.

Building Permit" means the first legal document issued by a local agency giving official permission for new construction. For purposes of this definition, " Building Permit" shall not include any subsequent Building Permits issued or changed after the first issuance.

CFD" means Community Facilities District No. 24- 001 ( Highland Park) of the City of Highland.

City" means the City of Highland, California
Consumer Price Index" means the Consumer Price Index published by the U. S.

Bureau of Labor Statistic for " All Urban Consumers" in the Riverside -San Bernardino - Ontario Area, measured as of the month of March in the Calendar Year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the Administrator that is reasonably comparable to the Consumer Price Index for the Riverside - San Bernardino - Ontario Area.

Council" means the City Council of the City acting as the legislative body of the CFD.

County" means the County of San Bernardino, California.

Developed Property" means all Parcels of Taxable Property: ( i) that are included in a Final Map that was recorded prior to January 1It preceding the Fiscal Year in which the Special Tax is being levied, and ( ii) for which a Building Permit for new construction has been issued prior to April 1
It preceding the Fiscal Year in which the Special Tax is being levied.

City of Highland
RMA For CFD No. 24- 001 ( Highland Park) 2
68 Dwelling Unit" or "( D/ U)" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator.

Exempt Property" means any Parcel which is exempt from Special Taxes pursuant to Section E., below.

Final Map" means a subdivision of property by recordation of a Assessor's Parcel Map or lot line adjustment, pursuant to the Subdivision Map Act ( California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which Building Permits may be issued without further subdivision.

Fiscal Year" means the 12 month period starting on July 1 of any calendar year and ending the following June 30.

Land Use Class" means any of the classes listed in Table 1 and Table 2 of Section C. below.

Maximum Special Tax" means the Maximum Special Tax A and Maximum Special Tax B.

Maximum Special Tax A" means for each Parcel in each Fiscal Year, the greatest amount of Special Tax A, determined in accordance with Section C., below, which may be levied on such Parcel in such Fiscal Year.

Maximum Special Tax B" means for each Parcel in each Fiscal Year, the greatest amount of Special Tax B, determined in accordance with Section C., below, which may be levied on such Parcel in such Fiscal Year.

Mixed Use" means a zoning type that blends residential, commercial, retail or other land uses on a single parcel.

Multifamily Residential Property" means all Parcels of Developed Property that consists of a building or buildings comprised of attached Dwelling Units available for rental by the general public, not for sale to an end user, and under common management.

Non -Residential Property" means all Parcels of Developed Property for which a Building Permit was issued, permitting the construction of one or more non- residential structures.

Operating Reserves" means cash reserves to fund the Special Tax A Requirement, and Special Tax B Requirement in the event of cash flow shortages or unexpected increases in costs.

City of Highland
RMA For CFD No. 24- 001 ( Highland Park) 3
69 Parcel( s)" means a lot or parcel within the CFD shown on an Assessor' s Parcel Map with an assigned Assessor' s Parcel Number valid as of July 1st for the Fiscal Year for which the Special Tax is being levied.

Property Owner' s Association Property" means all Parcels which have been conveyed, dedicated to, or irrevocably offered for dedication to a property owner association, including any master or sub -association, prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied.

Proportionately" means for Parcels of Taxable Property that are ( i) Developed Property, that the ratio of the actual Special Tax levy to Maximum Special Tax is the same for all Parcels of Developed Property, ( ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property, and ( iii) Undeveloped Property, Public Property or Property Owner' s Association Property, that the ratios of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is the same for all Parcels of Undeveloped Property, Public Property and Property Owner' s Association Property.

Public Property" means all Parcels which, as of April 1st preceding the Fiscal Year in which the Special Tax is being levied, are ( i) used for rights -of -way or any other purpose and are owned by, dedicated to, or irrevocably offered for dedication to the federal government, the State, the County, City or any other public agency, provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340. 1 of the Act shall be taxed and classified according to its use; or ( ii) encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.

Residential Property" means all Parcels of Developed Property for which a Building Permit has been issued permitting the construction of one or more residential Dwelling Units.

Single Family Property" means all Parcels of Residential Property, other than Multifamily Residential Property.

Special Tax( es)" means the Special Tax A and Special Tax B to be levied in each Fiscal Year on each Parcel of Taxable Property in accordance with Section D.

Special Tax A" means the special tax to be levied in each Fiscal Year on each Parcel of Taxable Property in accordance with Section D. 1 to fund the Special Tax A Requirement.

Special Tax Area A" means the parcels comprising Special Tax Area A as depicted and defined in the Boundary Map.

Special Tax A Requirement" means for each Fiscal Year, that amount required to pay:
i) the estimated cost of Special Tax Area A Services for such Fiscal Year as determined City of Highland
RMA For CFD No. 24- 001 ( Highland Park) 4
70 by the City; ( ii) fund the Special Tax A Reserve Fund in an amount not to exceed 20% of the Special Tax A Reserve Fund Requirement (iii) pay Administrative Expenses; (iv) pay for the actual or anticipated shortfall due to Special Tax A delinquencies in the current or prior Fiscal Year; and ( v) less a credit for funds available to reduce the annual Special Tax A levy as determined by the Administrator.

Special Tax A Reserve Fund" means a fund to be used for capital replacement and Operating Reserves related to the Special Tax A Services.

Special Tax A Reserve Fund Requirement" means an amount up to 200% of the anticipated annual cost of Special Tax A Services of $97, 317 for the Base Year. The Special Tax A Reserve Fund Requirement shall be increased annually, commencing July 1, 2026, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent ( 6%) and a minimum annual increase of two percent ( 2%) of the amount in effect in the previous Fiscal Year.

Special Tax A Services" means ( i) In -Tract Street lights and park lights maintenance including energy charges, operation, maintenance and administrative costs of streetlights within the boundaries of Special Tax Area A, ( ii) Maintenance of the public storm drain system, including but not limited to, catch basins, pipes and pipe connector screens ( iii) Maintenance of the access road ( iv) Capital replacement reserve accumulation for the public storm drain system, access road and bioretention pond and structures.

Special Tax B" means the special tax to be levied in each Fiscal Year on each Parcel of Taxable Property in accordance with Section D. 2 to fund the Special Tax B Requirement. Maintenance of the Special Tax B Improvements shall be the responsibility of the Property Owner' s Association as long as the Special Tax B Improvements are being maintained to a standard acceptable to the City. Special Tax B shall not be levied in any year the City determines that the Special Tax B Improvements have been maintained to a standard acceptable to the City. Special Tax B shall begin to be levied in the first year in which the City determines that the Special Tax B Improvements have not been maintained to a standard acceptable to the City. The City shall not levy Special Tax B without first giving notice to the Property Owner' s Association specifying the maintenance deficiency related to the Special Tax B Improvements and allowing a sufficient period, as determined by the City, for curing such deficiency
Special Tax Area B" means the parcels comprising Special Tax Area B as depicted and defined in the Boundary Map.

Special Tax B Requirement" means for each Fiscal Year, that amount required to: ( i) pay the estimated cost of Special Tax Area B Services for such Fiscal Year as determined by the City; ( ii) fund the Special Tax B Reserve Fund in an amount not to exceed 20% of the Special Tax B Reserve Fund Requirement ( iii) pay Administrative Expenses; ( iv) pay for the actual or anticipated shortfall due to Special Tax B delinquencies in the current or prior Fiscal Year; and ( v) less a credit for funds available to reduce the annual Special Tax B levy as determined by the Administrator.

City of Highland
RMA For CFD No. 24- 001 ( Highland Park) 5
71 Special Tax B Reserve Fund" means a fund to be used for capital replacement and Operating Reserves related to the Special Tax B Services.

Special Tax B Reserve Fund Requirement" means an amount up to 200% of the anticipated annual cost of Special Tax B Services of $90, 623 for the Base Year. The Special Tax B Reserve Fund Requirement shall be increased annually, commencing July 1, 2026, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent ( 6%) and a minimum annual increase of two percent ( 2%) of the amount in effect in the previous Fiscal Year.

Special Tax B Services" means ( i) Public park landscape maintenance ( ii) Open space landscape maintenance (iii) Basin landscape maintenance and ( iv) Bioretention pond and storm detention system and structures and piping maintenance. Landscaping maintenance may include, but is not limited to, all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, electricity, repair/ replacement and inspection. Inspection is inclusive of scheduling, travel time, visual inspection process and procedures, GPS location recording, reporting by device, annual reporting; visual inspection for functionality, vegetated as designed, irrigation is complete and in working order, noting any of the following: deficiencies, erosion, trash, silt, sediment, or structural deficiencies.

Maintenance is inclusive of repair or replacing any of the items noted as deficient or needing to be corrected to not be deficient. Administration is inclusive of quality assurance and control of inspection and maintenance, general contract administration, including phone calls and procurement of goods and services.

State" means the State of California.

Taxable Property" means all Parcels within the boundary of the CFD, inclusive of Special Tax A and Special Tax B pursuant to the Boundary Map which are not exempt from the Special Tax pursuant to Section E., below.

Taxable Unit" means either a Dwelling Unit or an Acre, as shown in Tables 1- 3.

Undeveloped Property" means all Parcels of Taxable Property not classified as Developed Property, Approved Property, Public Property, or Property Owner' s Association Property.

B. ASSIGNMENT TO LAND USE CLASS
Each Fiscal Year, commencing with Fiscal Year 2025- 2026, all Parcels of Taxable Property shall be classified as either Developed Property, Approved Property, Undeveloped Property, Public Property, or Property Owner' s Association Property; and subject to the levy of Special Taxes in accordance with this Rate and Method of Apportionment as determined pursuant to Sections C. and D.

City of Highland
RMA For CFD No. 24- 001 ( Highland Park) 6
72 Parcels of Developed Property shall further be classified as Residential Property or Non - Residential Property. Parcels of Residential Property shall further be classified as Single Family or Multifamily Residential Property.

C. MAXIMUM SPECIAL TAX RATES

1. Developed Property
The Maximum Special Tax A and Maximum Special Tax B that may be levied and escalated, as explained further in Section C. 1. ( a) below, in any Fiscal Year for each Parcel classified as Developed Property shall be determined by reference to Table 1 below according to the Special Tax Area in which the Parcel is located.

TABLE 1
Maximum Special Tax Rates for Developed Property
for Fiscal Year 2025- 2026
Land
Use
Class Description
Taxable
Unit
Maximum
Special Tax A
Per Taxable Unit
Maximum
Special Tax B
Per Taxable Unit
1 Single Family Residential Property D/ U 1, 058 1, 011 2 Multifamily Residential Property Acre 10, 647 10, 174 3 Non -Residential Property Acre 10, 647 10, 174
a) Increase in the Maximum Special Tax
On each July 1, following the Base Year, the Maximum Special Tax A and Special Tax B, identified in Table 1 above, shall be increased annually, commencing July 1, 2026, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent ( 6%) and a minimum annual increase of two percent ( 2%) of the Maximum Special Tax in effect in the previous Fiscal Year. b) Multiple Land Use Classes
In some instances a Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax A that may be levied on such Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land City of Highland
RMA For CFD No. 24- 001 ( Highland Park) 7
73 Use Class located on that Parcel. The Maximum Special Tax B that may be levied on such Parcel shall be the sum of the Maximum Special Tax B that can be levied for each Land Use Class located on that Parcel. For a Parcel that contains more than one Land Use Class ( Mixed Use) the Single Family Property portion will be assessed based on Dwelling Units and the other land uses will be assessed based on acreage as designated for each land use as determined by reference to the site plan approved for such Parcel. The Administrator' s allocation to each Land Use Class shall be final.

2. Approved Property
The Maximum Special Tax A and Maximum Special Tax B that may be levied and escalated for each Parcel classified as Approved Property shall be the amount determined by reference to Table 4 according to the Special Tax Area within which the Parcel is located.

TABLE 2
Maximum Special Tax for Approved Property
for Fiscal Year 2025- 2026
Maximum Maximum
Special Tax A Special Tax B
Per Acre Per Acre
10, 647 10, 174
The Maximum Special Tax A and Maximum Special Tax B for Approved Property shall be increased annually, commencing July 1, 2026, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent ( 6%) and a minimum annual increase of two percent ( 2%) of the corresponding Maximum Special Tax in effect in the previous Fiscal Year.

The Maximum Special Tax A for each Parcel of Approved Property shall be equal to the product of the applicable Undeveloped Property Maximum Special Tax A per Acre times the Acreage of such Parcel; provided, however, for a Parcel of Approved Property that is expected to become Single Family Property as reasonably determined by the Administrator based on the Final Map recordation for such Parcel, the Maximum Special Tax A for such Parcel of Approved Property shall be calculated pursuant to Section C. 1 as if such Parcel were already designated as Single Family Property.

The Maximum Special Tax B for each
to the product of the applicable UndE
per Acre times the Acreage of such
City of Highland
RMA For CFD No. 24- 001 ( Highland Park)
Parcel of Approved Property shall be equal
veloped Property Maximum Special Tax B
arcel; provided, however, for a Parcel of
LV
74 Approved Property that is expected to become Single Family Property as reasonably determined by the Administrator based on the Final Map for such Parcel, the Maximum Special Tax B for such Parcel of Approved Property shall be calculated pursuant to Section C. 1 as if such Parcel were already designated as Single Family Property.

The Maximum Special Tax A and Maximum Special Tax B for Approved Property, each area calculated independent of the other, shall be increased annually, commencing July 1, 2026, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent ( 6%) and a minimum annual increase of two percent ( 2%) of the corresponding Maximum Special Tax in effect in the previous Fiscal Year.

3. Undeveloped Property
The Maximum Special Tax A and Maximum Special Tax B that may be levied and escalated for each Parcel classified as Undeveloped Property shall be the amount determined by reference to Table 3 according to the Special Tax Area within which the Parcel is located.

TABLE 3
Maximum Special Tax for Undeveloped Property
for Fiscal Year 2025- 2026
Maximum Maximum
Special Tax A Special Tax B
Per Acre Per Acre
10, 647 10, 174
The Maximum Special Tax A and Maximum Special Tax B for Undeveloped Property shall be increased annually, commencing July 1, 2026, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent ( 6%) and a minimum annual increase of two percent ( 2%) of the corresponding Maximum Special Tax in effect in the previous Fiscal Year.

City of Highland
RMA For CFD No. 24- 001 ( Highland Park) 9
75 4. Public Property and/ or Property Owner' s Association Property that is not Exempt Property pursuant to the provisions of Section E.

The Maximum Special Tax A for each Parcel of Taxable Public Property and/ or Property Owners Association Property shall be equal to the product of the applicable Undeveloped Property Maximum Special Tax A per Acre times the Acreage of such Parcel and shall be increased annually, commencing July 1, 2026, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent ( 6%) and a minimum annual increase of two percent 2%) of the Maximum Special Tax A in effect in the previous Fiscal Year.

The Maximum Special Tax B for each Parcel of Taxable Public Property and/ or Property Owners Association Property shall be equal to the product of the applicable Undeveloped Property Maximum Special Tax B per Acre times the Acreage of such Parcel and shall be increased annually, commencing July 1, 2024, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent ( 6%) and a minimum annual increase of two percent 2%) of the Maximum Special Tax B in effect in the previous Fiscal Year.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX

1. Special Tax A
Commencing with Fiscal Year 2025-2026 and for each following Fiscal Year, the Administrator shall levy the Special Tax A on all Taxable Property until the amount of Special Tax A equals the Special Tax A Requirement in accordance with the following steps:

First: The Special Tax A shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the applicable Maximum Special Tax A as needed to satisfy the Special Tax A Requirement;
Second: If additional moneys are needed to satisfy the Special Tax A Requirement after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax A for Approved Property;
Third: If additional moneys are needed to satisfy the Special Tax A Requirement after the first two steps have been completed, the Special Tax A shall be levied Proportionately on each Parcel of Undeveloped Property at up to 100% of the applicable Maximum Special Tax A for Undeveloped Property; City of Highland
RMA For CFD No. 24- 001 ( Highland Park) 10
76 2. Special Tax B
Commencing with Fiscal Year 2025- 2026 and for each following Fiscal Year, the Administrator shall levy the Special Tax B on all Taxable Property until the amount of Special Tax B equals the Special Tax B Requirement in accordance with the following steps:

First: The Special Tax B shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the applicable Maximum Special Tax A as needed to satisfy the Special Tax B Requirement;
Second: If additional moneys are needed to satisfy the Special Tax B Requirement after the first step has been completed, the Special Tax B shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax B for Approved Property;
Third: If additional moneys are needed to satisfy the Special Tax B Requirement after the first two steps have been completed, the Special Tax B shall be levied Proportionately on each Parcel of Undeveloped Property at up to 100% of the applicable Maximum Special Tax B for Undeveloped Property; Notwithstanding the above, under no circumstances will the Special Taxes levied in any Fiscal Year against any Parcel of Residential Property for which a Building Permit has been issued be increased by more than ten percent ( 10%) as a result of a delinquency in the payment of the Special Tax applicable to any other Parcel above the amount that would have been levied in that Fiscal Year had there never been any such delinquency or default.

City of Highland
RMA For CFD No. 24- 001 ( Highland Park) 11
77 E. EXEMPTIONS
The CFD shall not levy Special Taxes on Public Property and Property Owner' s Association Property within the CFD. If any Parcels of Public Property or Property Owner' s Association Property are converted to Taxable Property as the result of the sale or lease of an Exempt Parcel to a private owner for residential or non- residential development, it shall become subject to the Special Tax in accordance with this Rate and Method of Apportionment as determined pursuant to Sections C. and D.

F. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes and shall be subject to the same penalties, the same procedure, sale and lien priority in the case of delinquency; provided, however, that the Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the CFD, and provided further that the CFD may covenant to foreclose and may actually foreclose on Parcels having delinquent Special Taxes as permitted by the Act.

G. APPEALS
Any taxpayer may file a written appeal of the Special Tax on his/ her Parcel( s) with the Administrator, provided that the appellant is current in his/ her payments of Special Taxes.

During pendency of an appeal, all Special Taxes must be paid on or before the payment due date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The Administrator shall review the appeal, meet with the appellant if the Administrator deems necessary, and advise the appellant of its determination. If the Administrator agrees with the appellant, the Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant' s Parcel( s). No refunds of previously paid Special Taxes shall be made.

The Administrator shall interpret this Rate and Method of Apportionment and make determinations relative to the annual levy and administration of the Special Tax and any taxpayer who appeals, as herein specified.

H. TERM OF THE SPECIAL TAX
The Special Tax A and Special Tax B shall be levied annually in perpetuity unless terminated earlier by the City.

City of Highland
RMA For CFD No. 24- 001 ( Highland Park) 12
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79 TO THE CITY COUNCIL
DATE: November 12, 2024
FROM: Carlos Zamano, City Manager
REVIEWED BY: Octavio Duran Jr., Public Works Director/ City Engineer o0 PREPARED BY: As-onja Flynn, Engineering Technician II
SUBJECT: Construction and Construction Management Services Contract Award - Greenspot Road Median and Parkway Improvements Project (Project No. str23002)
RECOMMENDATION: It is recommended that the City Council:

Award the construction contract for Bid No. 2024- 06, Greenspot Road Median and Parkway Improvements ( Project) to the responsible low bidder, Hardy & Harper, Inc., in the amount of $951, 000;

2. Approve a budget adjustment of $400, 660 from the "2007 RDA" Fund balance Special Capital Projects (Acct # 010. 2560) to be expended from Traffic Improvements ( Acct # 010- 3830- 6550).

FISCAL IMPACT: This project is included in the City' s adopted Capital Improvement Program CIP) FY 2022/2023-2026/2027 and has an approved budget of $770, 000 in RDA- 07 funds.

The total fee for design, construction management and the construction contract, including a 10% contingency is $ 1, 170, 658. There is insufficient funding in the approved budget to cover construction costs and staff is recommending to use up to $ 400, 660 in unallocated RDA- 07 funds to complete the project.

Project costs are as follows:

Design: $ 75, 000
Construction Management: $ 49, 480
Construction Contract: $ 951, 000
Contingency ( 10%): $ 95, 178
Total: $ 1, 170, 658
Approved Motion Second
Denied Ayes
Continued Noes
Tabled Abstain
Absent
Agenda Item No.

File No.

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

BACKGROUND: The Project will complete various improvements along Greenspot Road between SR-210 and Boulder Avenue to facilitate traffic operations and access to the future developments in the Greenspot Specific Plan. Improvements are summarized below.

1. Restripe a right turn pocket for westbound SR-210 on ramp to allow for two dual right turn pockets and install traffic loop detection.

2. Modify existing traffic signal at Access "A" intersection to accommodate dual eastbound left turn pockets and future southbound traffic from development to the north.

3. Modify existing raised landscape median to construct 300' dual eastbound left turn pockets at Access " A" intersection.

4. Construct westbound 200' dedicated right turn pocket for Access " B" and relocate an existing storm drain lateral and catch basin.

5. Re -stripe the eastbound center stripe to lengthen the eastbound left turn to 330' at the Lowe' s intersection.

On October 26, 2023, the Finance and Personnel Subcommittee approved a proposal for design services for the Project to Willdan Engineering. Upon completion and approval of project plans and specifications, staff advertised the project following formal bidding procedures on October 10, 2024.

Construction Contract
Three ( 3) bids were received and opened on October 31, 2024 with the following results:

Bidder Total Bid

1. Hardy & Harper, Inc. $ 951, 000. 00

2. Onyx Paving Company, Inc. $ 963, 000. 00

3. All American Asphalt $ 988, 170. 00
The low bid was received from Hardy & Harper, Inc., of Lake Forest, California in the amount of 951, 000. 00. The engineer's estimate for this project is $ 709, 780 and bids are higher due to a larger than anticipated increase in construction prices for smaller overall quantities of work. Despite the larger than anticipated increase, the bid is considered acceptable and staff recommends the City Council award this project to Hardy & Harper, Inc and approve the use of additional RDA- 07 funds needed to complete the project that will improve access to and from the new Costco and neighboring shopping center. A recent reference check has also confirmed that this contractor possesses the qualifications and experience necessary to perform the contract scope of work.

If this contract is awarded, Engineering Staff will provide project administration and oversight. A task orderwas awarded to TKE Engineering in the amount of $49,480 for construction management and inspection services, which includes monitoring compliance with contract documents, including temporary construction traffic control, preparation of monthly progress payment reports, and various administrative activities related to the project. Construction is estimated to begin December 2024 immediately after the award, with anticipated completion by February 2025. 2 The project was evaluated in accordance with the California Environmental Quality Act (CEQA) and is categorically exempt under section 15301.

Attachments: Project Exhibit
TKE Engineering CM Services Proposal
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NGINE
October 30, 2024
Octavio Duran, P. E.

CITY OF HIGHLAND
27215 Base Line
Highland, California 92346
T K E ENGINEERING, I NC.

Subject: Greenspot Road Median and Street Improvements Project - Construction Management and Inspection
Dear Mr. Duran:

Thank you for the opportunity to provide professional construction management and inspection services for the Greenspot Road Median and Street Improvements Project.

The project includes removal and replacement of medians, concrete curbs, gutters, excavation, subgrade preparation, compaction, utility covers adjustment to grade, signing and striping, pavement markings, traffic signal upgrades, asphalt pavement construction, Portland cement concrete pavement construction, storm drain improvements, and modifications to electrical lines, landscaping, and irrigation along the Greenspot Road from Interstate 210 Freeway to approximately 1, 700 linear feet east for the areas specified in the project documents.

The project will be awarded to a construction contractor for a contract time period of 30 working days.

SCOPE OF WORK
TKE' s scope of services is presented in the following paragraphs:

Task No. 1 - Preconstruction Meeting
Prior to the Preconstruction Meeting, TKE' s Construction Manager and Inspector will review all project specifications to have a complete understanding of the project requirements. A preconstruction conference will be held for the projects. The conference will be attended by City staff, TKE' s Construction Manager and Construction Inspector, the Contractor, and representatives of any other affected agencies. Prior to the conference, we will prepare a conference agenda. At the meeting, we will discuss communication protocol requirements, safety and health procedures, storm water controls, schedule requirements, procedures for contract submittals, contract administration, job -site access and delivery, and coordination with others. After the meeting, it will be documented with minutes.

Deliverables: Agenda, Minutes, and distribution to all entities 2 3 0 5 C h i c a g o
A v e - R i v e r s i d e - C A - 9 2 5 0 7
P h ( 9 5> ) 6 8 0- 0 4 4 0 - F a x ( 9 5> ) 6 8 0- 0 4 9 0 w w w t k e e n g i n e e r i n g. e o m
5 Mr. Octavio Duran, P. E., City of Highland
Greenspot Road Median and Street
Management and Inspection
October 30, 2024
Improvements Project - Construction
Task No. 2 - Material Submittal Review
Paqe 2 of 7
TKE will develop a list of all required material submittals and compare the list to the Contractors submittals. TKE will review all project submittals including traffic control plans. Each submittal shall be reviewed with City staff and design engineer as required to verify compliance. We will maintain a project log for each project and it will include descriptions of submittals, submittal status, date received, and date returned. Once the submittals have been reviewed and accepted, they will be signed, dated, and sent to the Construction Inspector, City staff, project Contractor and the file. Submittals will be returned within the time frame specified by the Contract Documents but not longer than two weeks.

In addition to submittals, TKE will review all vendor and lab reports and certifications and material test inspections and correlate all reports with respect to the specifications. TKE will provide a log for reports and certifications and notify the City upon any irregularities.

TKE will perform verification of labor compliance for the project with each payment request submitted. Should deficiencies be noted, corrective action will be requested from the contractors prior to payment release.

Deliverables: Submittals, Transmittals, and Logs
Task No. 3 - Records Management
TKE utilizes an electronic records management system. Files include:

Contract Documents, Addenda, and Reports
All required local, other agencies and state records throughout the project duration and submit copies to the City' s project manager, including labor compliance.

Environmental Compliance Documents/ Agency Permits
Material Submittals
Contractor Correspondence ( BFI' s and RFC' s)
City Correspondence
correspondence)
Certified Payroll Records
Change Orders
Progress Payments
Responses to RFI' s and RFC' s and other
Materials Testing Reports/ Correspondence
Monument Tie Records
Inspection Field Reports/ Accident Reports
6 Mr. Octavio Duran, P. E., City of Highland
Greenspot Road Median and Street
Management and Inspection
October 30, 2024
Photo Logs
Utility/ Agency Correspondence
Improvements Project - Construction
Public Correspondence
Operations and Maintenance Manuals
Project Closeout Records
Deliverables: E- File of All of the Above
Task No. 4 - Construction Meetings
3 of 7
TKE will be in constant communication with City staff during the projects entirety to ensure that the projects are running smoothly and in accordance with the City' s expectations. TKE will hold meetings with City staff, Contractor and Inspector, meetings with utilities/ agencies, and affected agencies. Each is discussed below:

City Meetings- TKE will meet with City staff as required to keep staff fully apprised as to construction progress and potential project issues. We will prepare agendas and minutes for each meeting.

Contractor Meeting -our Construction Manager will meet with the project contractor weekly. We will prepare agendas and minutes for each meeting. Meeting agenda will typically include background, old business, new business, scope, objectives, traffic control, construction phasing, project schedule, potential issues discussion, payment quantities discussion, and any safety deficiencies observed.

Utilities/ Agency Meetings -as mentioned above, TKE will invite utilities and agencies to the preconstruction conference. During that meeting, all potential project impacts will be discussed with each. During construction, should issues develop needing further discussions with utilities/ agencies, TKE will meet with each and develop remediation strategies. Again, all meetings will be documented with minutes.

In addition, the City will receive BFI' s and RFC' s ( including written clarification requests and change -in -plan drawings) regarding the contract documents. TKE will provide any drawings, sketches and written responses in a timely manner to each with direction and will verify compliance with the Contract Documents. All RFI' s and RFC' s will be logged, including content of inquiry, date relayed and date of response.

TKE will review all RFC' s for any potential change in scope and notify the City if potential change orders may arise from the RFC.

Deliverables: Agendas, Minutes, RFI and RFC Responses
Task No. 5 - Construction Management
TKE will review the project schedules and construction progress prior to each Contractor meeting to verify compliance with the Contract Documents. In addition, we will prepare weekly statement of working days to be provided to the contractor 7 Mr. Octavio Duran, P. E., City of Highland
Greenspot Road Median and Street
Management and Inspection
October 30, 2024
Improvements Project - Construction

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