City Council Regular Meeting Minutes May 13, 2025
CALL TO ORDER
The regular meeting of the City Council of the City of Highland was called to order at 6:01 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 Pro Tem McCallon.
ROLL CALL
Present: Hogan, Lilburn, McCallon, Saldana, Timmer
Absent: None
REPORT FROM CLOSED SESSION
CityAttorneyMarroquinstatedCity Councilmet in closedsessionregardingConference with Legal Counsel - Existing Litigation pursuant to Government Code Section 54956. 9( d)( 1) People's Collectivefor EnvironmentalJusticev. InlandValleyDevelopment Agency, et., al., San BernardinoCountyCourtCase No. CIVSB2510434 (City sued as Real Party In Interest). Direction was given to legal counsel; however, no reportable action was taken.
SPECIAL PRESENTATIONS
Mayor Lilburn presented a certificate of recognition to Bob Hitchman for his more than 1, 500 blood donations with LifStream.
MayorLilburnpresenteda ProclamationproclaimingMay18-24 as NationalPublicWorks Week.
PUBLIC COMMENT ( ITEMS NOT ON THE AGENDA)
BobHitchmanspokeregardingconcernsovermotorcyclistandvehiclesafetyissueson the community trails.
Phil Goodrich, representing East Valley Water District thanked staff who attended the Sterling Natural Resource Center ( SNRC) tour.
Jane Bouch and Chris Nielsen representing the Highland Chamber of Commerce spoke regarding upcoming events.
CITY COUNCIL CONSENT CALENDAR
Nicole McCance spoke regarding Consent Calendar Item No. 8.
A MOTION was made by Mayor Pro Tern McCallon, seconded by Councilmember Saldana, to approve the consent calendar as submitted. Motion carried on a roll call vote, 5- 0.
City Council Regular Meeting Minutes May 13, 2025
1. Waive the Reading of All Ordinances
Waivedthe readingof all Ordinancesin theirentiretyandreadby title only.
2. Minutes - April 8, 2025 Regular City Council Meeting Approved the Minutes as submitted.
3. Warrant Register
Approved Warrant Register No. 777 for May 13, 2025, in the amount of $ 5, 553, 970. 96 and Payroll of$ 336, 945. 48.
4. Treasurer' s Report for March 2025
Received and filed Treasurer' s Report for March 2025.
5. Claim Consideration - Moises Salvador Vasquez
Rejected claim.
6. Claim Consideration - Mariah Scott
Rejected claim.
7. Resolution No. 2025- 009, a Resolution of the City Council of the City of Highland, CaliforniaReaffirmingandExtendingProclamationof a LocalEmergencyintheCityof Highland as a Result of the Line Fire
Adopted Resolution No. 2025- 009, continuing to extend the Proclamation of a Local Emergency in the City of Highland as a result of the Line Fire.
RESOLUTION NO. 2025- 009
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
8. Declare Two (2) Seats Vacant on the Planning Commission 1) Declaredtwo (2) seatsvacantonthe PlanningCommission; and 2) DirectedtheCityClerktoadvertisethevacancyonthePlanningCommission.
9. ContractExtensionwith San BernardinoCountyforAnimalCareand ControlServicesfor FY 2025/ 2026 ( San Bernardino County Contract No. 24- 444 A- 1), With Option to Extend One ( 1) Additional Year
Approveda contractextensionwith SanBernardinoCountyAnimalCareandControl Services for FY 2025/ 2026 in the amount of $ 520,404 and authorized the City Manager to execute the related contract extension, as well as the subsequent extension for Fiscal Year 2026/ 2027.
City Council Regular Meeting Minutes May 13, 2025
10. Sheriff's Department Schedule A Amendment for FY 2025/2026 and Amendment No. 4 to the ReimbursementAgreementBetweenthe City of Highlandand EastValleyWater District for Law Enforcement Services for FY 2025/ 2026 1) Authorized the Mayor to execute the amended Schedule A contract ( FY 2025/ 2026) for Law EnforcementServices with the San Bernardino County Sheriff's Departmentwhich includesthe additionof one OfficeSpecialistposition; and
2) ApprovedAmendmentNo. 4 to the ReimbursementAgreementbetweenthe City of Highland and East Valley Water District for Law Enforcement Services ( FY 2025/ 2026).
11. Easement Acceptance for Lakeview Plumbing Corporation ( Juan Cortes) - Single Family Residential Project ( San Francisco Street)
1) Accepted Grant of Easement for San Francisco Street and Fresno Street Rights- of- Way Dedication from Lakeview Plumbing Corporation ( Juan Cortes); and 2) Directed the City Clerk to record the Grant of Easement.
12. Storm Drain EasementAcceptancefor Quick QuackCar Wash CommercialProjectat 28343 Greenspot Road, west of Boulder Avenue ( DRA 023- 008) 1) Acceptedthe Grant of Easementfor drainagepurposesfrom BoulderHoldings, LLC; and
2) Directed the City Clerk to record the Grant of Easement.
13. AuthorizationandAgreementsfor EmergencyGeneratorSystemInstallationfor Highland Fire Station 541 and 542
1) WaivedformalcontractproceduresperMunicipalCodeSection2.40.100forwhich the City' s best interests are served;
2) ApprovedtheproposalfromGORDIANfortheengineeringandinstallationofthe City's 35KW Generac Emergency Generators at the Highland Fire Station 541 in the amount of $ 114,710.31 and Highland Fire Station 542 in the amount of 115, 697. 05, through the City's Sourcewell cooperative purchasing program contract # CA- R8- HVAC- 101723- ABL;
3) Authorizedthe CityManagerto signbothpurchaseagreementswith GORDIANto installthe City's newEmergencyGeneratorsystemsat HighlandFireStation541 and Fire Station 542; and
4) Approved the following budget adjustment: Transfer from Account 029-2511 (to be expended from 029- 2100- 6040 Equipment) $ 114, 710. 31 for Fire Station 541 and 115, 697. 05 for Fire Station 542.
14. Streetand DrainageMaintenanceDistrict96-1 AnnualReport (FiscalYear2025/2026) 1) Adopted Resolution No. 2025- 010, giving preliminary approval of the Annual Report; and
2)
AdoptedResolutionNo. 2025-011, settingJune10, 2025asthedateoftheprotest hearing.
City Council Regular Meeting Minutes May 13, 2025
RESOLUTION NO. 2025- 010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, COUNTY OF
SAN BERNARDINO, CALIFORNIA GIVING PRELIMINARY APPROVAL OF REPORT FOR STREET AND DRAINAGE MAINTENANCE DISTRICT NO. 96-1 FISCAL YEAR 2025- 26
RESOLUTION NO. 2025- 011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA
DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2025-26 IN STREET AND DRAINAGE MAINTENANCE DISTRICT NO. 96-1, AN ASSESSMENT DISTRICT, AND OFFERING A TIME AND PLACE FOR
HEARING OBJECTIONS THERETO
15. Consolidated Landscape and Lighting District 96- 1 Annual Report ( Fiscal Year 2025/ 2026)
1) Adopted Resolution No. 2025- 012, giving preliminary approval of the Annual Report; and
2)
AdoptedResolutionNo. 2025-013, settingJune10, 2025asthedateoftheprotest hearing.
RESOLUTION NO. 2025- 012
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, COUNTY OF
SAN BERNARDINO, CALIFORNIA GIVING PRELIMINARY APPROVAL OF
ENGINEER' S REPORT FOR CONSOLIDATED LANDSCAPING & LIGHTING DISTRICT NO. 96- 1 FISCAL YEAR 2025- 26
RESOLUTION NO. 2025- 013
A RESOLUTIONOFTHE CITYCOUNCILOFTHE CITYOF HIGHLAND, CALIFORNIA
DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2025-26 IN CONSOLIDATED LANDSCAPE AND LIGHTING DISTRICT NO. 96-1, AN ASSESSMENT DISTRICT, AND OFFERING A TIME AND PLACE FOR
HEARING OBJECTIONS THERETO
16. SecondReadingof OrdinanceNo. 468 AmendingChapter 1.20, Arrest and Citation, Chapter 2. 56, Administrative Citation Process, and Chapter 8. 58 of the Highland Municipal Code to Increase the AdministrativeFine as Allowable Under the State Fireworks Law for Use of Illegal Fireworks, and Other Amendments to Authorize Enhanced Code Enforcement Efforts
Conducteda secondreading, readbytitleonly, andwaivedfurtherreadingofOrdinance No. 468.
City Council Regular Meeting Minutes May 13, 2025
ORDINANCE NO. 468
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA, DELETING CHAPTER 1.20 (ARREST AND CITATION PROCEDURES) OF TITLE 1 ( GENERAL PROVISIONS); AND AMENDING CHAPTER 2. 56 ADMINISTRATIVE CITATION PROCESS) OF TITLE 2 (ADMINISTRATION AND PERSONNEL) AND CHAPTER 8.58 (FIREWORKS) OF TITLE 8 (HEALTH AND
SAFETY) OF THE HIGHLAND MUNICIPAL CODE PERTAINING TO THE
ENFORCEMENT OF FIREWORKS VIOLATIONS
17. A Special Event Permit ( SEP 25- 001) by ImmanuelBaptist Churchfor a 4th of July CommunityEvent, FireworksDisplayand Requestfor Co-sponsorship 1) Approved the Special Event Permit ( SEP 25- 001) subject to the conditions of approval; and
2) Approveda requestby ImmanuelBaptistChurchfor co-sponsorshipandwaiving of police, fire permit fees, and Public Works traffic control fees in the amount of approximately $ 15, 402. 62.
CITY COUNCIL PUBLIC HEARING
18. PublicHearingon Vacanciesto ComplywithAssemblyBill2561 MayorLilburnopenedthe publichearing.
Directorof AdministrativeServices Nava-Cruz stated the new legislativerequirement enacted by Governor Newsom, Assembly Bill 2561 amends the Myers-Millais Brown Act by introducing Government Code Section 3502. 3, which mandates that local public agenciesenhancetransparencyandaccountabilityin publicsectorstaffing. Aspartofthis requirement, we are providing a report on our current vacancies, recruitment and retentionefforts. Additionally, since we do not have any bargainingunits, there is no supplementary reporting required in that regard.
As of April30, 2025, the Cityof Highlandhada totalof 46 budgetedpositions, noneof whicharerepresentedby bargaininggroups. Currently, therearetwovacantpositions:
AssistantPublicWorksDirectorand MaintenanceSuperintendent. Recruitmenteffortsfor theseroleshaveincludedpostingson governmentjobs.com, placementon the California EmploymentDevelopmentDepartment (EDD) website, and advertisementson various industryjob boards, includingthe AmericanPublicWorks Association. In responseto outreacheffortsrequestedby the City Manager, we distributed2,500flyersto registered civilengineersin San Bernardinoand Riversidecounties, which has resultedin several applications received.
Our current vacancies stand at 4% primarily in the Public Works Department. Vacancies tendto resultfromvariousfactorssuchasretirements, internalpromotions, resignations, or relocations. FromJanuary1, 2024, to present, the Cityhas promotednineemployees and hiredtwelvenewstaff members. Duringthisperiod, elevenfull-timeemployeeshave separatedfromtheCityor County, withreasonsincludingpursuinghigher-payingor promotional opportunities in other municipal positions ( two employees), moving to the private sector ( one employee), resigning without securing alternative employment ( one employee), retiring ( three employees), relocating ( one employee), and transitioning to
City Council Regular Meeting Minutes May 13, 2025
remote work ( one employee). There have been two Councilmember departures, one resignation and one decision not to seek re- election. These turnover figures reflect broaderworkforcemobilitytrendsandunderscorethe importanceof supportingflexible work arrangements, offering competitive compensation and benefits, and developing pathways for internal advancement.
TheCityof Highlandremainsfocusedon employeeretentionandmaintaininga skilled andresilientworkforce. In2024, we implementedseveralinitiativesaimedat increasing employee satisfaction and promoting professional growth. These include a comprehensive salary adjustment in 2023, continued from 2024 to 2025, a $ 1, 550 cafeteriaplan to assist with health, dental, and vision benefits, and employer-paid life insurance. We also offer flexible schedulingoptions, such as the 9/80 work schedule, provide internal promotional opportunities, and organize employee recognition and appreciationevents. The Cityof Highlandis committedto sustaininga capableworkforce and complying with the requirements of Assembly Bill 2561. Staff will provide annual updates to keep City Council informed about employee recruitment and retention efforts.
Mayor Lilburn asked if there were any questions from the public? Seeing none, she closed the public hearing and brought it back to City Council for deliberation.
A MOTIONwasmadebyMayorLilburn, secondedbyMayorProTernMcCallonto receive andfile the Vacanciesto ComplywithAssemblyBill2561. Motioncarried, 5-0.
19. Resolution No. 2025- 014, Fixing the Highland Paramedic Special Tax Rate for Fiscal Year 2025/ 2026
MayorLilburnopenedthe publichearing.
Directorof AdministrativeServicesNava-Cruzstatedstaffrecommendsadoptinga resolution to set the paramedic tax for Fiscal Year 2025/ 2026 at $ 19 for residential properties and $ 38for commercialproperties. Thisadjustmentis expectedto generate approximately $ 370,000in revenue. Althoughthis amountfalls shortof the projected expenditures of approximately $ 3.2 million, the remaining funding gap will be covered through a transfer from the Fire Department.
Mayor Lilburn asked if there were any questions from the public? Seeing none, she closed the public hearing and brought it back to City Council for deliberation.
A MOTION was made by Councilmember Timmer, seconded by Mayor Pro Tern McCallonto adopt ResolutionNo. 2025-014, fixingthe HighlandParamedicSpecialTax Rate for Fiscal Year 2025/ 2026. Motion carried, 5-0.
RESOLUTION NO. 2025- 014
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND,
CALIFORNIA, FIXINGTHE HIGHLANDPARAMEDICSPECIALTAX RATEFOR FISCAL YEAR 2025/ 2026
City Council Regular Meeting Minutes May 13, 2025
20. OrdinanceDesignatingFireHazardSeverityZonesas RecommendedbytheCalifornia Department of Forestry and Fire Protection, State Fire Marshal Mayor Lilburn opened the public hearing.
CommunityDevelopmentDirectorMainezstated following recent amendmentsto the State Government Code, the office of the State Fire Marshal is now required to designate areas within the state as moderate, high, and very high fire hazard severity zones.
Municipalities are mandated to adopt these maps through local ordinances. On March 24, 2025, the StateFireMarshalreleasedthe recommendedmapfor the SouthernCalifornia region. In accordance with this legislation, the City of Highland is required to make the mapavailablefor publicreviewand commentwithin30daysof its release. Themapwas postedon the city's websiteon April 7, 2025and as of this evening, no publiccomments have been received.
Mayor Lilburn asked if there were any questions from the public? Seeing none, she closed the public hearing and brought it back to City Council for deliberation.
Councilmember Timmer stated it appears the proposed extension of the zones into the interioroftheCityofHighlandmaybeexcessive, consideringfactorssuchasfirehistory, topography, andweatherconditions. Whilewe cannotalterthe currentproposal, I would like to share my perspective. My primary concern relates to insurance implications. The staff report indicates that this is not an insurance matter, it is well understood that insurancecompaniesoften utilize such mapsto determinepolicy cancellationsor rate adjustments and the staff report indicates that 90,000 acres were burned, and 1,000 homesweredestroyedintheoldfire; however, duringtherecentLineFire, intheCityof Highland, no residences were burned or damaged.
A MOTIONwasmadeby CouncilmemberTimmer, secondedbyCouncilmemberSaldana to:
1) IntroduceandconductfirstreadingofOrdinanceNo. 469, anOrdinanceoftheCity of HighlanddesignatingFire HazardSeverityZonesas recommendedby the CaliforniaDepartmentofForestryandFireProtection, StateFireMarshalpursuant to Government Code Section 51179( a), and making the findings of exemption underSection15061(B)(3) of the CaliforniaEnvironmentalQualityAct Guidelines; 2) Direct the City Clerk to transmit a copy of the Ordinance to the State Board of Forestryand Fire Protectionwithin 30 days of adoption, and post a noticeat the office of the County recorder, assessor, and planning agency identifying the location of the " City of Highland Fire Hazard Severity Zones Map"; and 3) Direct staff to file a Notice of Exemption with the County Clerk of the Board. Motion carried, 5- 0.
City Clerk Munoz introduced Ordinance No. 469.
City Council Regular Meeting Minutes May 13, 2025
ORDINANCE NO. 469
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HIGHLAND,
CALIFORNIA, DESIGNATING FIRE HAZARD SEVERITY ZONES AS
RECOMMENDED BY THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE
PROTECTION, STATE FIRE MARSHAL PURSUANT TO GOVERNMENT CODE SECTION 51179( a) AND MAKING THE FINDING OF EXEMPTION UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT (" CEQA") GUIDELINES SECTION 15061( B)( 3)
Which title was read.
21. Municipal Code Amendment ( MCA- 24- 001): Housing Element Implementation Ordinance of the City of Highland Amending Portions of Title 5 (Business License and Regulations), Title 8 ( Health and Safety, and Title 16 ( Land Use and Development Code) of the Highland Municipal Code
Mayor Lilburn opened the public hearing.
Associate Planner Tafolla stated Municipal Code Amendment 24-001 comprises of two ordinances reviewed by the Planning Commission for your consideration. These amendments serve three primary objectives: 1) implement the certified 2021/ 2029 6th Cycle Housing Element; 2) ensure compliance with state housing legislation; and 3) update certain provisions of the Municipal Code.
The HousingElementisoneof sevenrequiredcomponentsof the GeneralPlanandmust be updatedeveryeight years. Our currenthousingelement, referredto as the 6th cycle Housing Element, was certified by the state and includes 33 programs, 11 of which necessitate amendments to the Municipal Code. Tonight' s ordinances implement seven ofthoseprograms, withtheremainingprogramsscheduledforreviewlaterthisyear.
The first ordinance,
presentedseparatelyfor proceduralclarity, focuses on updating Highland's MunicipalCode Section16.44.180 concerningAccessoryDwellingUnits ADUs).
TheCityCouncilis awarethat recentlegislativeactionshavesignificantly expanded ADU laws through Assembly Bills such as AB 671, AB 1033, and AB 1332.
This ordinance aligns our ADU standards with these legislative requirements. It also maintainsexistingrestrictionsby prohibitingADUson propertieslocatedwithinvery high firehazardseverityzonesandonpropertiesnotservedbypublicsewer, consistentwith current regulations. As mandated by law, this ordinance will be submitted to the California Departmentof Housingand CommunityDevelopmentfor review, and approvalwill be contingent upon state consent.
The secondordinanceencompassescomprehensiveupdatesto Title 5, 8, and 16of the Highland Municipal Code. These amendments revise definitions, permits processes, zoning, and development standards. Key changes include repealing the Crime-Free RentalHousingprogramto complywithAB 1418and addressinga recentCalifornia SupremeCourtrulingdeclaringtheprogramunconstitutional. Itfurtherpermitslow-barrier navigationcentersbyrightinmixed-useandplanneddevelopmentzones, asrequiredby AB 101. Theordinanceallowssingle-roomoccupancyhousingthrougha conditionaluse process to support extremely low- income individuals. It also revises regulations for licensedgrouphomes, treatingthoseservingsixorfewerresidentsassingle-familyuses.
City Council Regular Meeting Minutes May 13, 2025
Theamendmentsalignour densitybonusandaccessorystructurestandardswith recent state legislation.
Itisimportantto notethattheseordinancesareregulatoryinnature. Theyaremandatory updatesresultingfrom new state land use laws. Failureto adoptthese provisionscould exposethecityto legalchallenges, financialpenalties, or potentiallossof localauthority over buildingpermit decisions. These updatesdo not entitle or authorizeany specific projects; rather, they ensure our municipal code remains compliant with state requirements while maintaining local discretion where possible. The Planning Commissionhasreviewedtheseordinancesandrecommendstheirapproval. Regarding theADUordinance, staffwilldeferto theCityAttorneyto addressa publiccommentletter received on May 12, 2025.
City Attorney Marroquin stated the City of Highland received a comment letter from the California Housing Defense Fund ( CalHDF), a nonprofit organization, regarding the city's Accessory Dwelling Unit (ADU) Ordinance. The letter suggests that the ordinance should be revisedto eliminatethe requirementfor propertyownersto recorda deed restriction as a condition of obtaining ADU permits, asserting that this requirement is inconsistent with state law.
Theordinanceincludedin theagendapacketdoesrequirerecordinga deedrestriction against the property, which effectively states that the property owner cannot rent the ADU for short-term rentals of less than 30 days. This requirement is also reiterated elsewhere in the ordinance, establishing it as a regulatory standard. The ordinance includes provisions referencing the deed restriction, confirming it as a city requirement.
The keyquestionis whether, understatelaw, the citycanimposea requirementthat property owners record such deed restrictions. My interpretation is that state law does not explicitly prohibit this; rather, it provides maximum standards through the Government Code Sections 66314 and 66315. Section 66314 establishes the maximum standards that a local agencyshall use to evaluatea proposedADU on your lot that includesa proposed or existing single family dwelling, no additional standards other than those providedin GovernmentCodeSection66314shallbe usedor imposedincludingan owneroccupantrequirement, exceptthata localagencymayrequirethatthe property maybe usedfor rentalsof terms30 daysor longer. However, the questionremains whether this restriction can be enforced through a deed restriction. The distinction lies between what constitutes a standard such as height or setback requirementsand requirements like recording deed restrictions, which are regulatory conditions. The statute's languagesuggeststhatstandardsarespecificzoningandbuildingcriteria, not necessarily contractual obligations like deed restrictions.
Furthermore, the cityis requiredto submititsADUordinanceto theCaliforniaDepartment of HousingandCommunityDevelopment (HCD) for reviewand approval. HCDistasked with evaluatingcompliancewith state lawsand can issuenoticesof noncompliance. As oflastyear, HCDhasalsobeenauthorizedtoenforcecompliancedirectly.
In conducting additional research, it appears that HCD has taken the position that requiringdeedrestrictionsforADUsisnotpermissible. Whilethecitycanregulateshort- term rentals such as prohibiting rentals of less than 30 days, it cannot impose the recording of deed restrictions as a condition.
City Council Regular Meeting Minutes May 13, 2025
In response, I haverevisedthe ADUordinanceto removethe deed restriction. Boththe original and the revised versions will be available for your review tonight. Ultimately, whichever version is adopted will be submitted to HCD for review. It is important to note that if HCD determines the ordinance is noncompliant, the ordinance will be considered null and void by law, and until a compliant ordinance is adopted, certain restrictions, such as fire severity zones and sewer requirements, those would be nullified until the new ordinance is adopted.
Mayor Lilburn asked if there were any questions from the public? No public comment was submittedeither. Seeingnone, she closedthe publichearingand broughtit backto City Council for deliberation.
Councilmember Timmer questioned whether the revised ordinance aligns with the intent of the law?
City Attorney Marroquin stated yes, the ordinance was drafted based on what staff and our attorneys interpreted to be in compliance with state law. HCD is the agency responsiblefor determiningcompliance. Additionally, eachcity has someauthorityto evaluate whether we can' t have a deed restriction.
CouncilmemberTimmerstatedif thisordinancehasnotyet beensubmittedto HCDfor review, the city is anticipating HCD' s comments but does not know for sure? City Attorney Marroquin stated our knowledge is limited to the information received in the letter. HCD's website contains an ADU Ordinance compliance review section which includes a list of letters related to various ordinances that have been reviewed and commentedon. One of these letterspertainsto Berkeley's ordinance, which includeda deed restriction. HCD's comment indicated that this restriction would need to be eliminated; however, HCD has not yet reviewed our specific version of the ordinance.
Anotherpotentialapproachistosubmittheordinanceto HCDforreviewpriortoadoption.
ThecaveatisHCDisslowtorespondandthisisaprogramintheHousingElementthat requiresthecityto moveforwardwithadoption, sotherewouldbea potentialfordelay.
CouncilmemberTimmerstatedthecityhasa HousingElementthatextendsto 2029. HCD approved the Housing Element prior, and since then we have had numerous amendments. It isguaranteedHCDwillfindsomethingelseto modify, sothecityshould submitandwaitto receiveanofficialresponsefromthem. In addition, on pagethreeof thestaffreport, ittalksaboutHousingElementProgramNo. 33 (EnhanceAccesstoAreas of Opportunity). It is a newdensityrequirementwithintheeasternpartof thecity. What areaarethey consideringbeingpartas the "easternpartof the city?" CommunityDevelopmentDirectorMainezrespondedthe area CouncilmemberTimmer isreferringtoisthemoderateandhighresourcearea, amodelthatisrunbythestate, all cities need to use it when conducting their Housing Element. The high resource area is BoulderAvenue to the east. This area is predominantlywhere the affluent live, so the statebelievesthecityshouldprovideothertypesof housingwherepeoplecanliveand enjoy those resources such as schools, shopping centers, parks, trails, and good infrastructure. Duringthe PlanningCommissionStudySession, a sitewas identified, and thecitywillinitiatetheCEQAprocess. Itwillconsistof a masterplanandfiveacreswill be set aside.
City Council Regular Meeting Minutes May 13, 2025
Councilmember Timmer asked under this requirement, a minimum of 20 and a maximum of30unitsperacre, doesthestaterequirebonusdensitiesontopofthat? CommunityDevelopmentDirectorMainezrespondedno, thisexerciseisjust lookingat five acres. It is not promotingaffordablehousing, it is goingto be marketrate, it was ok with the state.
Mayor Pro Tern McCallon stated the city should submit the " corrected version" of the ordinance because HCD will disapprove it. SCAQ had a similar disagreement with HCD and it was not resolved for many, many months. In addition, Mayor Pro Tern McCallon asked staff member Associate Planner Tafolla to provide the definition of what low barrier navigation centers are.
Associate Planner Tafolla stated the definition of a low barrier navigation center means a housingfirst low barrier serviceenrichedcenter focusedon movingpeople into permanent housing that provides temporary living facilities, while case managers connect individuals experiencing homelessness to income, public benefits, health services, sheltersand housing. A lowbarriernavigationcentermaybe relocatable, and lowbarrier meansbest practicesto reducebarriersto entry and may includebut not limitedto the following: thepresenceofpartners. Theseshelterscannotrefuseindividualsexperiencing homelessnessbecausetheyhaveapresenceofa partner. Shelterscannotdenyentryto individualswithpets, norcantheyrefuseindividualsbasedonpossessionstorage. They are requiredto provideappropriateprivacymeasures, suchas partitionsaroundbedsor within dormitory settings. Historically, homeless shelters had the option to decline admission for certain reasons.
MayorProTernMcCallonstatedin essencethey are homelesssheltersand mobile.
CouncilmemberTimmerstatedhis concernswith someof the timeframesoutlinedin the Housing Element for the ADU ordinance adoption.
CityAttorneyMarroquinstatedthe housingelementincludesspecifiedtimeframesforthe implementationof itsprograms. Thereisa designateddeadlineforthecityto amendits ADU Ordinancein accordancewith statelaws. Therewouldbe delaysif the ordinanceis sent to HCD to review in advance, however, pursuant to state law, whichever version of the ordinance is adopted must be sent to HCD within 60 days for their review.
CouncilmemberTimmeraskedwhetherwecouldproceedwithadoptingsomeof the amended ordinances and submit them separately to HCD.
CityAttorneyMarroquinmentionedwe havespecificallyseparatedthe ordinancesto ensurethatHCDreceivesonlytheADUordinancereview, ratherthantheentireHousing ElementImplementationOrdinance. Bylaw, thecityisrequiredtosubmitonlytheADU ordinance to HCD. Therefore, whichever version is adopted, that will be the one sent to HCD. HCDis likelyto disapproveof the ordinanceif the CityCouncildoesnot adoptthe revisedversion. Thisexpectationisbasedonpreviousfeedbacktootherjurisdictionswith deed restrictions, where HCDhas indicatedsuch restrictionsare invalid. AlthoughHCD has not yet reviewedthe City of Highlands' version, they have reviewedvariousother versions from different cities.
City Council Regular Meeting Minutes May 13, 2025
Therearetwoseparateordinancesbeforeyoutoday. Oneordinancepertainsto seven Housing Element Programs being adopted, and the other is a separate ADU ordinance within the Housing Element. Tonight' s materials include an amended version of the ADU ordinance, whichhasbeenmodifiedto removethe deedrestrictionrequirement. Youmay choose to adopt this version or the original version included in your packet, which includes the deed restriction. Regardless of the version adopted, the ordinance will be submitted to HCD for review.
A MOTION was made by Councilmember Timmer, seconded by Mayor Pro Tem McCallon to:
1) Adopt a Notice of Exemption and instruct staff to file a Notice of Exemption with the County Clerk of the Board; and
2) Introduce and conduct first reading of Ordinance No. 470 to amend Chapter 5.34 Multiple- Family and other Rental Units) of Title 5, and amend various Chapters of Title 16 (Land Use and Development Code) of the Highland Municipal Code ( HMC) for the implementationof the 6th HousingElementPrograms, mandatoryState Legislation updates, and to correct Municipal Code ambiguities and inconsistencies. Motion carried, 5- 0.
City Clerk Munoz introduced Ordinance No. 470.
ORDINANCE NO. 470
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA, AMENDING TITLE 5 (BUSINESS LICENSES AND REGULATIONS), TITLE 8, ( HEALTH AND SAFETY), AND TITLE 16 ( LAND USE AND DEVELOPMENT
CODE) OF THE HIGHLAND MUNICIPAL CODE TO DELETE THE CRIME FREE
MULTIPLE FAMILY RENTAL HOUSING PROGRAM, UPDATE DEFINITIONS, REVISE
DESIGN REVIEW PROCESSES, UPDATE REGULATIONS FOR NON-CONFORMING
PARCELS, USES AND STRUCTURES, UPDATE REGULATIONS FOR ACCESSORY
STRUCTURES, AMEND EMPLOYMENT DISTRICT BUILDING HEIGHT STANDARDS,
MODIFY DENSITY BONUS REQUIREMENTS CONSISTENT WITH STATE LAW,
AMEND EMERGENCY SHELTER REGULATIONS, AND ESTABLISH SINGLE NAVIGATION CENTERS AS PERMITTED USES IN THE MU AND PD ZONES, ( 2)
SINGLE ROOM OCCUPANCIES AS A CONDITIONALLY PERMITTED USE IN THE A/ EQ, R- 1, R2, R- 3, HDS, VR AND MIXED USE ZONES, ( 3) RESIDENTIAL CARE FACILITIES SERVING SIX OR FEWER AS A PERMITTED USE IN THE A/EQ, R-1 ,
VR, AND EHV ZONES AND AS A PERMITTED USE WITH A STAFF REVIEW PERMIT IN R- 2 AND R- 2C ZONES, ( 4) RESIDENTIAL CARE FACILITIES SERVING SEVEN
OR MORE AS A PERMITTED USE IN THE EHV ZONE AND CONDITIONALLY PERMITTED USE IN THE A/ EQ, R- 1 , VR, AND R- 2C ZONES, ( 5) UNLICENSED GROUP HOMES AS A PERMITTED USE IN THE A/EQ, R-1, VR AND EHV ZONES AND AS PERMITTED USE WITH A STAFF REVIEW PERMIT IN THE R-2C, AND R-2 ZONES, AND (6) CHILDCAREFACILITIESSERVING14OR FEWERCHILDRENAS
A PERMITTED USE IN ALL RESIDENTIAL ZONES, AND MAKE A FINDING OF
EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT MUNICIPAL CODE AMENDMENT MCA 24- 001)
Which title was read.
City Council Regular Meeting Minutes May 13, 2025
A MOTION was made by Mayor Pro Tem McCallon, seconded by Councilmember Timmerto submittherevisedversionoftheordinancepresentedatthemeetingand:
3) Introduce and conduct first reading of Ordinance No. 471 to amend Section
16. 44. 180 ( Accessory Dwelling Units) of Title 16 ( Land Use and Development Code) of the Highland Municipal Code to implement Program 12 of the 6th Cycle HousingElementand ensure consistencywith recent State housinglegislation, including AB 671, AB 1332, AB 976, and AB 1033. The proposed amendment promotesthe developmentof ADUs as a meansto increaseaffordablehousing opportunities and ensures the City' s regulations remain compliant with State law.
Motion carried, 4-1 with Mayor Lilburn dissenting.
City Clerk Munoz introduced Ordinance No. 471.
ORDINANCE NO. 471
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA, AMENDING SECTION 16.44.190 (ACCESSORY DWELLING UNITS) OF TITLE 16 ( LAND USE AND DEVELOPMENT CODE) OF THE HIGHLAND
MUNICIPAL CODE TO UPDATE REQUIREMENTS IN ACCORDANCE WITH STATE
LAW, AND MAKE A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (MUNICIPAL CODE AMENDMENT MCA 24-001) Which title was read.
CITY COUNCIL LEGISLATIVE
22. First Amendment to the City Manager Employment Agreement between Carlos Zamano and the City of Highland
CityAttorneyMarroquinstatedtheagreementstipulatesthattheannualsalaryfortheCity Manager will be $ 252,310, effective March 12, 2025. The City Manager will continue to receive bilingual pay, which is 5% of the current salary, amounting to an additional 1, 051. 29 per month, or $ 12,600 annually. However, should the City Council approve revisionsto the bilingualpaystructurepotentiallyproposedas partof the revisedbudget suchchangeswouldalsoapplytotheCityManager. Inthatcase, thebasesalarywould be adjusted to $ 251, 500. 60, with bilingual pay set at a fixed $ 280 per month instead of 5% of the salary.
Withtheinclusionof bilingualpay, thetotalcompensationremainsconsistent, aligning with the previous total of$ 264,920. The City Manager will also receive the same cost-of- living adjustment as other city employees, along with a vehicle allowance of $ 800 per month. The City Manager will be provided with a combined contribution to the ICMA Deferred Compensation Plan, which is for every $ 2 of voluntary contributions made, the city will contribute a $ 1 up to the maximum allowed of the limit, which in 2025 was 31,000. TheCityManagerwillmaintainexistingbenefits, includinglifeinsurance, PERS retirement, and Cafeteria Plan, as well as any accrued leave balances. The agreement is beingamendedtoremovetheprovisiongrantingtheCityManageraone-timeopportunity to buyback100hoursofaccruedvacationleave, asthisopportunityhasalreadybeen utilized. This is what is being proposed in this First Amendment for consideration.
City Council Regular Meeting Minutes May 13, 2025
A MOTION was made by Mayor Pro Tern McCallon, seconded by Councilmember Saldanato executethe FirstAmendmentto the CityManagerEmploymentAgreement between Carlos Zamano and the City of Highland. Motion carried, 5-0.
23. City Manager Report and Comments (Work Program, Regional/Legislative/Development Issues, Subcommittees, etc.)
City Manager Zamano stated the Highland Sheriff's Department for the month of April received 3, 253 calls for service, made 343 reports, 139 arrests, issued 257 citations, conducted 243 traffic enforcement stops, responded to 60 traffic collisions, 30 transient calls, and 5 towed vehicles.
The Highland Fire Department for the month of April received 613 calls for service, some of which included: 475 medical aids, 32 traffic collisions, 15 structure fires, 26 vegetation fires, 8 vehicle fires and 3 rescues.
City Clerk Munoz has earned the distinguished Certified Municipal Clerk ( CMC) designation, granted by the International Institute of Municipal Clerks ( MC). This credential is awarded solely to municipal clerks who meet rigorous educational standards anddemonstratea provenrecordof meaningfulcontributionsto the localgovernment community and the state.
The Administrative Services/Finance Departmentfor the month of April issued 54 businesslicenses, renewed443businesslicenses, issued74doglicenses, 53yardsale permits, and 198 account payable checks.
The City of Highland has initiated the implementation of the new Enterprise ( ERP) software, which is expected to take approximately two years to complete. This system is designedto streamlinecorefunctionssuchas financialmanagement, humanresources, accountsreceivableand payable, as well as projectsfor planningand engineering.
Human Resourcesis currently recruitingfor an Assistant Public Works Directorand Maintenance Superintendent/ Senior Maintenance Worker for the Public Works Department. Anyoneinterestedcan applyon our citywebsite.
PublicWorkshasoneactiveproject, the9thStreetTransitStops, SidewalkandBikeway ImprovementProject. Constructionis scheduledto commencethismonth. Theproject involvesinstallingnewcurbs, gutters, sidewalks, driveways, and a bikelaneon the south sideof 9thStreet, betweenVictoriaAvenueandapproximately150feetwestof Valaria Drive. Thisprojectwillcompletethefinalsidewalkandbikelanegapsalong9thStreet within Highland, with the only remainingsegmentbeing at the southeastcornerof 9th StreetandDelRosaDrive, whichfallsundertheCityofSanBernardinojurisdiction.
Saturday, May 17, from 8: 00 a. m. to 12: 00 p. m., the Highland Improvement Team ( HIT) will conduct a cleanup event.
Monday, May 19, from 12:00 p.m. to 5:00 p.m. a BloodDrivewill be heldat the Highland Police Station.
Saturday, June 7, from 9: 00 a. m. to 2: 00 p. m., an open house will be held at Fire Station 2 located at 29507 Base Line.
City Council Regular Meeting Minutes May 13, 2025
Forthe monthof April, Burrteccompleted219 illegaldumpingworkorders.
On May 16, the Planning Commission approved a Conditional Use Permit and Design ReviewApplicationfor the expansionof the InlandEmpireIndonesianSeventh-day AdventistChurch, locatedat7480SterlingAvenue, oppositeWarmSpringsElementary School. The proposed expansion includes the construction of a 10,000 square foot multi- purpose building, additional parking facilities, landscaping, and the installation of new blockwalls along the propertyboundaries. Duringthe hearing, certainconditionswere added and revised to ensure that neighbors' concerns were appropriately addressed.
TheCommunityTrailsCommitteeis currentlyfinalizingthe detailsfor the city's Annual Trails Day event, scheduled for Saturday, June 7, at 8:00 a.m. The event will be held at Mediterra Community Park, and participants will have access to the existing trails extending east toward Ron Arnott Orchards. The orchards are located between the Mediterra residential community and the Historic Iron Bridge on Greenspot Road.
Attendeeswill also be providedwith informationregardingupcomingtrail developments that will connect Mediterra to the Historic Iron Bridge and subsequent areas.
TREH partners the developer of the Greenspot crossings at the northeast corner, located atGreenspotRoadandSR210, is makingprogressonthestateandfederaltakepermit for the endangered San Bernardino Kangaroo Rat ( SBKR). The permits pertain to the other8.6 acres, andstaffanticipatesthattheSBKRpermitwillbefinalizedby October 2025. This timeline will enable the San BernardinoCounty Flood Control District to conductstockpilingand rock removal, withthe goalof closingthe doubleescrowby January 27, 2026.
Corky's KitchenandBakerywill havean officialribboncuttingceremonyscheduledfor May 14, 2025 at 11:00 a.m.
14. Councilmember Comments (Agency/Committee/AB 1234 Reports, District Updates, etc.) Councilmember Saldana expressed appreciation to the PublicWorks Department for their effortsinmaintainingthecleanlinessandoverallconditionofthe Cityof Highland. Healso shared that he attended the 2025 City County Conference, and as a new Councilmember, found it to be a valuable networkingexperiencethat provided insights and ideas to enhancehis abilityto servethe communityeffectively.
MayorProTernMcCallonattendedthe EastValleyWaterDistrictfacilitytour, which showcasedanamazingfacilitygeneratingalltheelectricityneededto operateitsfacilities.
He participatedin the ribboncuttingceremonyfor the newGroceryOutlet, markinga successful opening.
MayorLilburnthankedthe city stafffor theirexcellentworkon the newbuilding developmentsintheCityofHighlandandextendedgratitudeto EastValleyWaterDistrict for coordinating the facility tour.
ANNOUNCEMENTS
None
City Council Regular Meeting Minutes May 13, 2025
CLOSED SESSION
None
ADJOURN
Mayor Lilburn adjourned the meeting at 7:32 p.m. in memory of Charles Roberts, Mike McGuinness and Shirley Curry.
Submitted By: Approved By:
Alondra unoz arry M Callon
City CI k ayor ro Tem