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Agenda, regular meeting, second session

Highland City Council
August 12, 2025

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Agenda, regular meeting, second session
Meeting
August 12, 2025
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Highland City Council
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202
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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.

1987

CITY OF HIGHLAND

CITY COUNCIL AGENDA
Regular Meeting
August 12, 2025 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
Gregory Hogan, Councilmember
District 1
Jimmy Saldana, 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. 864- 6861 www. citvofhighland
1 City Council Regular Meeting Agenda August 12, 2025
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
AUGUST 12, 2025 - 6: 00 p. m.

AGENDA

CALL TO ORDER

INVOCATION

PLEDGE OF ALLEGIANCE

ROLL CALL

REPORT FROM CLOSED SESSION

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, please submit your comments by 4: 00 p.m. on August 12, 2025, to the City Clerk at publiccomment( a-)_cityofhighland. orq. If you are submitting a public comment pertaining to an item on the agenda, please identify the agenda item number in the subject line. Emailed comments will be distributed to the City Council and retained as part of the public record; however, submissions will not be read out loud during the meeting.

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.

2. Minutes - July 8, 2025 Regular City Council Meeting
RECOMMENDATION: Approve the Minutes as submitted.

3. Warrant Register
RECOMMENDATION: Approve Warrant Register No. 780 for August 12, 2025, in the amount of $ 4, 323, 858. 20 and Payroll of $ 332, 131. 23.

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2 City Council Regular Meeting Agenda August 12, 2025

4. Treasurer's Report for June 2025
RECOMMENDATION: That the City Council receive and file the Treasurer' s Report for June 2025.

5. Claim Consideration - Amado Calva Badillo
RECOMMENDATION: George Hills Company recommends the City Council reject the claim.

6. Resolution No. 2025- 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. 2025- continuing to extend the Proclamation of a Local Emergency in the City of Highland as a result of the Line Fire.

7. Second Readina of Ordinance No. 473 Municipal Code Amendment to Chapter 12. 06. An Ordinance Amendina Section 12. 06 Pertaining to Campinq and Storing Personal Property on Public Property
RECOMMENDATION: That the City Council conduct a second reading, read by title only, and waive further reading of Ordinance No. 473 amending section 12. 06 ( Public Parks and Properties) of the Highland Municipal Code pertaining to camping and storing personal property on public property and Making a Finding of Exemption Under CEQA.

8. Declare One ( 1) Seat Vacant on the Community Trails Committee RECOMMENDATION: That the City Council1 ) Declare one ( 1) seat vacant on the Community Trails Committee; and 2) Direct the City Clerk to advertise the vacancies on the Community Trails Committee.

9. Agaroval of Aareement with Flock Group, Inc. for the Purchase and Installation of Automated License Plate Recognition ( ALPR) Cameras at Designated Locations Throughout the City
RECOMMENDATION: That the City Council:
1) Approve and authorize the Mayor to execute an agreement with Flock Group, Inc.

Flock Safety) for the phased purchase and installation of ALPR ( Automated License Plate Recognition) cameras once the agreement is approved by the City Attorney; and
2) Approve Resolution No. 2025- authorizing the City Manager to dispense with competitive solicitation requirements for the purchase and installation of automated license plate recognition cameras.

10. Desian Award for Elder Gulch Storm Drain Project ( Project No. sdr19001 RECOMMENDATION: That the City Council:
1) Approve the proposal from Engineering Resources of Southern California ( ERSC) to provide design services for the Elder Gulch Storm Drain Project in the amount of $ 155, 765; and
2) Authorize the City Manager to approve contract amendments up to 10% of the contract amount.

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3 City Council Regular Meeting Agenda August 12, 2025

11. Notice of Completion for Bid No. 2024- 03 " Highland Regional Connector Project" ( Proiect No. str22002)
RECOMMENDATION: That the City Council:
1) Accept Bid No. 2024- 03, " Highland Regional Connector Project" ( Project No. str22002) as complete;
2) Authorize the Mayor to sign the Notice of Completion; and 3) Direct the City Clerk to file the Notice of Completion.

12. Notice of Completion for Bid No. 2022- 02 " 3rd Street/ 5th Street Corridor Improvement Proiect" ( Proiect No. str18001)
RECOMMENDATION: That the City Council:
1) Accept Bid No. 2022- 02, " 3rd Street/ 5th Street Corridor Improvement Project" Project No. str18001) as complete;
2) Authorize the Mayor to sign the Notice of Completion; and 3) Direct the City Clerk to file the Notice of Completion.

13. Measure 15-Year Capital Improvement Plan ( 2025/2026-2029/ 2030) RECOMMENDATION: That the City Council:
1) Approve the Measure I Capital Improvement Plan Expenditure Strategy 2025/ 2026- 2029/ 2030); and
2) Approve Resolution No. 2025- adopting the Measure 15-Year Capital Improvement Plan ( 2025/ 2026- 2029/ 2030).

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.

14. Municipal Code Amendment ( MCA 25- 002) to Consider Amending Chapter 16. 76 Floodplain Management of the Highland Municipal Code with Federal Emergency Management Agency ( FEMA) Requirements
RECOMMENDATION: The Planning Commission recommends that the City Council open the public hearing, take testimony, and conduct a first reading and introduce Ordinance No. entitled: An ordinance of the City Council of the City of Highland, California, amending the city' s municipal code Title 16 Land Use and Development, Chapter 16. 76 Floodplain Management and make a finding of exemption pursuant to the California Environmental Quality Act Section 15061 ( B)( 3) ( Municipal Code Amendment MCA 25- 002).

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4 City Council Regular Meeting Agenda August 12, 2025

15. An Application by East Highland Land LLC for the Development of an 113- unit Single - Family Planned Residential Community Requiring a General Plan Amendment (GPA 24- 002) and Zone Change (ZC 24-002) from Low Density/Single- Family Residential ( LD/ R1- 10 000) to Planned Development ( PD): Conditional Use Permit ( CUP 24- 006) for the Adoption of a Planned Development; Design Review Application ( DRA 24- 009) for a Related Site Plan Building Elevations Conceptual Landscaping and Grading Plan; Tentative Tract Map No. 20721 ( TTM 24-003) for the Subdivision of Two Parcels into 113 Residential Lots and Common Areas; and Adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (ENV 24-003) RECOMMENDATION: The Planning Commission recommends the City Council:
1) Adopt Resolution No. 2025- to approve a Mitigated Negative Declaration and adopt a Mitigation Monitoring and Reporting Program ( ENV 24- 003) and direct staff to file a Notice of Determination with the San Bernardino County Clerk of the Board of Supervisors;
2) Adopt Resolution No. 2025- to approve a General Plan Amendment ( GPA 24- 002) to change the land use designation of the site from Low Density Residential LD) to Planned Development ( PD);
3) Introduce an Ordinance to approve a Zone Change ( ZC 24- 002) to change the zoning designation of the site from Single -Family Residential ( R1- 10, 000) to Planned Development ( PD); and
4) Adopt Resolution No. 2025- to approve a Conditional Use Permit ( CUP 24- 006), Design Review Application ( DRA 24- 009), and Tentative Tract Map No. 20721 ( TTM- 24-003) for a Residential Planned Development consisting of a 113- unit single-family development, design plans and subdivision of 11. 98 acres subject to the Design Directives, Conditions of Approval and Findings of Fact.

CITY COUNCIL LEGISLATIVE

16. Special Event Permit Application ( SEP 25- 004) by the Highland Area Chamber of Commerce for the " Discover Highland 5K and 1 OK Community Run" and Request for Cosponsorship RECOMMENDATION: That the City Council:
1) Approve Special Event Permit SEP 25- 004 subject to the conditions of approval; 2) Authorize the use of the City logo for promotional items; and 3) Consider a request by the Highland Area Chamber of Commerce for cosponsorship and waiving of Police fees and Public Works traffic control fees in the amount of approximately $ 9, 558. 56.

17. Discussion of General Sales Tax Increase Measure
RECOMMENDATION: The Public Safety Subcommittee recommends that the City Council discuss the consideration of a 1 % local transactions and use tax ( sales tax) and authorize staff to conduct additional research, community outreach, and polling related to the potential measure. Staff would return to the City Council at a future date for consideration of placing the measure on a future general election ballot.

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

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

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CLOSED SESSION

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Government Code Section 54956.9( d)( 2) and/or (d)( 3)
Significant exposure to litigation: One case.

ANNOUNCEMENTS

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 2025 are as follows: September 9, October 14, November 12, December 9.

I, Alondra Munoz, City Clerk, certify I caused to be posted this Agenda on or before August 7, 2025, by 5: 30 p. m., on our website at www. citvofhighland. org and in the following designated areas: Highland Branch Library ( 7863 Central Avenue), Fire Station No. 1 ( 26974 Base Line), and City Hall ( 27215 Base Line).

Date: August 7, 2025
Alondr Munoz, CMC
City Clerk

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6 STAFF REPORT

TO THE CITY COUNCIL
DATE: August 12, 2025
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
Continued
Motion
Ayes
Noes
Tabled Abstain
Absent
City Clerk
Second Agenda Item No.

File No.

City Manager
1 STAFF REPORT

TO THE CITY COUNCIL
DATE: August 12, 2025
FROM: Carlos Zamano, City Manager
PREPARED BY: Alondra Munoz, City Clerk
SUBJECT: Minutes - July 8, 2025 Regular Meeting
RECOMMENDATION: Approve the Minutes as submitted.

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

File No.

Ci nager
1 City Council Regular Meeting Minutes July 8, 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 Mayor Pro Tern McCallon and the Pledge of Allegiance was led by Councilmember Saldana.

ROLL CALL

Present: Hogan, Lilburn, McCallon, Saldana, Timmer

Absent: None

REPORT FROM CLOSED SESSION
None

SPECIAL PRESENTATIONS
Lynn Valbuena, Chairwoman of the Yuhaaviatam of San Manuel Nation recognized Chief Mike Smith for his 25 years of service at the Yuhaaviatam San Manuel Nation Fire Department and for receiving the California Emergency Medical Services Authority EMSA) Award. Mayor Lilburn presented a certificate of recognition to Chief Mike Smith.

Mayor Lilburn presented a certificate of recognition to Broderick Robinson and Charlie Cuellar, Deputies from the San Bernardino County Sheriff' s Department for their dedication and service to the City of Highland.

Battalion Chief Kirkhart from Cal Fire and Detective Jacob Hernandez from the San Bernardino County Sheriff' s Department gave a brief update on the Line Fire.

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

Fred Yauger spoke in support of the enforcement of fireworks violations.

Yisvy Ramirez representing the San Bernardino Airport Communities spoke regarding concerns with the city' s budget and the recent Immigration Customs Enforcement ( ICE) raids impacting minority communities.

Yesenia Ramirez representing the San Bernardino Airport Communities spoke regarding concerns with the city' s budget and the recent Immigration Customs Enforcement ( ICE) raids impacting minority communities.

Jonas representing the San Bernardino Airport Communities spoke regarding concerns with the city' s budget and the recent Immigration Customs Enforcement ( ICE) raids impacting minority communities.

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2 City Council Regular Meeting Minutes July 8, 2025
Pascual Garcia ( Spanish speaker) representing the San Bernardino Airport Communities spoke regarding concerns with the city' s budget and the recent Immigration Customs Enforcement ( ICE) raids impacting minority communities.

Heever Rocha spoke regarding concerns with warehouse developments and Immigration Customs Enforcement ( ICE) raids impacting minority communities.

Lizette Torres representing the Warehouse Worker Resource Center supporting the San Bernardino Airport Communities spoke regarding concerns with the city' s budget and the recent Immigration Customs Enforcement ( ICE) raids impacting minority communities.

Mili Sanchez ( Spanish speaker) representing the San Bernardino Airport Communities spoke regarding concerns with the city' s budget and the recent Immigration Customs Enforcement ( ICE) raids impacting minority communities.

Rosario Quiroz (Spanish speaker) representing the San Bernardino Airport Communities spoke regarding concerns with the Immigration Customs Enforcement ( ICE) raids impacting minority communities.

Jose Solorzano ( Spanish speaker) representing the San Bernardino Airport Communities spoke regarding concerns with Immigration Customs Enforcement ( ICE) raids impacting minority communities and warehouse developments.

Maby Acosta ( Spanish speaker) representing the San Bernardino Airport Communities spoke regarding concerns with Immigration Customs Enforcement ( ICE) raids impacting minority communities and warehouse developments.

Alberto Hernandez ( Spanish speaker) spoke regarding concerns with the warehouse developments, tractor trailers polluting the community and Immigration Customs Enforcement ( ICE) raids.

Anthony representing the San Bernardino Airport Communities spoke regarding concerns with the Immigration Customs Enforcement (ICE) raids impacting minority communities.

Dakota Westlake representing the San Bernardino Airport Communities spoke regarding concerns with the Immigration Customs Enforcement ( ICE) raids impacting minority communities and shifting City Council meetings to remote meetings.

City Clerk Munoz stated a public comment was received via email from Claudia regarding noise pollution from the San Bernardino Airport. A copy was distributed to all members on the dais.

Tania Gonzalez representing the San Bernardino Airport Communities spoke regarding concerns with the Immigration Customs Enforcement ( ICE) raids impacting minority communities and the development in the surrounding areas.

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CITY COUNCIL CONSENT CALENDAR
A MOTION was made by Mayor Pro Tem McCallon, seconded by Councilmember Saldana, to approve the consent calendar as submitted with the exception of pulling Item No. 12 for discussion. Motion carried on a roll call vote, 5- 0.

City Attorney Marroquin stated Item No. 12 pertains to iWorQ Systems, Inc. Service Agreement. Staff requested revisions be made to the agreement allowing the city to terminate the agreement for cause or in the event of a default or breach by iWorQ Systems, Inc. This language was added to the draft agreement and distributed to members at the dais. Staff is seeking approval from the City Council for the Mayor to sign the revised agreement.

A MOTION was made by Councilmember Timmer, seconded by Councilmember Saldana, to approve Item No. 12. Motion carried on a roll calivote, 5- 0.

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

2. Minutes - June 10 2025 Regular City Council Meeting
Approved the Minutes as submitted.

3. Minutes - June 24 2025 Regular Adjourned City Council Meeting Approved the Minutes as submitted.

4. Warrant Register
Approved Warrant Register No. 779 for July 8, 2025, in the amount of $2, 384,526. 70 and Payroll of $229, 747. 96.

5. Treasurer' s Report for May 2025
Received and filed the Treasurer' s Report for May 2025.

6. Records Destruction Authorization
Approved the destruction of certain records.

7. Ordinance No 472 Establishing a Fee and Service Charge Revenue/ Cost Comparison System and Resolution No 2025- 033 Establishing a Schedule for Fees and Charges for City Services
Adopted Ordinance No. 472, read by title only, and waived further reading.

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ORDINANCE NO. 472

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA, AMENDING CHAPTER 2. 36 (" FEES AND SERVICE CHARGES") OF

THE HIGHLAND MUNICIPAL CODE TO PROVIDE ADDITIONAL CATEGORIES OF

FEES AND CHARGES, AND TO UPDATE AND AMEND OTHER PROVISIONS AS

APPROPRIATE
Adopted Resolution No. 2025- 033 establishing a schedule for fees and charges for city services.

RESOLUTION NO. 2025- 033

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

CALIFORNIA, ESTABLISHING A REVISED SCHEDULE OF FEES AND CHARGES

FOR CITY SERVICES

8. Adopt Resolution No 2025- 034 Ordering the Sale of One ( 1) Surplus Fire Department Vehicle
Adopted Resolution No. 2025- 034 ordering the sale of one ( 1) surplus Fire Department vehicle.

RESOLUTION NO. 2025-034

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

CALIFORNIA, ORDERING THE SALE OF AN EXCESS CITY FIRE DEPARTMENT

VEHICLE

9. Contract Renewal - 2023- 04 " City of Highland Landscape Maintenance Districts ( LMD) Maintenance Contract"
1) Extended the Landscape Maintenance Districts ( LMD) Maintenance Contract with RP Landscape & Irrigation, Inc. for one year; and
2) Approved a 3. 2% increase to the contract.

10. Contract Renewal - 2020- 01 " Facilities and Parks Landscape Maintenance" Extended the Facilities and Parks Landscape Maintenance Agreement with RP Landscape & Irrigation, Inc. for one year.

11. Proposed Revision to the Code Enforcement Officer Service Rates Associated with the Willdan Engineering Agreement ( Addendum No. 5)
Approved the revised Willdan Agreement for specific service rates related to Code Enforcement Officer Services and direct the Mayor to execute the Contract - Addendum No. 5.

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12. iWorQ Systems Inc Service Agreement Amendment and Three ( 3) Year Extension for Web -based Permitting Applications and Services ( Building & Safety, Fire Marshal, Planning Code Enforcement Public Works and Yard Sales/ RV Parking) Authorized the Mayor to approve iWorQ Systems, Inc. Service Agreement revisions allowing the city to terminate the agreement for cause or in the event of a default or breach by iWorQ Systems, Inc. with the City Attorney' s approval.

13. Authorization and Agreements for the Replacement of the Fuel Dispensing System at the Highland Police Station per Adopted 2025/2026 Work Program 1) Waived formal contract procedures per Municipal Code Section 2. 40. 100 for which the city' s best interest are served;
2) Approved the proposal from Western Pump in the amount of $61, 346. 72 to provide and install two new GASBOY ASTRA Electronic Fuel Dispensers, GASBOY EKOS Pedestal, and Operating Software through the city' s Sourcewell cooperative purchasing program contract # 092920- GVR; and
3) Authorized the City Manager to sign purchase agreements with Western Pump to install the city' s new Fuel Management System at the Highland Police Station.

14. Bid Award - 2025- 04 " City of Highland Streetlight Maintenance Contract" Awarded the bid for Bid No. 2025- 04, " City of Highland Streetlight Maintenance Contract" to the lowest responsive bidder Yunex, LLC in the amount of $358, 717. 40 to maintain city owned streetlights.

15. Sheriff's Department Contract for Work Release Program Authorized the City Manager to sign the Sheriff' s Department Contract for the Work Release Program.

16. Environmental Services Task Order Amendment for the Victoria Avenue Drainage and Street Improvement Project ( Project No. str17002)
1) Approved the amendment to the existing task order from Tom Dodson & Associates to provide environmental services in the amount of $ 169, 015; and 2) Authorized the City Manager to approve contract amendments up to 10% of the revised contract amount of $ 246, 515.

17. Resolution No. 2025- 035 Establishing Employee Salaries 1) Adopted Resolution No. 2025- 035 establishing employee salaries; 2) Approved a budget adjustment in the amount of $225, 735, transferring funds from Account 001- 2516 ( General Fund - Technology Enhancements) to Account 042- 9510- 3010 ( Building Services - Salaries) to support the cost of temporary personnel; and
3) Approved the attached job descriptions for the temporary accountant and intern positions.

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6 City Council Regular Meeting Minutes July 8, 2025
RESOLUTION NO. 2025- 035

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

CALIFORNIA, ESTABLISHING EMPLOYEE SALARIES

18. Resolution No 2025-036 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. 2025- 036 continuing to extend the Proclamation of a Local Emergency in the City of Highland as a result of the Line Fire.

RESOLUTION NO. 2025- 036

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

CITY COUNCIL PUBLIC HEARING

19. Consideration of a Resolution to Adjust the Business Tax on the Extraction and/ or Processing of Rock Sand and Gravel ( Aggregate) Pursuant to Title 5 ( Business Licenses and Regulations) Chapter 5. 17 ( Business License Tax on Extraction and/ or Processing of Rock Sand and Gravel [ Aggregately Section 5. 17040 ( Rock, Sand and Gravel Aggregate] Extraction and Processing Tax)
Mayor Lilburn opened the public hearing.

Director of Administrative Services Nava -Cruz stated this item is a resolution regarding the annual city mining tax. The Consumer Price Index ( CPI) adjustment from May 2024 to May 2025 is 2. 62%. Staff recommends City Council approve a corresponding increase of 2. 62% to the mining tax. In accordance with government code requirements, staff published the notice twice in a general circulation newspaper and notified the two mining operators, CEMEX and Robertson' s Ready Mix. If approved by City Council tonight, the adjustment will retroactively be effective July 1, 2025.

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 Mayor Pro Tern McCallon, seconded by Councilmember Timmer to adopt Resolution No. 2025- 037 fixing the Highland Business License Tax on the extraction and/ or processing of rock, sand, and gravel ( aggregate) for Fiscal Year 2025/ 2026. Motion carried, 5- 0.

RESOLUTION NO. 2025- 037

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

CALIFORNIA, FIXING THE HIGHLAND BUSINESS LICENSE TAX ON THE

EXTRACTION AND/ OR PROCESSING OF ROCK SAND AND GRAVEL
AGGREGATE) FOR FISCAL YEAR 2025- 2026

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7 City Council Regular Meeting Minutes July 8, 2025

20. Ordinance Amending Chapter 12. 06 of the Highland Municipal Code ( Public Parks and Properties) Pertaining to Camping and Storing Personal Property on Public Property Mayor Lilburn opened the public hearing.

Senior Code Compliance Officer Owens stated on June 28, 2024 the United States Supreme Court issued a ruling in the case of City of Grants Pass v. Johnson, clarifying local government ordinances with civil and criminal penalties for camping on public land do not constitute cruel and unusual punishment of homeless individuals. In response to this ruling, California Governor Gavin Newsom signed an executive order on July 25, 2024, encouraging all local jurisdictions to promptly address homeless encampments.

The Governor' s office released a model no camping ordinance and suggested language to assist local agencies in updating their ordinances. Following this executive order, city staff and the city attorney collaborated to prepare amendments to the Highland Municipal Code Chapter 12. 06. These amendments aim to strengthen regulations governing the use of public spaces, promote public health, and enhance code enforcement and law enforcement' s ability to manage homeless encampments effectively.

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.

Mayor Lilburn asked if city staff is prepared to implement and enforce this new ordinance? Senior Code Compliance Officer Owens confirmed the Highland Sheriffs Department is aware of the revised ordinance.

Mayor Lilburn inquired why city staff delayed enforcing the ordinance if the Governor of California announced this executive order on July 25, 2024? Senior Code Compliance Officer Owens stated staff was awaiting a decision from the U. S. Supreme Court, after that, we continued to wait for response from the State of California to give us direction and how we could proceed with this. A key issue was whether housing should be included as part of the enforcement measures. The Supreme Court' s ruling established a definition applicable across all states. Once staff received direction from the Governor's Office of California, a review of the city' s current municipal code was conducted. Based on the guidance provided, staff proceeded to develop an ordinance that will enhance our enforcement capabilities and provide us with additional tools to address the issue.

A MOTION was made by Councilmember Timmer, seconded by Councilmember Saldana to:
1) Introduce and conduct first reading of City Council Ordinance No. 473 amending Chapter 12. 06 of the Highland Municipal Code ( Public Parks and Properties) pertaining to camping and storing personal property on public property; and 2) Direct staff to file a Notice of Exemption with the County Clerk of the Board of Supervisors. Motion carried, 5- 0.

City Clerk Munoz introduced Ordinance No. 473.

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8 City Council Regular Meeting Minutes July 8, 2025
ORDINANCE NO. 473

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA, AMENDING CHAPTER 12. 06 OF THE HIGHLAND MUNICIPAL CODE

PERTAINING TO CAMPING AND STORING PERSONAL PROPERTY ON PUBLIC

PROPERTY AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Which title was read.

CITY COUNCIL LEGISLATIVE

21. Appoint Two ( 2) Members of the Public to the Planning Commission/ Appeals Board and Building Appeals Board
City Clerk Munoz gave a brief review of the staff report Candidate Richard Bowman introduced himself to the City Council for the Planning Commission nomination.

Candidate Robert Dashoff introduced himself to the City Council for the Planning Commission nomination.

Candidate Randall Hamerly introduced himself to the City Council for the Planning Commission nomination.

Candidate Adeeb Hattar introduced himself to the City Council for the Planning Commission nomination.

Candidate Brent Merideth introduced himself to the City Council for the Planning Commission nomination.

City Clerk Munoz opened the floor for nominations.

Councilmember Timmer nominated incumbent applicant, Randall Hamerly and applicant Brent Merideth.

Councilmember Saldana nominated applicant, Robert Dashoff.

Hearing no other nominations, City Clerk Munoz closed the floor for nominations.

City Council unanimously reappointed Randall Hamerly and appointed Brent Merideth.

22. Designation of Voting Delegate and Alternate for the League of California Cities ( Cal Cities) Annual Conference
City Manager Zamano gave a brief review of the staff report.

City Council unanimously appointed Mayor Lilburn as the Voting Delegate and Councilmember Hogan as the Alternate for the League of California Cities Annual Conference scheduled for October 8- 10, in Long Beach.

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9 City Council Regular Meeting Minutes July 8, 2025

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 June received 3, 183 calls for service, made 305 reports, 135 arrests, issued 53 citations, conducted 155 traffic enforcement stops, responded to 53 traffic collisions, 23 transient calls, and 13 towed vehicles.

The Highland Fire Department for the month of June received 609 calls for service, some of which included: 472 medical aids, 24 traffic collisions, 6 structure fires, 12 vegetation fires, 15 other fires, 4 vehicle fires and 22 public service assistances.

On July 4, 2025 the City of Highland held its annual Fourth of July parade. Thank you, Public Services Manager Morgan, Volunteer Coordinator Moreno, and all city staff members for organizing a successful event. The parade featured 34 participants and was well attended. In the evening, staff conducted a pilot program to enforce illegal fireworks regulations. This initiative involved collaboration amongst myself, Director of Administrative Services Nava -Cruz, Community Development Director Mainez, Public Works Director/ City Engineer Duran Jr., and the city's Code Enforcement Department Officers, Owens, Chambers, Ramirez, and Wilson. The team patrolled the entire city in four separate vehicles in pairs between 6: 00 p. m. and 11: 00 p. m., focusing on identifying properties engaged in illegal fireworks activities. During the patrols, staff observed and documented illegal fireworks activity at approximately 60 residential properties. The Code Enforcement Department is currently reviewing the collected evidence and plans to issue 2, 000 citations to the respective property owners within the coming weeks. Additionally, citations were issued by the Highland Sheriff' s Department and Fire Department. The city received its first payment of $2, 000 yesterday from an individual cited for illegal fireworks activity on Base Line.

The American Society for Public Administrators - Inland Empire Chapter has selected Director of Administrative Services Nava -Cruz as the recipient of the 2025 Outstanding Rising Administrator Award. Congratulations on this well -deserved recognition of exceptional contributions to public service.

The Administrative Services/ Finance Department for the month of June issued 58 business licenses, renewed 347 business licenses, issued 57 dog licenses, 60 yard sale permits, and 221 account payable checks.

Human Resources announced Gerald Peck, Maintenance Worker II, was promoted to the position of Senior Maintenance Worker following a recruitment process that considered applicants for either Maintenance Superintendent or Senior Maintenance Worker, depending on their qualifications. After a period of seven months, the position of Assistant Public Works Director in the Engineering Department has been filled, with the new hire beginning employment on August 7, 2025. Jack Avon Maintenance Worker I announced his intention to retire on September 30, 2025. We sincerely appreciate his 16 years of dedicated service in maintaining the city' s facilities and supporting various functions within Public Works and wish him the best. A recruitment process will be initiated to fill the vacant Maintenance Worker 1/ II position.

Page 9 ends

10 City Council Regular Meeting Minutes July 8, 2025
On Friday, July 4, 2025 the City of Highland obtained approval for the Fiscal Year 2024 Emergency Management Performance Grant ( EMPG) from the San Bernardino County Office of Emergency Services. The funding will be used to acquire cameras for monitoring various flood prone locations throughout the city. The estimated total project is $ 31, 300, with the EMPG proving a matching fund of up to $ 15, 650 on a dollar -for -dollar basis. We would like to express our appreciation to Public Works Director/ City Engineer Duran Jr. for his efforts in submitting this application on behalf of the city.

The Engineering Department is pleased to announce the launch of the new electronic Encroachment Permit System, a significant advancement in modernizing city services and applicants may submit encroachment permits entirely online via the city' s digital permitting portal. The system reduces the need for in -person visits and paper applications, providing a more efficient and transparent process for projects involving work within the public right-of-way, such as sidewalk repairs, utility installations, and driveway upgrades. Paper applications will be accepted; however, the use of the electronic system is strongly encouraged. Additional information is available on the city' s Website.

The Public Works Department announced The Highland Regional Connector Project has been completed in its entirety. The contractor finalized the project on July 7, 2025 with the installation of new flashing beacons at the Streater Driver and Canyon Oak Drive intersection.

The sidewalk and bike lane project on 9th Street is making excellent progress and is on schedule for completion in early August. This project involves installing new sidewalks and bike lanes on the south side of 9th Street to close the gap between Victoria Avenue and Valaria Drive.

The 2025 Arterial Resurfacing Project is underway and is scheduled to be completed before the start of the school year in August. Paving has been completed on Sterling Avenue, from Base Line to Pacific Street, as well as 5th Street, from Tippecanoe Avenue to Marilyn Avenue near the Sterling Natural Resource Center. Striping on these streets is planned for completion this week. Next week, the contractor will begin paving on Orange Street, extending from the southern city limits near CEMEX to Greenspot Road. This will be followed by paving on Greenspot Road, from Boulder Avenue to Plunge Creek, as well as portions of 5th Street near Lankershim Street and Ward Street alley. Most of the work is expected to be completed by the end of July, with striping scheduled immediately afterward.

Monday, July 28, from 12: 00 p. m. to 5: 00 p. m., a Blood Drive will be held at the Highland Police Station.

Tuesday, August 5, from 6: 00 p. m. to 8: 00 p. m. the city will host its National Night Out event at the Highland Police Station.

Thursday, August 28, at 5: 30 p. m. the city will host its State of the City Address at the Natural Resources Center (SNRC) located at 25318 5th Street.

Saturday, August 16, from 9: 00 a. m. to 2: 00 p. m., there will be a Used Oil Filter Exchange event at AutoZone located at 27292 Base Line.

Page 10 of 12 ends

11 City Council Regular Meeting Minutes July 8, 2025
For the month of June, Burrtec completed 200 illegal dumping work orders.

The Code Enforcement Department retained a contract Code Enforcement Officer from Willdan Engineering. The initiative was expedited after receiving approval from the Public Safety Subcommittee on April 23, 2025, followed by the City Council' s adoption of the new budget on June 24, 2025, which allocated funding for the contracted position. After conducting interviews, Dixie Vargas was selected as the contract Code Enforcement Officer and commenced training last week. She will support proactive enforcement initiatives, focusing on targeted areas and cases involving illegal vendors, including enforcement activities during the weekends.

There is a new restaurant that opened July 2, located at 26001 Base Line, at the corner of Base Line and McKinley Avenue. Pats Place specializes in Louisiana cuisine. When visiting, please feel free to introduce yourself to neighbors Jacqueline Robertson and Patrick Earthly.

24. Councilmember Comments ( Agency/ Committee/ AB 1234 Reports District Updates, etc.) Mayor Pro Tem McCallon stated the Fourth of July parade was a great success and thanked Immanuel Baptist church for organizing an exceptional fireworks show.

Councilmember Hogan expressed his appreciation for participating in the Fourth of July parade and witnessing the community coming together to celebrate was a remarkable experience.

Councilmember Saldana expressed his gratitude for the ongoing infrastructure projects in the City of Highland and thanked the community for observing the Fourth of July holiday responsibly.

Mayor Lilburn announced the successful opening of the new Stator Bros. Market, expressing enthusiasm about having them in the community. She also extended her appreciation to Immanuel Baptist Church for hosting an impressive fireworks display and commended the Highland Sheriff' s Department, COP' s, and all city staff for their assistance during the Fourth of July parade.

ANNOUNCEMENTS
None

CLOSED SESSION
City Attorney Marroquin read the City Council into closed session regarding the following:

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Government Code Section 54956. 9( d)( 1)
People' s Collective for Environmental Justice v. Inland Valley Development Agency, et. al., San Bernardino County Court Case No. CIVSB2510434 ( City sued as Real Party in Interest)

Page 11 of 12 ends

12 City Council Regular Meeting Minutes July 8, 2025

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

ADJOURN
Mayor Lilburn adjourned the meeting into closed session at 7: 53 p. m. in memory of Horace Boatwright and Thomas Fogarty.

Submitted By:

Alondra Munoz
City Clerk
Approved By:

Penny Lilburn
Mayor

Page 12 of 12 ends

13 STAFF REPORT

TO THE CITY COUNCIL
DATE: August 12, 2025
FROM: Carlos Zamano, City Manager
C./
PREPARED BY: Tish Nava -Cruz, Director of Administrative Services/ City Treasurer SUBJECT: Warrant Register # 780
RECOMMENDATION: City Council to approve Warrant Register# 780; Warrants in the amount of $4, 323, 858. 20 and Payroll in the amount of $332, 131. 23.

FISCAL IMPACT: The total of Cash and Expenditures is $ 4, 655, 989. 43.

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.

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

File No
ager
1 CITY OF HIGHLAND
WARRANT REGISTER # 780
August 12, 2025
Warrants:
7/ 1/ 2025 Ck# 91807- 91850 2, 151, 378. 17
7/ 1/ 2025 Wire# 1002942754 & 1002945595 669, 054. 75
7/ 8/ 2025 Ck# 91851- 91888 332, 268. 86
7/ 11/ 2025 Payroll Wire # 1049- 1052 & Ck # 91889 85, 936. 15 7/ 15/ 2025 Ck# 91890- 91931 399, 412. 13
7/ 22/ 2025 Ck# 91932- 91982 606, 440. 67
7/ 25/2025 Payroll Wire # 1053- 1056 & Ck # 91983- 91985 79, 367. 47 Total Warrants 4, 323, 858. 20
Payroll:
7/ 11/ 2025 Direct Deposits # 15283- 15326 203, 529. 57 7/ 11/ 2025 Ck # 758- 759 899. 48
7/ 25/ 2025 Direct Deposits # 15327- 15371 127, 424. 11 7/ 25/ 2025 Ck # 760 278. 07
Total Payroll 332, 131. 23
Total Warrants & Payroll 4, 655, 989. 43
APPROVED BY:

Larry McCallon
Finance Subcommittee
John Timmer
Finance Subcommittee
Carlos Zamano
City Manager
Leticia Nava - Cruz
Director of Administrative
Services/ City Treasurer
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79 DATE:

FROM:

PREPARED BY:

SUBJECT:

RECOMMENDATION:

FISCAL IMPACT:

STAFFREPORT EPORT TO
THE CITY COUNCIL August
12, 2025 Carlos
Zamano, City Manager v
Tish
Nava -Cruz, Director of Administrative Services/City Treasurer Treasurer' s Report for June 2025 City
Council to receive and file the Treasurer' s Report for June 2025 Cash and Investments: General
Fund Special
Revenue Funds Internal
Service Funds Capital
Projects Funds Agency
Funds Housing
Authority Fund SARDA
Funds 20,
991, 763. 68 42,
369, 801.12 5,
639, 561. 05 39,
532, 684. 25 2,
759, 928. 05 3,
849, 761. 70 3,
513, 115. 42 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 inthe checking account were due to revenues received plus funds wired from LAIF and CAMP. Decreases inthe checking account were aresult of payments to vendors, payroll and funds wired to LAIF, CAMP and U.S. Bank. Increases inthe fiscal agent accounts ( US Bank) resulted from interest and bond payment receipt. Decreases resulted invendor payments and debt service payments. Increases inthe CAMP account were due to interest received.

Decreases were aresult 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'sReport Graph, Cash and Investments Graph and General Fund Reserves Graph Approved
Motion Denied
Ayes Continued
Noes Tabled
Abstain Absent
tkq
City
Clerk Second
Agenda Item No. File
No. nager
1 CITY OF HIGHLAND
Treasurer' s Report
as of June 30, 2025
CASH AND BANK ACCOUNTS:

Cash on Hand -Office Petty Cash & Change Fund Accounts
Wells Fargo Checking Account ( reconciled book balance) 1, 150. 00
17, 906, 654. 18

MATURITY PAR ORIGINAL

DESCRIPTION PERIOD YIELD VALUE COST
INVESTMENTS: LOCAL GOVERNMENT INVESTMENT POOLS
California Treasurer' s Local Agency Investment Fund ( LAIF) n/ a 4. 269% General Fund 10, 491, 511. 55
Special Revenue Funds 28, 074, 411. 00
Internal Service Funds 6, 066, 958. 00
Capital Projects Funds 27,578, 063. 00
Total City LAIF Funds 72, 210, 943. 55
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, 2025 applicable percentage of 1. 001198310 3) Market Value is $ 76, 234, 798. 37 ($ 76, 143, 554. 79 x 1. 001198310).

California Asset Management Program ( CAMP) n/ a 4. 400% General Fund
Special Revenue Funds
Internal Service Funds
Capital Projects Funds
Total CAMP Funds
INVESTMENTS: FISCAL AGENT ACCOUNTS
US Bank Corporate Trust Services ( Community Facilities Districts) Community Facilities District ( CFD) 90- 1
Administrative Expense Fund # 128262- 011
US Bank Money Market Account CUSIP # 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) 3, 932, 611. 24
3, 932, 611. 24
76, 143, 554. 79
8, 512, 514. 19
3, 967, 368. 00
3, 007, 248. 00
6, 573, 537. 00
n/ a 3. 96% 123, 847. 49
n/ a 3. 96%
n/ a 3. 96%
n/ a 3. 96%
n/ a 0. 00%
n/ a 0. 00%
n/ a 3. 96%
n/ a 3. 96%
n/ a 3. 96%
n/ a 3. 96%
n/ a 3. 96%
540, 898. 19
200, 058. 54
346, 419. 45
28, 396. 63
31, 398. 68
11, 655. 81
27, 288. 49
22, 060, 657. 19
123, 847. 49
540, 898. 19
200, 058. 54
346, 419. 45
28, 396. 63
31, 398. 68
11, 655. 81
27, 288. 49
10, 092. 89 10, 092. 89
1, 320, 056, 17
11 2

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

TOTAL INVESTMENTS US BANK ( SARDA)

TOTAL CASH AND INVESTMENTS
iCiATURITY PAR ORIGINAL

PERIOD YIELD VALUE COST
n/ a 3. 96% 4, 190. 64
n/ a 3. 96% 556. 91
n/ a 0. 00% -
n/ a 3. 96% 173, 205. 96
r
n/ a
n/ a
n/ a
n/ a
n/ a
n/ a
n/ a
n/ a
n/ a

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3. 96%

0. 00%

3. 96%

3. 96%

3. 96%
3, 96%

3. 96%

0. 00%
946. 01
670. 37
1, 010, 523. 37
15, 289. 66
17, 901. 19
128. 56
1, 130. 27
4, 190. 64
556. 91
173, 205. 96
946. 01
670. 37
1, 010, 523. 37
15, 289. 66
17, 901. 19
128. 56
1, 130. 27
1, 224, 542. 94
118, 656, 615. 27
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 month' s estimated expenditures. This report is in accordance with Government Code Section 53646.

SIGNED: SIGNED:

Carlos Zamano Leticia Nava - Cruz

CITY MANAGER DIRECTOR OF ADMINISTRATIVE

SERVICES/ CITY TREASURER
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STAFF REPORT

TO THE CITY COUNCIL
DATE: August 12, 2025
FROM: Carlos Zamano, City Manager
PREPARED BY: Alondra Munoz, City Clerk
REVIEWED BY: Jennifer Arellano, George Hills Company, Claims Adjuster SUBJECT: Claim Consideration - Amado Calva Badillo
RECOMMENDATION: George Hills Company recommends the City Council reject the claim.

BACKGROUND: The Claim was received in the City Clerk's Office on June 9, 2025. It was then sent to the City' s claim adjuster, George Hills Company, who is recommending the claim be rejected.

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

File No.

City Clerk Manager
1 GEORGE HILLS
Our minds over your matters.

July 3, 2025
Alondra Munoz
City of Highland
RE: Client:

Claim Number:

Date of Loss:

Claimant:

Dear Ms. Munoz:

City of Highland
G H CO085151
April 6, 2025
Amado Badillo
We have reviewed the above captioned claims and request that you take the action indicated below:

Please issue a standard rejection to commence the statute of limitations.

Please provide us with a copy of the notices sent.

Should you have any questions, please feel free to contact the undersigned.

Kindest Regards,
George Hills Company, Inc.

Jennifer Arellano
Claims Adjuster
Direct Dial : ( 916) 352, 7793
Email : jennifer.arellano@georgehills. com
2 June 9, 2025
Patti Schneiders
Claims Processor
Rancho Cordova Office
PO Box 278
Rancho Cordova, CA 95741
Re: Claimant( s):

Incident Date:

Dear Patti:

Amado Calva Badillo
April 6, 2025
City of
HIGHLAND (ca
Inc. 1987
Enclosed is a copy of a Claim received in person at the Office of the City Clerk on June 9, 2025, by the above referenced claimant( s). Note: Attached is a location map for reference. The incident location is outside of our city limits, it is within the City of San Bernardino, Warm Creek is owned and maintained by the San Bernardino County Flood Control District.

This item will be tentatively scheduled for the City Council regular meeting on Tuesday, June 10, 2025, pending your recommendation. All correspondence will be required from George Hills no later than June 27, 2025. Please review and advise this office on the appropriate action to be taken.

If you have any questions, please contact Leticia Nava -Cruz at (909) 864- 6861, ext. 208 or myself at ext. 226.

Sincerely,
2n"
City Clerk
cc: Carlos Zamano, City Manager
Leticia Nava -Cruz, Director of Administrative Services Maricela Marroquin, City Attorney
Mayor
Penny Lilburn
Mayor Pro Tern
Larry Mccallon Gregory Hogan Jimmy Saidana John P. Timmer 27215 Base Line • Highland, CA 92346
Tel: 909. 864. 6861 9 Fax: 909. 862. 3180 • www. cityofhighland. org City Council City Council City Council City Manager
Carlos Zamano
0 3

VICINITY MAP
Light blue shading is the City of San Bernardino. Green shading is the City of Highland, Dark blue and dark red are Flood Control District jurisdictions.
4 Do not write in this space.

For office use only:
j
Received:__ bja L J —
By: ei l eery F__ra dv
E- Mail Mail Iotn person

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

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

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

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

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

Name of Claimant Amado Calva Badillo
a. Complete Address of Claimant, including City, State and Zip Code:
7215 Seeley Court
Hiahland CA 92346
b. Phone Number
C. Date of Bi&
5 d. Driver' s License/ State Identification Card Number:

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

2. Name, telephone and address to which claimant desires notices to be sent, if other than above:
same)7215 Seeley Court Highland CA 92346

3. Occurrence or event from which the claim arises:
a. Date of occurrence 04/ 06/ 2025
b. Time of occurrence 12: 15 am
C. Place of occurrence (Exact and specific location)
7215 Seeley Court, Highland CA 92346
backyard ( INC# 5318)
d. How and under what circumstances did damage or injury occur? Specify the particular occurrence, event, act or omission you claim caused the injury or damage (use additional paper if necessary).

An arson occured in the ditch behind my property, which was overgrown with weeds, spread onto my property and resulted insignificant fire damage. x> er CSC , h" I M)
e. What particular action by the City, or its employees, caused the alleged damage or injury?
The city' s lack of attention to patrols, safety protocols, and maintenance has resulted in a concerning situation, as this is now the second fire on my property due to negligence. g e2 CL6M" pads.
6 4. A general description of the indebtedness, obligation, injury, damage or loss incurred so far as it may be known at the time of presentation of the claim. If there were no injuries, state "no injuries".

The incident resulted in the loss of my property, including tools from the shed, a fence and the hen coop for my chickens, Fortunately, there were no injuries reported. Please refer to the attached pictures for further details.

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

NIA

6. Name and address of any other person injured. -
N/ A

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

Amado Calva Badillo
7215 Seeley Ct, Highland CA 9236

8. Damages Claimed:
a. Amount claimed as of this date: $ 14,899. 77
b. Estimate amount of future costs: $ 1, 416.46
C. Total amount claimed: $ 16,316. 23
d. Basis for computation of amounts claimed. Include copies of all bills, invoices, estimates, etc..
see attached
7 9. Names and addresses of all witnesses, hospitals, doctors, etc. a. Tom Burrascano-Fire Captain Highland Fire Department b. Mario Lazaro- 7219 Seeley Ct. Hi hland CA 92346
C. Rosa Lazaro- 7219 S aley Ct. Highland CA 92346
d. Highland Police Department.
e

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

This incident represents the second fire linked to the city' s negligence or insufficient maintenance on my property. Thankfully, there have been no reported injuries so far. Nevertheless, this minor claim deserves thorough attention, as the event was not only distressing but also highlights the roent need for the city ro rectify its deficiencies It is crucial to implement proactive measures to avert more serious repercussions, including the potential loss of life, resulting from city's oversight WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM PENAL CODE S72• INSURANCE CODE S556. 1.
have read the matters and statements made in the above claim and I know the same to be true of my own knowledge, except as to those matters stated upon information or belief as to such matters I believe the same to be true. 1 certify under penalty of perjury that the foregoing is true and correct.

Signed at: Hi CA
City and State
Date: 20 { r _
S of Claimant
Amado Galva Badillo
Printed name of person signing above
8 D. Continued
The recent incident of arson that occurred in the ditch located behind my property has resulted in significant damage. This particular ditch, overgrown with an abundance of weeds, served as a natural barrier between my land and the surrounding area. Unfortunately, the fire quickly spread from the ditch onto my property, leading to extensive destruction. The flames not only consumed valuable vegetation but also posed a serious threat to the structural integrity of my buildings. The aftermath of this event has left me grappling with a considerable financial loss, as the damage to my property is both extensive and costly to repair. It is crucial to address the underlying issues that allowed this fire to escalate, as well as to seek accountability for the actions that led to this devastating situation.

E. Continued
Despite my attempts to engage with city officials about the urgent need for weed removal and overall upkeep, these problems continue to go unaddressed. Additionally, I have contacted the non -emergency police line about homeless individuals living in the nearby ditch, which has further complicated the situation. With more proactive measures, this predicament could have been prevented.
9 Highland Fire DepartmentlCAL FIRE
Toth Burfascano
Fire Captain
Fire Station # 541
26974 Baseline St_
Highland CA 92346
951- 741- 4739
thomas. burrascano@fire. ca. gov
www. calfire. ca. gov
10 Jo
www.cityofhighland. org
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LEARN MARE AT L" ES. CQIUMYLOVESREVARDS
LOVE' S NONE CENTERS. LLC
21647 OREENSPOT ROAD
HIOHLAIID. CA 92346 1909) 557- 9010
SALE —
SALES . WOW 5115693 TAANSA: 437895124 05- 16- 25

2.1661, TEKS A8 X 3I4111 SH PT LA 12. 78
WTOIAL:

12. 70

TOTAL TAX'

0. 99

13. 77
INUDICE 92455 TOTAL! 13. 71
IlE81THC: 0. 00
CHAHRE:

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61 DATE:

FROM:

REVIEWED BY:

PREPARED BY

STAFF REPORT

TO THE CITY COUNCIL
August 12, 2025
Carlos Zamano, City Manager
Maricela Marroquin, City Attorney
Carlos Zamano, City Manager
Maricela Marroquin, City Attorney
SUBJECT: Resolution No. 2025- XX, 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. 2025- 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.

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: Chapter 2. 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
Denied Ayes
Continued Noes
Tabled Abstain
4sent
City Clerk
Second Agenda Item No.

File No.

Manager
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 actober-8, 2024, the City Council adopted a resolution to extend the emergency proclamation of the Line Fire ( Attachment 3). On November 12, 2024, the City Council adopted a 2nd extension resolution of the emergency proclamation of the Line Fire (Attachment 3). On December 10, 2024, the City Council adopted a 3rd extension resolution of the emergency proclamation of the Line Fire ( Attachment 3). On January 28, 2025, the City Council adopted a 4th extension resolution of the emergency proclamation of the Line Fire ( Attachment 3). On March 27, 2025, the City Council adopted a 5th extension resolution of the emergency proclamation of the Line Fire (Attachment 3). On May 13, 2025, the City Council adopted a 6th extension resolution of the emergency proclamation of the Line Fire ( Attachment 3). On July 8, 2025, the City Council adopted a 7th extension resolution of 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. On July 2, 2025, we were notified that the San Bernardino County Director of Public Works intends to terminate the Line Fire local emergency in September of 2025 once they are done with all their emergency related work. Staff is requesting that the Council adopt a proposed resolution, Resolution No. 2025- XX to continue to extend the local emergency ( Attachment 4).

The Line Fire burned 43, 978 acres in San Bernardino County. 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) Resolutions Extending Proclamation of Local Emergency on October 8, 2024, November 12, 2024, December 10, 2024, January 28, 2025, March 27, 2025, May 13, 2025 and July 8, 2025, respectively 4) Proposed 8th Resolution Extending Proclamation of Local Emergency 2 RESOLUTION NO. 2025-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, on November 12, 2024, the City Council adopted Resolution 2024- 51 to further extend the proclamation of a local emergency.

WHEREAS, on December 10, 2024, the City Council adopted Resolution 2024-55 to further extend the proclamation of a local emergency.

WHEREAS, on January 28, 2025, the City Council adopted Resolution 2025- 01 to further extend the proclamation of a local emergency.

WHEREAS, on March 27, 2025, the City Council adopted Resolution 2025-08 to further extend the proclamation of a local emergency.

WHEREAS, on May 13, 2025, the City Council adopted Resolution 2025- 09 to further extend the proclamation of a local emergency.

WHEREAS, on July 8, 2025, the City Council adopted Resolution 2025- 36 to further extend the proclamation of a local emergency.
3 WHEREAS, the Line Fire burned 43,978 acres in San Bernardino County. 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.

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 August 2025.

Penny Lilburn
Mayor
ATTEST:

Alondra Munoz
City Clerk
4 5

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
6 ATTAC H M E NT 2
7 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

8 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. 011L dw,
Penny Lilbur /
Mayor .

ATTEST:

Alondra 4unoz = ?
City Clerk
JL .. I-/ _
1

Page 2 of 2 ends

9 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF HIGHLAND )
I, ALONDRA MUNOZ, City Clerk of the 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
ABSENT: None
Dated this 12th day of September, 2024.

ALONDRA MU

CITY CLERK
10 ATTACHMENT 3
11 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

12 IT IS FURTHER PROCLAIMED AND OR that the local emergency shall be deemed tc 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 Munoz
City Clerk

Page 2 of 2 ends

13 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF HIGHLAND
I, 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.

ALON A MU

CITY ERK
14 RESOLUTION NO. 2024- 051

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 proclarnation 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.

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

15 IT IS FURTHER PROCLAIMED AND ORDERED that the local emergency shall be deerned 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.

ATTEST:

Alondra'punoz
City Clerk

Page 2 of 2 ends

16 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF HIGHLAND )
I, ALONDRA MUNOZ, City Clerk of the City of Highland, California, do hereby certify Resolution No. 2024- 051 was duly and regularly adopted by the City Council of the City of Highland, California, at a regular meeting thereof held on the 12th day of November, 2024, by the following vote:

AYES: Chavez -Cordova, McCallon, Solano, Timmer
NOES: None
ABSTAIN: None
ABSENT: Lilburn
Dated this 13th day of November, 2024.

ALONDRA MUnZ
CITY CLERK/ 1
17 RESOLUTION NO. 2024- 055

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, on November 12, 2024, the City Council adopted Resolution 2024- 51 to further 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.

Page 1 of 2 ends

18 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 10th day of December, 2024.

Penny Li b rn
Mayor
ATTEST:

Alondrd Munoz
City Clerk

Page 2 of 2 ends

19 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF HIGHLAND )
I, ALONDRA MUNOZ, City Clerk of the City of Highland, California, do hereby certify Resolution No, 2024- 055 was duly and regularly adopted by the City Council of the City of Highland, California, at a regular meeting thereof held on the 10th day of December, 2024, by the following vote:

AYES: Hogan, Lilburn, McCallon, Solano, Timmer
NOES: None
ABSTAIN: None
ABSENT: None
Dated this 11th day of December, 2024.

ALON RA MUNPA
CITY CLERK ( j
20 RESOLUTION NO. 2025- 001

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, on November 12, 2024, the City Council adopted Resolution 2024- 51 to further extend the proclamation of a local emergency.

WHEREAS, on December 10, 2024, the City Council adopted Resolution 2024- 55 to further extend the proclamation of a local emergency.

WHEREAS, the Line Fire burned 43, 978 acres in San Bernardino County. 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.

Page 1 of 2 ends

21 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.

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 28th day of January, 2025.

Penny Lilburn
Mayor
ATTEST:

Alondra YAuhoz
City Cle

Page 2 of 2 ends

22 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. 2025- 001 was duly and regularly adopted by the City Council of the City of Highland, California, at a special meeting thereof held on the 28th day of January, 2025, by the following vote:

AYES: Hogan, Lilburn, McCallon
NOES: None
ABSTAIN: None
ABSENT: Timmer
VACANCY: District 2 Seat
Dated this 29th day of January, 2025.

ALONq`RA MU

CITY CLERK
23 RESOLUTION NO. 2025- 008

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 (" HMG") 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, on November 12, 2024, the City Council adopted Resolution 2024- 51 to further extend the proclamation of a local emergency.

WHEREAS, on December 10, 2024, the City Council adopted Resolution 2024- 55 to further extend the proclamation of a local emergency.

WHEREAS, on January 28, 2025, the City Council adopted Resolution 2025- 01 to further extend the proclamation of a local emergency.

WHEREAS, the Line Fire burned 43, 978 acres in San Bernardino County. 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

Page 1 of 2 ends

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.

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 27th day of March 2025.

ATTEST:

Alondra Muno
City Cferk CJ

Page 2 of 2 ends

25 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF HIGHLAND )
I, ALONDRA MUNOZ, City Clerk of the City of Highland, California, do hereby certify Resolution No. 2025- 008 was duly and regularly adopted by the City Council of the City of Highland, California, at a special meeting thereof held on the 27th day of March, 2025, by the following vote:

AYES: Hogan, Lilburn, Saldana, Timmer
NOES: None
ABSTAIN: None
ABSENT: McCallon
Dated this 31 st day of March, 2025.

ALONDf2A N}UNq)Z
CITY d ERK
26 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
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, on November 12, 2024, the City Council adopted Resolution 2024- 51 to further extend the proclamation of a local emergency.

WHEREAS, on December 10, 2024, the City Council adopted Resolution 2024- 55 to further extend the proclamation of a local emergency.

WHEREAS, on January 28, 2025, the City Council adopted Resolution 2025- 01 to further extend the proclamation of a local emergency.

WHEREAS, on March 27, 2025, the City Council adopted Resolution 2025- 08 to further extend the proclamation of a local emergency.

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

Page 1 of 2 ends

27 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.

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 13th day of May, 2025.

P nny Lilbur
Mayor
ATTEST:

Alond Munoz
City lerk

Page 2 of 2 ends

28 STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO )

CITY OF HIGHLAND
I, ALONDRA MUNOZ, CIVIC, City Clerk of the City of Highland, California, do hereby certify Resolution No. 2025- 009 was duly and regularly adopted by the City Council of the City of Highland, California, at a regular meeting thereof held on the 13th day of May, 2025, by the following vote:

AYES: Hogan, Lilburn, McCallon, Saldana, Timmer
NOES: None
ABSTAIN: None
ABSENT: None
Dated this 14th day of May, 2025,

ALOND MUNO , CMC

CITY C VE RK
29 ATTACHMENT4
30 STAFF REPORT

TO THE CITY COUNCIL
DATE: August 12, 2025
FROM: Carlos Zamano, City Manager
REVIEWED BY: Lawrence A. Mainez, Community Development Director Maricela Marroquin, City Attorney
PREPARED BY: Barrie Owens, Senior Code Compliance Officer SUBJECT: Second Reading of Municipal Code Amendment Ordinance 473 to Chapter 12. 06 An ordinance amending Section 12. 06 pertaining to camping and storing personal property on public property.

LOCATION: City -Wide
RECOMMENDATION: The City Council:
1) Conduct a second reading, read by title only, and waive further reading of Ordinance No. 473 amending section

12. 06 ( Public Parks and Properties) of the Highland
Municipal Code pertaining to camping and storing
personal property on public property and Making a Finding of Exemption Under CEQA.

PREVIOUS ACTION/ BACKGROUND: On July 8, 2025, the City Council conducted a public hearing and approved the first reading of the ordinance associated with Municipal Code Amendments to address camping and storing personal property on public property.

Staff recommends that the City Council adopt Ordinance No. 473.

Attachment 1: Ordinance No. 473
Approved Motion
Denied Ayes
Noes
Continue Abstain
Absent
Clerk
1 Second
Cit apt ger
Agenda
File No.

No. 7
ATTACHMENT- 1
Ordinance No. 473
2 ORDINANCE NO. 473

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA, AMENDING CHAPTER 12. 06 OF THE HIGHLAND MUNICIPAL

CODE PERTAINING TO CAMPING AND STORING PERSONAL PROPERTY ON

PUBLIC PROPERTY AND MAKING A FINDING OF EXEMPTION UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of Highland owns and maintains a system of public parks, sidewalks and rights of way and has the legal authority to establish rules and restrictions over the use of these public spaces; and
WHEREAS, it is the City' s obligation' s to keep its public parks, sidewalks, and rights of way clean and available for public use, and to protect public health, safety, and access by City constituents.

NOW, THEREFORE, the City Council of the City of Highland does hereby ordain as follows:

Section 1. Code Amendment. Section 12. 06. 010 ( Definitions) of Chapter 12. 06 Public Parks and Properties) of Title 12 ( Streets, Sidewalks and Public Places) of the Highland Municipal Code is hereby amended to read as follows, with additions shown in underlined text and deletions shown in strikethrough text:

As used in this chapter, the following terms have the following definitions:

A " Abandoned personal roperty" means personal property that the owner abandons surrenders, relinquishes or disclaims Personal property that is not claimed during the time period set forth in this chapter is considered abandoned.

BSA. " Alcoholic beveragebever- ages" when used in this ehaptef—,means and includes alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer, and which contains one- half of one percent or more of alcohol by volume, and which is fit for beverage purposes, either alone or when diluted, mixed or combined with other substances.

C. " Automotive dwelling" means that a person' s use of a vehicle reasonably appears, in light of all the circumstances to constitute a place of residence human habitation, or accommodation based on more than one of the following activities: ( 1) Possessing camp paraphernalia that is not associated with ordinary vehicle use such as but not limited to, a sleeping bag, blanket, sheet, pillow, kitchen utensils cookware or cooking equipment on the inside of or on a vehicle; ( 2) Obscuring some or all of the vehicle' s windows; ( 3) Preparing or cooking meals inside or on a vehicle; or (4) Sleeping inside a vehicle.

D. " Bulky item" includes any item that is separately or cumulatively too large or heave to store such as a mattress or shed.

E. " Camp" means to place pitch sleep in or occupy camp facilities or to use camp paraphernalia for the purpose of temporary or permanent human habitation or domicile in camp facilities or 3 outdoors. " Camp" encompasses sleeping activities including, lying, down or sleeping with or without camping facilities.

F. " Camp facilities" mean all temporaryor semi -permanent shelters including but not limited to, tents huts sheds or structures for the purposes of sheltering one or more persons.

G. " Camp paraphernalia" means items including but not limited to, collapsible shelters, cots, air mattresses sleeping bags beds hammocks bed rolls blankets, or any similar equipment or materials for the purpose of sleeping lying or sheltering one or more persons, or open fires, barbecues portable stoves or other cooking equipment not provided or approved by the City.

H. " Personal property" means any and all personal tangible items including, but not limited to, goods materials merchandise camp paraphernalia or facilities luggage backpacks books clothing documents, and household goods.

Ili. "Public park" means any property owned and controlled by the City for general use of the public for passive and/or active recreation purposes.

JG. " Public propejjy pr-eperties" sha4l means any property owned and controlled by the City eit-y that is not a public park, aFA including but not limited to buildings, facilities, sidewalks, parking lots bike paths trails and such other publicly -owned property for which the City is authorized by contract or permit to maintain. " Public property" shall not include improved rights -of -way, streets, highways, or alleys.

K. " Soiled items" mean any hazardous toxic unsanitary, verminous or perishable items; items soiled by human waste bodily fluids or other infectious materials; or items infested by rodents or insects that would present a health or safety risk if stored.

L. " Unattended personal property" means anytangible property found on public property where no individual present in the immediate vicinity claims or asserts ownership.

M. " Vehicle" refers to non -recreational automobiles, but does not include motorized recreational vehicles nonmotorized recreational vehicles, and recreational vehicles as those terms are defined under Section 10. 28. 030 of the City Municipal Code."
Section 2. Code Amendment. Section 12. 06. 100 ( Unlawful camping) is hereby added to Chapter 12. 06 ( Public Parks and Properties) of Title 12 ( Streets, Sidewalks and Public Places) of the Highland Municipal Code to read as follows:

12. 06. 100 Unlawful camping.

It is unlawful and constitutes a public nuisance for any person to camp, sleep, lay down, or shelter; establish, maintain, occupy, operate, or use camp facilities or camp paraphernalia, including open fires or unapproved cooking equipment; or kindle an open fire, except as permitted under Section

12. 06.030 of the Highland Municipal Code on public property, or in any public park or right-ofway, street, highway, or alley." 2 4
Section 3. _ Code Amendment. Section 12. 06. 110 ( Unlawful obstruction of free passage on public property) is hereby added to Chapter 12. 06 ( Public Parks and Properties) of Title 12 ( Streets, Sidewalks and Public Places) ofthe Highland Municipal Code to read as follows:

12. 06. 110 Unlawful obstruction of free passage on public property.

A. No person or persons shall stand, sit, linger, idle, loiter, or lay down on any street, alley, highway, right- of-way, sidewalk, park, or other public property, or in or about the entrance or exit of any public building, either on foot or in an automobile or other vehicle, in such a manner as to obstruct or hinder the free passage of persons along such public way, or obstruct or hinder persons entering and exiting from any public building, or in such a manner as to create a health or safety hazard for the community or for the patrons of such public place, or in a manner that impedes passage within the meaning of the American Disabilities Act.

B. No person in violation of this section shall refuse or fail to disperse or vacate when directed by a police officer or designated City officials or any agent acting on their behalf." Section 4. Code Amendment. Section 12. 06. 120 ( Unlawful storage of personal property) is hereby added to Chapter 12. 06 ( Public Parks and Properties) of Title 12 ( Streets, Sidewalks and Public Places) of the Highland Municipal Code to read as follows:

12. 06. 120 Unlawful storage of personal property.

A. It is unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in any public park, or on any public right-of-way, street, highway, alley, or other public property.

B. The City may collect and impound any unlawfully stored personal property including, but not limited to, unattended personal property, in any public park, or on any public right- of-way, street, highway, alley, or public property.

C. Prior to removing an item, the City shall serve a written notice on the personal property owner at their last known address by personal service or certified mail, or if the person or address cannot be reasonably identified or located, post the notice prominently and conspicuously on the stored personal property. The pre -removal notice shall contain the following information:

1. A general description or reference photograph of the personal property.

2. The location where the personal property was found.

3. The date and time the notice was posted.

4. The section ofthe Highland Municipal Code that is being violated.

5. A statement that the personal property will be impounded if not removed within fortyeight (48) hours.

6. The location where the personal property will be moved to and stored if it is not removed within forty- eight ( 48) hours.

7. A statement that impounded personal property will constitute abandoned personal property, subject to disposition in a manner deemed appropriate by the Chief of Police or Community Development Director, if not claimed within thirty ( 30) days after impoundment.
5 8. A statement that the owner shall be responsible for all costs of removal, storage, and disposal ofthe personal property, unless the owner obtains an advance hardship waiver as set forth in subsection G.

9. A notice that the City may sell, donate, or otherwise dispose of the impounded personal property if not claimed within the prescribed time period.

D. The City may waive the pre -removal notice provisions set forth in subsection C in the following exigent circumstances where immediate removal without 48- hour notice is necessary:

1. The City must immediately remove or dispose, as appropriate, a soiled item, or any other item that poses a public health, welfare, and safety risk. Such unsafe items include, but are not limited to, needles, sharp tools, chemicals, moldy items, controlled substances, contraband, trash, debris, items that pose a fire or explosion risk, or other personal property that has been comingled with soiled items.

2. The City must immediately remove personal property that restricts emergency response personnel and vehicle access or otherwise obstructs free passage on public property as necessary to protect public health, safety, or welfare.

3. The City must protect the public from any other imminent threat to life, safety, health, or infrastructure.

E. The City will not store bulky items, soiled items, or any other unsafe items as set forth in subsection D.

F. Following removal of personal property, the City shall leave or post a notice for a minimum of ten ( 10) days at or as near as possible to the location where the personal property was collected, or on the City' s website if the City cannot post a notice. This notice shall include the following information:

1. A general description of the personal property that was removed;

2. The date and approximate time the personal property was removed;

3. A statement that the item was removed because it was unlawfully stored in violation of the Highland Municipal Code;

4. The address where the personal property is being stored;

5. The process by which the personal property owner may claim the item, including contact information for the storage location and hours a person may claim ownership; and

6. The date on which stored items will be disposed if not claimed within 30 days.

G. A property owner whose personal property was impounded may request an advance hardship waiver from the City Finance Department within 10 days ofthe pre -removal notice date.

The City shall stay the requirement to pay associated costs until the City Finance Department determines whether to issue the waiver. The City Finance Department may waive the payment requirement and issue the advance hardship waiver only if the person submits a sworn affidavit, along with any supporting documents or materials demonstrating the person' s financial inability to pay the full amount of the costs, to the satisfaction of the Finance Department. If the Finance Department determines not to issue the waiver, the person shall remit the deposit to the City within 10 days of the decision date or the first business day following the service of that decision, whichever is later. The City shall provide a written determination with reasons to issue or not issue the waiver, and shall make reasonable efforts to serve the decision upon the person who applied for the waiver. The owner may appeal the City Finance Department' s decision to the City 4 6
Manager by submitting a new request for a hardship waiver within 10 days from the date of service of the Finance Department' s determination; otherwise, the City Finance Department' s written determination shall be final. If the City Manager issues a written determination to deny the waiver, the person shall remit the deposit to the City within 10 days of the date or the first business days thereafter, whichever is later. The City Manager' s written determination, which shall provide the City Manager' s reasoning, shall be final upon appeal.

H. Unless the owner obtains an advance hardship waiver subject to the process set forth in subsection G, the owner of the impounded personal property shall be assessed actual moving, storage, appraisal, advertising, disposal, or other related expenses, and may repossess the personal property prior to its disposal upon submitting satisfactory proof of ownership or entitlement and payment of all such unpaid charges. Additionally, the owner of impounded personal property shall bear responsibility for the risk of any loss or damage to the impounded personal property.

I. The City shall deduct all fees, unpaid debts, pending charges, and all expenses of handling, storage, appraisal, advertising, and other incurred sale expenses from the proceeds of any sale of the impounded personal property. Any amount remaining shall be held in trust for the owner of the personal property for thirty ( 30) days after sale, after which time the proceeds shall be paid into the general fund.

J. The City shall maintain a record of the date and method of disposal of the impounded personal property, including the consideration received for the property, if any, and the name and address of the person taking possession of the personal property.

K. The City and its officers, employees, and agents shall not be liable to the owner of impounded personal property for the disposal of any personal property pursuant to this chapter.

L. The provisions of this section shall not apply to any personal property or money subject to confiscation pursuant to state or federal laws or to personal property or money that constitutes evidence in an ongoing criminal investigation or civil proceeding pursuant to state or federal law." Section 5. Code Amendment. Section 12. 06. 130 ( Unlawful Use of Vehicles for Dwelling) is hereby added to Chapter 12. 06 ( Public Parks and Properties) of Title 12 ( Streets, Sidewalks and Public Places) of the Highland Municipal Code to read as follows:

12. 06. 130 Unlawful Use of Vehicles for Dwelling.

A. It is unlawful to use a vehicle as an automotive dwelling.

B. Nothing herein precludes the enforcement of any other laws such as parking restrictions including, but not limited to, prohibitions on overnight parking pursuant to Section 12. 06. 020 and permitting requirements for recreational vehicles under Chapter 10. 28." Section 6. Code Amendment. Section 12. 06. 140 ( Enforcement) is hereby added to Chapter 12. 06 ( Public Parks and Properties) of Title 12 ( Streets, Sidewalks and Public Places) of the Highland Municipal Code to read as follows:
7 12. 06. 140 Enforcement.

A. It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. In addition to other remedies provided by law, any person violating any provision of the chapter is deemed guilty of a misdemeanor subject to Section 1. 24. 010.

B. Each person shall be deemed guilty of a separate offense for each and every day, or any portion thereof, during which any violation of or failure to comply with any of the provisions of this chapter is committed, continued or permitted by such person, and each instance shall be deemed a punishable offense as provided in this chapter.

C. Any violation of this chapter may result in the issuance of an administrative citation subject to Chapter 2. 56.

D. The provisions of this chapter shall not be construed as permitting conduct not prescribed herein and shall not affect the enforceability of any other applicable provisions of law." Section 7. Code Amendment. Section 12. 06. 150 ( Exceptions) is hereby added to Chapter 12. 06 ( Public Parks and Properties) of Title 12 ( Streets, Sidewalks and Public Places) of the Highland Municipal Code to read as follows:

12. 06. 150 Exceptions.

This chapter shall not apply to camping, occupying camp facilities or using camp paraphernalia, or to any person storing personal property, including camp paraphernalia within the City:

A. Where the City has designated the area for such purposes and the activity has been permitted as a temporary use or special event pursuant to the provisions of this Code regulating temporary special events; or
B. Where a gathering, meeting or event is sponsored or conducted by the City." Section 8. CE A.

The City Council finds that the adoption of this Ordinance is exempt from environmental review pursuant to California Environmental Quality Act (" CEQA") Guidelines Section 15061( b)( 3) as CEQA applies only to projects that have the potential for causing a significant effect on the environment, and not where, as is the case here, it can be seen with certainty that there is no possibility that the regulated activity may have a significant effect on the environment.

Section 9. Severability.

If any one or more of the terms, provisions or sections of this Ordinance shall to any extent be judged invalid, unenforceable and/ or voidable for any reason whatsoever by a court of competent jurisdiction, then each and all of the remaining terms, provisions and sections of this Ordinance shall not be affected thereby and shall be valid and enforceable.

Section 10. Publication.
8 The City Clerk is directed to publish this Ordinance as required by law prior to the expiration of fifteen ( 15) days after its passage.

PASSED, APPROVED AND ADOPTED this 8th day of July 2025.

Penny Lilburn
Mayor
ATTEST:

Alondra Munoz
City Clerk
APPROVED AS TO FORM:

Maricela Marroquin
City Attorney
9 STAFF REPORT

TO THE CITY COUNCIL
DATE: August 12, 2025
FROM: Carlos Zamano, City Manager
REVIEWED BY: Lawrence A. Mainez, Community Development Director Alondra Munoz, City Clerk PREPARED BY: Camille Duarte, Administrative Assistant III CD SUBJECT: Declare One ( 1) Seat Vacant on the Community Trails Committee
RECOMMENDATION: Staff recommends the City Council:

1. Declare one ( 1) seat vacant on the Community Trails Committee; and

2. Direct the City Clerk to advertise the vacancies on the Community Trails Committee.

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: Pursuant to Chapter 2. 32. 020 of the Highland Municipal Code, the Community Trails Committee shall consist of five members appointed by the City Council and shall serve without compensation. Each member of the committee shall serve a two- year term of office and have a demonstrated knowledge and interest in one or more of the following: equestrian activities, bicycling, hiking, nature studies, or landscape/ open space design.

Board Member Brent Merideth resigned as a result of being appointed to the Planning Commission on July 8, 2025; therefore, it would be appropriate for the City Council to declare the one ( 1) seat vacant on the Community Trails Committee and direct the City Clerk to advertise and post the vacancy.

Attachment 1: Chapter 2. 32. 020 of the Highland Municipal Code pproved Motion
enied Ayes
ontinued Noes
Wed Abstain
Absent
Second Agenda Item No.

File No.

City Clerk Manager
1 ATTACHMENT 1
Chapter 2. 32. 020 of the Highland Municipal Code
2 2. 32. 020 Community Trails Committee - Membership — Number, term and qualification
A. The committee shall consist of five members appointed by the city council and shall serve without compensation. Each member of the committee shall serve a two- year term of office, except for the initial appointment in which two members shall serve for three years and three members shall serve for two years. Initial terms of office shall be determined by lot at their organizational meeting.

B. Each member shall have a demonstrated knowledge and interest in one or more of the following: equestrian activities, bicycling, hiking, nature studies, or landscape/ open space design.

C. Except as otherwise set forth herein, the terms and conditions of membership, appointment and removal from the committee are set forth in Chapter 2. 15 HMC. ( Ord. 290 § 4, 2004; Ord. 102 § 2, 1990)
3 STAFF REPORT

TO THE CITY COUNCIL
DATE: August 12, 2025
FROM: Carlos Zamano, City Manager
L
PREPARED BY: Tish Nava -Cruz, Director of Administrative Services/City Treasurer SUBJECT: Approval of Agreement with Flock Group Inc. for the Purchase and Installation of Automated License Plate Recognition ( ALPR) Cameras at Designated Locations Throughout the City.

RECOMMENDATION: That the City Council:

1. Approve and authorize the Mayor to execute an agreement with Flock Group Inc. ( Flock Safety) for the phased purchase and installation of ALPR Automated License Plate Recognition) cameras once the agreement is approved by the City Attorney; and

2. Approve Resolution No. 2025- authorizing the City Manager to dispense with competitive solicitation requirements for the purchase and installation of automated license plate recognition cameras.

FISCAL IMPACT: $ 53, 150 ( includes one time set up and installation fee of $ 8, 550) There is sufficient funds budgeted in the 2025- 2027 Biennial Budget for this Urgent Priority Work Program item.

PUBLIC NOTICE: The agenda for this item was posted at the three required locations per Resolution 2011- 047 and on the City' s website.

BACKGROUND: The installation of ALPR cameras was included in the City Council' s adopted Work Program and 25/ 27 budget. These cameras support enhanced public safety through real- time detection of stolen vehicles, wanted persons, and vehicles associated with criminal investigations.

City staff has worked closely with representatives from the Sheriff' s Department and Public Works Department to identify strategic locations throughout the City for optimal camera placement.

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

File No.

City Clerk
1 Staff is proposing to enter into an agreement with Flock Safety for a phased deployment of ALPR cameras across the City. Due to the upfront investment required and to align with budget allocations, this project will be implemented in phases.

The initial phase includes the following equipment deployment:

Equipment Type Quantity Configuration Cost
Single ALPR Units 9 1 camera per pole $ 27, 000
Long -Range ALPR 2 2 cameras on 1 pole $ 8, 000
ALPR Bundles 4 2 bundles ( 2 cameras per pole) $ 9, 600 Total Equipment Cost for Phase 1: $ 44, 600
This early action allows for immediate mobilization by Flock Safety to secure and install camera infrastructure before any anticipated cost increases and actually allows us to purchase additional cameras in year one with the savings.

BENEFITS OF FLOCK SAFETY SYSTEM
Flock Safety's proprietary ALPR system offers a secure, cloud -based platform that allows law enforcement to. -
Capture and analyze license plate data in real- time;
Integrate with local, state, and national hotlists;
Provide vehicle fingerprinting ( color, make, model, and unique identifiers); Generate automated alerts for law enforcement in the field; Maintain audit trails for data use to ensure accountability and transparency.

The system has been proven effective in numerous jurisdictions and is actively used by agencies nationwide.

SOLE SOURCE JUSTIFICATION
Flock Safety is the sole provider of this proprietary ALPR camera system and associated software platform. A Sole Source Letter is attached, as well as a Resolution formally designating Flock Safety as a sole source provider. The proprietary nature of their technology, software, and network integration with existing law enforcement tools supports this designation.

FUTURE PHASES & KEY ITEMS
Future phases will be presented to Council based on budget availability.

The agreement that is attached is the latest version and our City Attorney is still negotiating some language related to ability to terminate the agreement and security of customer data. These revisions will not impact the basic terms ( i. e., number of cameras, location, cost).

ATTACHMENTS

1. Proposed Agreement with Flock Safety

2. Sole Source Letter from Flock Safety

3. Proposed Resolution No. 2025-

4. Map of Proposed Camera Locations

5. Work Program Item Reference
2 Attachment 1
Proposed Agreement with Flock Safety
3 Flock Safety + CA - City of Highland
Flock Group Inc.
1170 Nowell Mill Rd, Suite 210
Atlanta, GA 30318
MAIN CONTACT:

Lupe Wood
lupe. wood@tlocksafety. com
8325998244
I
frock safety
4 f ock safet,%A
Customer: CA - City of Highland
Legal Entity Name: CA - City of Highland
Accounts Payable Email:

Address: 27215 Base Line Street Highland, California
92346
Hardware and Software Products
Annual recurring amounts over subscription term

EXHIBIT A

ORDER FORM
Initial Term: 24 Months
Renewal Term: 24 Months
Payment Terns: Net 30
Billing Frequency: Annual Plan - First Year Invoiced at Signing.

Retention Period: 30 Days
Flock Safety Platform
44, 600. 00
Flock Safety Platform
Flock Safety Platform - Essentials Included 1 Included
Flock Safety Flock OS
FlockOS Starter Included 1 Included
Flock Safety Bundles
Dual Solar LPR - Standard Bundle, fka Falcon Included 2 Included Dual Solar LR Bundle Included 1 Included
Flock Safety LPR Products
Solar LPR, fka Solar Falcon Included 4 Included
Solar Long -Range LPR, fka Solar Falcon LR Included 2 Included Flock Safety LPR, fka Falcon Included 9 Included
Professional Services and One Time Purchases
One Time Fees
Flock Safety Professional Services
Professional Services - Solar Bundle Implementation
Fee
Professional Services - Solar Bundle Implementation
Fee
Professional Services - Standard Implementation Fee

0. 00 2 0. 00

0.00 1 0.00

0. 00 9 0.00
Subtotal Year 1: 44, 600. 00
Annual Recurring Subtotal: 44, 600. 00
Discounts: 8, 550. 00
Estimated Tax: 0. 00
5 Contract Total: $ 89, 200. 00
Taxes shown above are provided as an estimate. Actual taxes arc the responsibility ofthe Customer. This Agreement will automatically renew.for successive renewal terms of the greater of one year or the length set forth on the Order Form ( each, a " Renewal Term') unless either Parry gives the other Parry notice ofnon- renewal at least thirty ( 30) days prior to the end of the then - current term.

The Term for Flock Hardware shall commence upon first installation and validation, except that the Term for any Flock Hardware that requires self - installation shall commence upon execution ofthe Agreement. In the event a Customer purchases more than one type gfFlock Hardware, the earliest Term start date shall control. In the event a Customer purchases software only, the "Perm shall commence upon execution of the Agreement.

Billing Schedule
Year 1
At Contract Signing $ 44, 600. 00
Annual Recurring after Year 1 $ 44, 600.00
Contract Total $ 89, 200. 00
Tax not included
Discounts
Flock Safety Platform $ 0. 00
Flock Safety Add- ons $ 0. 00
Flock Safety Professional Services $ 8, 550. 00
6 Prnrlurt and Sprvirps Dpsrrintion
FlockOS Starter provides real- time situational awareness for agencies without requiring a full RTCC. It includes access to privately funded live video FlockOS Starter and a real- time jurisdiction map, enabling resource allocation and response coordination without complex infrastructure or extensive IT requirements.

Dual Solar LPR - Standard Bundle,
fka Falcon Two solar -powered fixed standard -range LPR cameras on the same pole Dual Solar LR Bundle Two solar -powered fixed long- range LPR cameras on the same pole Standard range license plate recognition camera with Vehicle Fingerprint TM technology ( proprietary machine learning software) and real- time alerts Solar LPR, fka Solar Falcon for unlimited users, with LTE Professional Services - Solar One- time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance Bundle Implementation Fee with the Flock Safety Standard Implementation Service Brief.

Solar Long -Range LPR, fka Solar Law enforcement grade, long range and high vehicle speed license plate recognition camera with Vehicle Fingerprint TM technology (proprietary Falcon LR machine learning software) and real- time alerts for unlimited users, with LTE. Solar Power only Professional Services - Solar One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance Bundle Implementation Fee with the Flock Safety Standard Implementation Service Brief.

Law enforcement grade infrastructure - free ( solar power + LTE) license plate recognition camera with Vehicle Fingerprint TM technology ( proprietary Flock Safety LPR, fka Falcon machine learning software) and real- time alerts for unlimited users.

Professional Services - Standard One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance Implementation Fee with the Flock Safety Standard Implementation Service Brief.

An integrated public safety platform that detects, centralizes and decodes actionable evidence to increase safety, improve efficiency, and connect the Flock Safety Platform - Essentials community.

FlockOS Features & Description
Map - based interface that consolidates all data streams and the locations of each connected asset, enabling ESRI Based Map Interface greater situational awareness and a common operating picture.

Receive LPR, video, and audio alerts on a single interface, providing real- time event details, locations, and Real - Time Alerting on Flock Hardware nearby cameras.

Overlay live traffic data onto your agency' s operational map, integrating it with CAD calls, body camera Real - Time Traffic Layer locations, and police vehicle positions.

The Camera Direction Indicator in FlockOS visually displays the viewing angles of live video and/ or LPR Camera Direction Indicator Tool
cameras on the Flock Map.

View recent snapshots from nearby LPRs in a map -based modal to help operators visually scan for vehicles Recent LPR Images matching a description and identify plates in real time.

FlockOS integrates Aerodrome drones to stream live video and GPS data directly into the platform, Flock Aerodome Drone Location & Live Viewing providing real- time aerial visibility for law enforcement operations.

Consolidate integrated third -party cameras onto a single operational view, making it easy to locate, activate, Map Based Viewing of 3rd Party Video Inside Agency and monitor live video feeds in real time.

A dedicated Customer Success Manager serves as your agency' s primary contact, providing expert Dedicated Customer Success Manager assistance to streamline deployment, maximize efficiency, and ensure long-term success with FlockOS.

Unlimited Users Unlimited users for FlockOS
Increase case clearance on -the -go with real- time alerts and searchable LPR data for mobile devices via the Utilization of Flock Safety Mobile App Flock Safety Mobile App, available on Android and iOS devices.

The ability to request direct access to feeds from privately owned Flock Safety LPR cameras located in Community Network Access neighborhoods, schools, and businesses in your community, significantly increasing actionable evidence that clears cases.

Unlimited Users Unlimited users for FlockOS
Allows agencies to look up license plates on all cameras opted into the Flock Safety network within your State Network ( License Plate Lookup Only) state.

With the vast Flock Safety sharing network, law enforcement agencies no longer have to rely onjust their Nationwide Network ( License Plate Lookup Only) devices alone. Agencies can leverage a nationwide system boasting 10 billion additional plate reads per month to amplify the potential to collect vital evidence in otherwise dead- end investigations.

The ability to request direct access to evidence detection devices from Law Enforcement agencies outside Law Enforcement Network Access of your jurisdiction.

Time & Location Based Search Search full, partial, and temporary plates by time at particular device locations License Plate Lookup Look up specific license plate location history captured on Flock devices 7 Search footage using Vehicle FingerprintTM technology. Access vehicle type, make, color, license plate Vehicle Fingerprint Search state, missing / covered plates, and other unique features like bumper stickers, decals, and roof racks.

Reporting tool to help administrators manage their LPR program with device performance data, user and Insights & Analytics network audits, plate read reports, hot list alert reports, event logs, and outcome reports.

Receive automated alerts when vehicles entered into established databases for missing and wanted persons Real - Time NCIC Alerts on Flock ALPR Cameras are detected, including the FBI&# 39; s National Crime Information Center ( NCIC) and National Center for Missing & amp; Exploited Children ( NCMEC) databases.

Ability to add a suspect&# 39; s license plate to a custom list and get alerted when it passes by a Flock Unlimited Custom Hot Lists
camera
8 By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the Master Services Agreement attached.

The Parties have executed this Agreement as of the dates set forth below.

FLOCK GROUP, INC. Customer: CA - City of Highland
By:

Name:

Title:

Date:

By:

Name:

Title:

Date:

PO Number:
9 Master Services Agreement
This Master Services Agreement ( this " Agreement") is entered into by and between Flock Group Inc. with a place of business at 1170 Howell Mill Road NW Suite 210, Atlanta, GA 30318 Flock") and the entity identified in the signature block (" Customer") ( each a " Party," and together, the " Parties"). This Agreement is effective on the date of mutual execution (" Effective Date"). Parties will sign an Order Form (" Order Form") which will describe the Flock Services to be performed and the period for performance, attached hereto as Exhibit A.

RECITALS
WHEREAS, Flock offers a software and hardware situational awareness solution through Flock' s technology platform that upon detection is capable of capturing audio, video, image, and recording data and provide notifications to Customer (" Notifications"); WHEREAS, Customer desires access to the Flock Services ( defined below) on existing devices, provided by Customer, or Flock provided Flock Hardware ( as defined below) in order to create, view, search and archive Footage and receive Notifications, via the Flock Services; and NOW THEREFORE, in consideration of the mutual promises and covenants set forth herein, the Parties agree as follows:

WHEREAS, Flock desires to provide Customer the Flock Services and any access thereto, subject to the terms and conditions ofthis Agreement, solely for the awareness, prevention, and prosecution of crime, bona fide investigations and evidence gathering for law enforcement purposes.

1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or crossreferenced in this Section 1. 10 1. 1 " Agreement" means the order form (to be provided as Exhibit A, "Order Form"), these terms and conditions, and any document therein incorporated by reference in section 11. 4.

1. 2 " Anonymized Data" means Customer Data permanently stripped of identifying details and any potential personally identifiable information, by commercially available standards which irreversibly alters data in such a way that a data subject ( i. e., individual person or entity) can no longer be identified directly or indirectly, and is thereby rendered " anonymized data" as defined in ISO 25237: 2017, Sections 3. 2 and 3. 3.

1. 3 " Applicable Laws" means California Civil Code 1798. 90. 5, et seq., the California Consumer Privacy Act and California Privacy Rights Act, Civil Code Section 1798. 100, et seq., Government Code Section 7284, et seq., and any and all other applicable local, State and federal laws, codes, orders, and regulations.

1. 4 " Authorized End User( s)" means any individual employees, agents, or contractors of Customer and/ or SBSO accessing or using the Services, under the rights granted to Customer pursuant to this Agreement.

1. 5 " Customer Data" means the data, media, and content provided or made accessible to Flock by Customer, SBSO, or any Authorized End User through, or in connection with, the Services. For the avoidance of doubt, the Customer Data will include the Footage.

1. 6. " Customer Hardware" means the third -party camera owned or provided by Customer, if any, and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.

1. 7 " Effective Date" means the date this Agreement is mutually executed ( valid and enforceable) by both Parties.

1. 8 " Embedded Software" means the Flock proprietary software and/ or firmware integrated with or installed on the Flock Hardware or Customer Hardware.

1. 9 " Flock Hardware" means the Flock device( s), which may include poles, cameras, clamps, solar panel, installation components, and any other Flock -owned physical elements that interact with the Embedded Software and the Web Interface, to provide the Flock Services as specifically set forth in the applicable Order Form.

1. 10 " Flock IP" means the Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/ or its Authorized End Users. Flock IP does not include Footage ( as defined below).

1. 11 " Flock Services" or " Services" means the provision of Flock' s software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage. 11 1. 12 " Footage" means still images, video, audio, and other data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services.

1. 13 " Integration Data" means any distribution of data from a Customer requested third party integration.

1. 14 " Installation Services" means the services provided by Flock for installation of Flock Services and Flock Hardware.

1. 15 " Permitted Purpose" means for legitimate public safety and/ or business purpose, including but not limited to the awareness, prevention, and prosecution of crime; investigations; and prevention of commercial harm, to the extent permitted by law.

1. 16 " Retention Period" means the time period that the Customer Data is stored by Flock within the cloud storage, as specified in the applicable Order Form. Flock deletes all Footage on a rolling thirty ( 30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices.

1. 17 " SBSO" means the Sheriff' s Department of the County of San Bernardino, California.

1. 18 " Term" means the date, unless otherwise stated in the Order Form, upon which the cameras are validated by both Parties as operational.

1. 19 " Web Interface" means the website( s) or application( s) through which Customer and its Authorized End Users can access the Services.

2. SERVICES AND SUPPORT

2. 1 Provision of Access. Flock hereby grants to Customer and SBSO a non- exclusive, nontransferable right to access the features and functions of the Flock Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for the longer of. the Retention Period, period of retention required by Customer' s records retention requirements or State law including California Government Code Section 34090, et seq., or any period set forth in a notice of litigation hold as provided herein. Authorized End Users will be required to sign up for an account and select a password and username (" User ID"). Access by any Authorized End User of the Flock Services shall require 2- step verification, Customer shall be responsible for all acts and omissions of Authorized End Users. Customer shall undertake reasonable efforts to make all Authorized End Users aware of all applicable provisions of this Agreement and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, ( such as using 12 a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage), provided any such third parties with access to Customer Data, are required to maintain confidentiality of Customer Data.

2. 2 Embedded Software License. Flock grants Customer and SBSO a limited, non- exclusive, nontransferable, non- sublicensable ( except to the Authorized End Users), revocable right to use the Embedded Software as it pertains to Flock Services, solely as necessary for Customer and SBSO to use the Flock Services.

2. 3 Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts to respond to requests for support within twenty- four ( 24) hours of becoming aware of a malfunction in the Flock Services or Flock Hardware. Flock will provide Customer with reasonable technical and on -site support and maintenance services in -person, via phone or by email at supportgflocksafety corn ( such services collectively referred to as " Support Services").

2.4 Updates to Platform. Flock may make any updates to system or platform that it deems necessary or useful to ( i) maintain or enhance the quality or delivery of Flock' s products or services to its customers, the competitive strength of, or market for, Flock' s products or services, such platform or system' s cost efficiency or performance, or ( ii) to comply with applicable law. Parties understand and agree that such updates are necessary from time to time and will not diminish the quality of the services or materially change any terms or conditions within this Agreement.

2. 5 Service Interruption. Services may be interrupted in the event that: ( a) Flock' s provision of the Services to Customer or any Authorized End User is prohibited by applicable law; ( b) any third -party services required in order to provide the Services are interrupted; ( c) if Services are being used for malicious, unlawful, or otherwise unauthorized use; ( d) there is a threat or attack on any of the Flock IP by a third party; or ( e) scheduled or emergency maintenance (" Service Interruption"). Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Customer, to provide updates, and to resume providing access to Flock Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for any damage, liabilities, losses ( including any loss of data or profits), or any other consequences that Customer or any Authorized End 13 User may incur as a result of an unforeseeable Service Interruption. To the extent that the Service Interruption is not caused by Customer' s direct actions or by the actions of parties under Customer' s direction, the time will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day). For example, in the event of a Service Interruption lasting five ( 5) continuous days, Customer will receive a credit for five ( 5) free days at the end of the Term.

2. 6 Service Suspension. Flock may temporarily suspend Customer' s and any Authorized End User' s access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack on any of the Flock IP by Customer; ( b) Customer' s or any Authorized End User' s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; ( c) Customer or any Authorized End User is/ are using the Flock IP for fraudulent or illegal activities; ( d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Customer' s account (" Service Suspension").

Customer shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit. Ifthe Service Suspension was not caused by Customer, the Term will be tolled by the duration of the Service Suspension.

2. 7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, or toxic or flammable substances.

In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately.

3. CUSTOMER OBLIGATIONS

3. 1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they do not have the right to use, or any other name with the intent of impersonation. Customer and Authorized End Users may not transfer their account to anyone else without prior written permission of Flock. Authorized End Users shall not share their account username or password information and must protect the security of the username and password. Unless otherwise stated 14 and defined in this Agreement, Customer shall not designate Authorized End Users for persons who are not officers, employees, or agents of Customer or SBSO. Authorized End Users shall only use Customer/ SBSO- issued email addresses for the creation of their User ID. Customer is responsible for any Authorized End User activity associated with its account. Customer shall ensure that Customer/ SBSO provides Flock with up- to- date contact information at all times during the Term of this Agreement. Customer/ SBSO shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services ( e. g., laptops, internet connection, mobile devices, etc.). Customer shall ( at its own expense) require SBSO to provide Flock with reasonable access and use of SBSO facilities and SBSO personnel in order to enable Flock to perform Services ( such obligations of Customer are collectively defined as " Customer Obligations").

NOTWITHSTANDING ANY OTHER PROVISION HEREIN, FLOCK ACKNOWLEDGES AND AGREES THAT SBSO WILL BE AN "AUTHORIZED END USER" AND THE

OPERATOR OF THE ALPR SYSTEM INCLUDING ALL FLOCK HARDWARE, FLOCK IP,

AND THE SERVICES AS PERMITTED BY THIS AGREEMENT, AS IT IS THE LAW

ENFORCEMENT AGENCY PROVIDING LAW ENFORCEMENT SERVICES FOR

CUSTOMER AND THAT IT IS SBSO THAT WILL BE ACCESSING AND USING THE ALPR DATA COLLECTED BY THE FLOCK HARDWARE, SOFTWARE AND SYSTEM.

FLOCK SHALL EXTEND TO SBSO THE SAME RIGHTS AND BENEFITS OF THIS

AGREEMENT AS ARE PROVIDED TO CUSTOMER, INCLUDING, WITHOUT LIMITATION, THE RIGHTS AND BENEFITS OF THIS SECTION 3, SECTION 4, SECTION 7, SECTION 8, AND SECTION 9, AND SBSO SHALL BE RESPONSIBLE FOR COMPLIANCE WITH THESE SECTIONS.

3. 2 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer/SBSO shall use Flock Services only in compliance with this Agreement and all Applicable Laws, including but not limited to any laws relating to the recording or sharing of data, video, photo, or audio content.

4. DATA USE AND LICENSING

4. 1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer. For the term of this Agreement, Customer hereby grants to Flock a limited, non- exclusive, royalty -free, worldwide license to use the 15 Customer Data and perform all acts as may be necessary for Flock to provide the Flock Services to Customer. Flock does not own and shall not sell share or disseminate Customer Data, except as expressly permitted herein.

4. 2 Customer Generated Data. Flock may provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer (" Customer Generated Data"). Customer shall retain whatever legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges that Flock has no obligation to monitor or enforce Customer' s intellectual property rights of Customer Generated Data. For the term of this Agreement, Customer grants Flock a nonexclusive, worldwide, royalty -free, license to use the Customer Generated Data for the purpose of providing Flock Services. Flock does not own and shall not sell, share or disseminate Customer Generated Data.

4. 3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data non - identifiable to create Anonymized Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock a non- exclusive, worldwide, perpetual, royalty -free right to use and distribute such 0 16
Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other Flock offerings. Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not sell Anonymized Data.

4. 4 Data Distribution. Customer may, upon request, choose to integrate Flock Services with a third party to either distribute Integration Data or Customer Data ( such third party, " Recipient").

Upon such request and for the term of this Agreement, Customer hereby grants to Flock a nonexclusive, non -transferable, royalty -free, license to access, share, view, record, duplicate, store, save, reproduce, modify, display, and distribute Customer Data and/ or Integration Data, in compliance with all Applicable Laws, as required by the requested distribution. Customer acknowledges that such data may be viewed, recorded, duplicated, stored, saved, reproduced, modified, displayed, distributed, and retained by Recipient for a period longer than Flock' s standard retention period and hereby provides consent to such retention period. Unless expressly listed in the Order Form, the provision, access, or use of any Application Programming Interfaces (" APIs") is not included under this Agreement. Any rights, licenses, or obligations related to APIs shall be governed solely by the terms set forth in the Order Form or a separate agreement between the parties.

5. CONFIDENTIALITY; DISCLOSURES

5. 1 Confidentiality. To the extent required by any applicable public records requests, each Party the " Receiving Party") understands that the other Party ( the " Disclosing Party") has disclosed or may disclose business, technical, personal, or financial information relating to the Disclosing Party' s business ( hereinafter referred to as " Proprietary Information" of the Disclosing Party).

Proprietary Information of Flock includes non- public information provided by the Disclosing Party to the Receiving Party regarding features, functionality and performance of this Agreement. Proprietary Information of Customer includes Customer Data, and non- public data provided or made accessible by Customer to Flock or collected by Flock via Flock Services, which includes but is not limited to geolocation information and environmental data collected by sensors. The Receiving Party agrees: ( i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event less than commercially reasonable precautions, and ( ii) not to use ( except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the 17 foregoing shall not apply with respect to any information that the Receiving Party can document a) is or becomes generally available to the public; or ( b) was in its possession or known by it prior to receipt from the Disclosing Party; or ( c) was rightfully disclosed to it without restriction by a third party; or ( d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, subpoena, or California Public Records Act request, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. At the termination of this Agreement, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased ( if recorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the Agreement. Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret or Customer Data shall continue in perpetuity or until such information is no longer trade secret or confidential.

5. 2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement.

Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock' s sole discretion. Customer and Authorized End Users shall not: ( i) directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover, or recreate the source code, object code or underlying structure, ideas or algorithm of the Flock Services or any software provided hereunder; modify, translate, or create derivative works based on the Flock Services or any software provided hereunder, ( ii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; ( iii) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; ( iv) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; ( v) use the Flock Services for anything other than the Permitted Purpose; or ( vi) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Customer' s rights. There are no implied rights.

5. 3 Disclosure of Footage. Subject to and during the Retention Period and in compliance with all Applicable Laws, Flock may access, use, preserve and/ or disclose the Footage to law 18 enforcement authorities, government officials, and/ or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to comply with a legal process, enforce this Agreement, or detect, prevent or otherwise address security, privacy, fraud or technical issues, or emergency situations.

6. PAYMENT OF FEES

6. 1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form. To the extent the Order Form is silent, Customer shall pay all invoices net thirty ( 30) days from the date of receipt. If Customer believes that Flock has billed Customer incorrectly, Customer must contact Flock no later than thirty ( 30) days after the closing date on the first invoice in which the error or problem appeared to receive an adjustment or credit. Customer acknowledges and agrees that a failure to contact Flock within this period will serve as a waiver of any claim. If any undisputed fee is more than thirty ( 30) days overdue, Flock may, without limiting its other rights and remedies, suspend delivery of its service until such undisputed invoice is paid in full. Flock shall provide at least thirty (30) days' prior written notice to Customer of the payment delinquency before exercising any suspension right.

6. 2 Notice of Changes to Fees. In the event of any changes to fees, Flock shall provide Customer with sixty ( 60) days notice ( email sufficient) prior to the end of the Initial Term or Renewal Term ( as applicable). Any such changes to fees shall only impact subsequent Renewal Terms.

6. 3 Taxes. To the extent Customer is not a tax exempt entity, Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock' s net income, imposed by taxing authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing authority, for which Customer is responsible, the appropriate amount shall be invoice to and paid by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and Flock shall not charge Customer any taxes from which it is exempt. If any deduction or withholding is required by law, Customer shall notify Flock and shall pay Flock any additional amounts necessary to ensure that the net amount that Flock receives, after any deduction and withholding, equals the amount Flock would have received if no deduction or withholding had been required. 19 7. TERM AND TERMINATION

7. 1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form ( the " Term"). Unless otherwise indicated on the Order Form, the Term shall commence upon first installation of Flock Hardware, as applicable. Following the Term, this Agreement will automatically renew for up to three successive renewal terms of one year each, a " Renewal Term") unless either Party gives the other Party notice of non -renewal at least thirty ( 30) days prior to the end of the then -current term.

7. 2 Termination. Upon termination or expiration ofthis Agreement, Flock will remove any applicable Flock Hardware at a commercially reasonable time period and restore the installation site to its original condition, reasonable wear and tear excepted. In the event of any material breach of this Agreement, the non -breaching Party may terminate this Agreement prior to the end of the Term by giving thirty ( 30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate ifthe breaching Party has cured the breach prior to the expiration of such thirty ( 30) day period (" Cure Period"). Either Party may terminate this Agreement ( i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, ( ii) upon the other Party' s making an assignment for the benefit of creditors, or ( iii) upon the other Party' s dissolution or ceasing to do business. In the event of a material breach by Flock, and Flock is unable to cure within the Cure Period, Flock will refund Customer a pro- rata portion of the pre -paid fees for Services not received due to such termination.

7. 3 Survival. The following Sections will survive termination: 1, 3, 5, 6, 7, 8. 3, 8. 4, 9, 10. 1 and I

8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER

8. 1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software to perform as required ( a " Defect"), Customer must notify Flock' s technical support team. In the event of a Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole discretion, to repair or replace the defective Hardware, Software or other Flock product, provided that Flock shall conduct inspection or testing within a commercially reasonable time, but no longer than seven ( 7) business days after Customer gives notice to Flock.
20 8. 2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule https:// www.flocksafety.com/ reinstall- fee- schedule). In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that Flock is not liable for any resulting impact to Flock Service, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware.

8. 3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third -party providers, or because of other causes beyond Flock' s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e- mail of any scheduled service disruption.

8. 4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8. 1 ABOVE IS CUSTOMER' S SOLE REMEDY, AND FLOCK' S SOLE LIABILITY, WITH RESPECT TO DEFECTS.

FLOCK IS NOT LIABLE FOR ANY DAMAGES OR ISSUES ARISING FROM THIRD - PARTY DISTRIBUTIONS REQUESTED BY CUSTOMER. AFOREMENTIONED DISTRIBUTION IS AT CUSTOMER' S OWN RISK. FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE

ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED " AS IS" AND FLOCK DISCLAIMS ALL WARRANTIES,

EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS

DISCLAIMER ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 11. 6.

8. 5 Insurance. Flock will maintain the insurance policies as set forth as Exhibit B.

8. 6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics ( including the spread of variants), issues of national security, acts or omissions of third -party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply 21 chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of hackers, internet service providers or any other third party acts or omissions.

9. LIMITATION OF LIABILITY; INDEMNITY

9. 1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY,

FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND

EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY

SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED

THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; ( B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; ( D)

FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; ( E) FOR ANY MATTER BEYOND FLOCK' S ACTUAL KNOWLEDGE OR

REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; OR ( F) FOR ANY AMOUNTS THAT, TOGETHER WITH

AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID

AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE ( 12) MONTHS PRIOR TO THE ACT OR OMISSION THAT

GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF

LIABILITY OF SECTION ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION 11. 6.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FOREGOING

LIMITATIONS OF LIABILITY SHALL NOT APPLY ( I) IN THE EVENT OF GROSS

NEGLIGENCE OR WILLFUL MISCONDUCT, OR ( II) TO INDEMNIFICATION OBLIGATIONS.

9. 2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable for the torts of its own officers, agents, or employees. 22 9. 3 Flock Indemnity. To the fullest extent permitted by law, Flock shall indemnify, defend and hold harmless Customer, the County of San Bernardino, and each of Customer' s and County' s elected officials, officers, volunteers, agents and employees, from liability of any kind, including claims, costs ( including defense), stop notices, liens, damages and expenses, on account of. (i) actual or alleged infringement of any intellectual property right including any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement, or actual or alleged infringement arising out of Customer' s or SBSO' s use of the Services in compliance with this Agreement; or ( ii) any damage to property, or injury or death to person caused by or arising out of Flock' s installation of Flock Hardware, provision of the Flock Services, or Flock' s violation of any Applicable Laws, except for where such damage or injury was caused solely by the negligence of the Customer or its agents, officers or employees. Should Customer/ SBSO be prevented from using the Services or any of the Flock Hardware as a result of any such infringement claim or violation, at Flock' s expense, Flock shall ( i) obtain all rights for Customer/ SBSO to utilize the Services and/ or Hardware; ( ii) provide alternate services or hardware providing substantially the same functionality; or ( iii) provide a pro- rata refund of sums paid for Services not rendered due to Customer' s/ SBSO' s inability to use the Services and/ or Flock Hardware due to such infringement, and, remove all Flock Hardware and restore each installation site to its original condition, reasonable wear and tear excepted.

10. INSTALLATION SERVICES AND OBLIGATIONS

10. 1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, or when Customer deems it necessary in order to prevent risk to the public health or safety and with notice to Flock, Customer is not permitted to remove, reposition, re -install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at Flock' s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock' s rights to any damages Flock may sustain as a result of Customer' s default and 23 Flock shall have the right to enforce any other legal remedy or right.

10. 2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will collaborate with Customer to design the strategic geographic mapping of the location( s) and implementation of Flock Hardware to create a deployment plan (" Deployment Plan"). In the event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location, and will provide alternative options to Customer. All installation locations must be approved in writing by Customer prior to installation of the Flock Hardware.

10. 3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including, but not limited to, relocating, repositioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles will incur a fee according to the reinstall fee schedule located at https:// www.flocksafety. com/ reinstall- fee- schedule). Customer will receive prior notice and confirm approval of any such fees.

10. 4 Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide, attached hereto as Exhibit C. Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the agreed upon locations and to make any necessary inspections or maintenance in connection with such installation.

10. 5 Flock' s Obligations. Installation of any Flock Hardware shall be installed in a professional manner, in compliance with all Applicable Laws, including CalTrans' regulations for roadway management, related to maintaining safety of the public, public roadways, and any and all other public property to be utilized during, and as part of, the Installation Services, within a commercially reasonable time from the Effective Date of this Agreement. Flock shall promptly repair, at Flock' s sole expense, any public property damaged by Flock or anyone acting on behalf of Flock while or as a result of performing Installation Services. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the length of 24 the Term. Flock may use a subcontractor or third party to perform certain obligations under this Agreement, provided that Flock' s use of such subcontractor or third party shall not release Flock from any duty or liability to fulfill Flock' s obligations under this Agreement.

11. MISCELLANEOUS

11. 1 Compliance with Laws. Parties shall comply with all Applicable Laws policies and ordinances and their associated record retention schedules, including responding to any subpoena request( s). Furthermore, some or all of the Installation Services constitute " public works" as defined in California Labor Code Section 1720. As to any and all work performed by Flock constituting public works, Flock shall comply with all California Labor Code requirements set forth in Exhibit " D" hereto.

11. 2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

11. 3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party' s consent, ( i) to any parent, subsidiary, or affiliate entity, or ii) to any purchaser of all or substantially all of such Party' s assets or to any successor by way of merger, consolidation or similar transaction.

11. 4 Entire Agreement. This Agreement, together with the Order Form( s), the reinstall fee schedule ( https:// www. flocksafety. com/ reinstall- fee- schedule), and any attached exhibits, each of which are incorporated by reference herein, are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral, communications and other understandings relating to the subject matter of this Agreement. All waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Customer' s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. Any agreed upon future purchase order is subject to these legal terms and does not alter the rights and obligations under this Agreement, except that future purchase orders may outline additional products, services, quantities and billing terms to be mutually accepted by Parties. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail. Customer agrees that Customer' s purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by 25 Flock with respect to future functionality or feature.

11. 5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Parties do not have any authority of any kind to bind each other in any respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer.

11. 6 Governing Law; Venue. This Agreement shall be governed by the laws of the state of California. The Parties hereto agree that venue would be proper in the 15 26
County of San Bernardino, California. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.

11. 7 Special Terms. Flock may offer certain special terms which are indicated in the Order Form and will become part of this Agreement, upon Customer' s prior written consent and the mutual execution by authorized representatives (" Special Terms"). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.

11. 8 Publicity. Upon prior written consent, Flock has the right to reference and use Customer' s name and disclose the nature of the Services in business and development and marketing efforts.

Nothing contained in this Agreement shall be construed as conferring on any Party, any right to use the other Party' s name as an endorsement of product/ service.

11. 9 Feedback. If Customer or Authorized End. User provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Customer or Authorized End User hereby assigns to Flock all right, title and interest ( including intellectual property rights) with respect to or resulting from any of the foregoing.

11. 10 Export. Customer may not remove or export from the United States or allow the export or re- export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation (" FAR"), section

2. 101, the Services, the Flock Hardware and Documentation are " commercial items" and according to the Department of Defense Federal Acquisition Regulation (" DFAR") section 252. 2277014( a)( 1) and are deemed to be " commercial computer software" and " commercial computer software documentation." Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system.

Consistent with DFAR section 227. 7202 and FAR section 12. 212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or 16 27
commercial software documentation by the U. S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

11. 11 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections. 1 1. 12 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing upon the Effective Date.

11. 13 Conflict. In the event there is a conflict between this Agreement and any applicable statement of work, or Customer purchase order, this Agreement controls unless explicitly stated otherwise.

11. 14 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt to the address listed on the Order Form ( or, if different, below), if sent by certified or registered mail, return receipt requested. All notices will be provided to the email or mailing address listed in the Order Form. 1 1. 15 Non -Appropriation. Notwithstanding any other provision of this Agreement, all obligations of the Customer under this Agreement which require the expenditure of public funds are conditioned on the availability of said funds appropriated for that purpose. To the extent applicable, Customer shall have the right to terminate this Agreement for non -appropriation with thirty ( 30) days written notice without penalty or other cost. 17 28
FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: le aallkflocksafety. com
Customer NOTICES ADDRESS:

ADDRESS:

ATTN:

EMAIL:
18 29

EXHIBIT B

INSURANCE
Required Coverage. Flock shall procure and maintain for the duration ofthis Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services under this Agreement and the results of that work by Flock or its agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A. M. Best rating of no less than " A" and " VII". Flock shall obtain and, during the term of this Agreement, shall maintain policies of professional liability errors and omissions), automobile liability, and general liability insurance for insurable amounts of not less than the limits listed herein. The insurance policies shall provide that the policies shall remain in full force during the life of the Agreement. Flock shall procure and shall maintain during the life of this Agreement Worker' s Compensation insurance as required by applicable State law for all Flock employees. For the avoidance of doubt, ( i) all required insurance limits by Customer can be met through a combination of primary and excess/ umbrella coverage, and ( ii) Flock' s Cyber and Professional Liability/Errors and Omissions insurance has a shared limit of Five Million Dollars ( 5, 000, 000) per incident and in the aggregate. Flock, and the commercial general and auto liability, and workers compensation, policies, shall waive all rights of subrogation. Any claims made" policies shall be endorsed with an extended reporting period of not less than three ( 3) years. No required policy shall have an issuance date later than the Effective Date. The Customer and County of San Bernardino, and each of Customer' s and County' s elected officials, officers, employees, agents and volunteers shall be named as additional insureds on the CGL and auto liability policies.

Types and Amounts Required. Flock shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
i) Commercial General Liability insurance written on an occurrence basis with minimum limits of One Million Dollars ($ 1, 000,000) per occurrence and Two Million Dollars ($2, 000, 000) in the aggregate for bodily injury, death, and property damage, including personal injury, contractual liability, independent contractors, broad -form property damage, and product and completed operations coverage;
ii) Workers Compensation insurance in accordance with statutory limits; 30 Professional Liability/Errors and. Omissions insurance with minimum limits of Five Million Dollars ($ 5, 000, 000) per occurrence and Five Million Dollars ($ 5, 000, 000) in the aggregate;
31 iv) Commercial Automobile Liability insurance with a minimum combined single limit of One Million Dollars ($ 1, 000, 000) per occurrence for bodily injury, death, and property coverage, including owned and non -owned and hired automobile coverage; and v) Cyber Liability insurance written on an occurrence basis with minimum limits of Five Million Dollars ($ 5, 000, 000).
32 EXHIBIT D

CALIFORNIA LABOR CODE COMPLIANCE
Flock (" Contractor" herein) acknowledges that this contract with Customer (" City" herein) is subject to the provisions of Division 2, Part 7, Chapter 1 ( commencing with Section 1720) of the California Labor Code relating to public works and the City as the awarding body, and agrees to be bound by all the provisions thereof as though set forth in full herein.

2. This contract includes installation services and, therefore, is a public work and requires the payment of prevailing wages for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor pursuant to Section 1771 of the Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this contract from the Director ofthe Department of Industrial Relations.

These rates are on file with the City Clerk or may be obtained at http:// www.dir.ca. gov/ OPRL/ DPreWaReDetermination. htm.

Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1775, 1776, 1777. 5, 1777. 6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, not more than $ 200. 00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of this Agreement.

3. In accordance with Labor Code Sections 1725. 5 and 1771. 1, and except for projects involving construction, alteration, demolition, installation, or repair work of $25, 000 or less, or maintenance work of $15, 000 or less, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract unless currently registered and qualified to perform public work pursuant to Section 1725. 5 [ with limited exceptions for bid purposes, only, pursuant to Labor Code Section 1771. 1( a)].

4. Pursuant to Labor Code Section 1776, Contractor shall maintain and make available an accurate record showing the name of each worker and hours worked each day and each week by each worker employed by Contractor performing services covered by this Agreement. Contractor and its subcontractors shall furnish electronic certified payroll records to the Labor Commissioner in accordance with Labor Code Section 1771. 4. The project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. The Contractor shall post job site notices, as prescribed by regulation.

5. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777. 5, 1777. 6 and 1777. 7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. The Contractor shall be responsible for compliance with these Sections for all apprenticeable occupations. Before commencing Work on this Project, the Contractor shall provide the City with a copy of the information submitted to any applicable apprenticeship program. Within sixty ( 60) Days after concluding Work, Contractor and each of its Subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Contract.
33 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($ 25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.

California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, by signing the Agreement to which this Exhibit is attached, Contractor hereby certifies as follows:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
34 Attachment 2
Sole Source Letter from Flock Safety
35 f .'ock safety
2025 Sole Source Letter for Flock Safety® Public Safety Solutions July 18, 2025
City of Highland
27215 Base Line
Highland, CA, 92346
Dear Leticia Nava -Cruz,
This letter serves to confirm that Flock Group Inc. d/ b/ a Flock Safety is the sole provider of our proprietary public safety technology solution specifically designed for use by law enforcement, communities, and private entities to increase safety and reduce crime. Flock Safety' s unique system integrates hardware and cloud - based software to enable real- time data processing and secure data sharing capabilities that are unavailable through other providers.

As the sole developer and provider of this proprietary technology, Flock Safety retains exclusive rights to manufacture, license, and support the products and software we offer. Our solutions include cutting -edge features such as machine learning analytics, CJIS- compliant data storage, and a centralized system that facilitates collaboration across multiple jurisdictions, supporting a more robust and efficient public safety network. Specifically, Flock Safety provides the ability to access additional cameras from Flock customers, including:

Village Lakes, San Bernardino PD, Rialto PD, at no additional cost.

No other vendor offers the specific combination of hardware and cloud -based features, CJIScompliant data handling, or the national network capabilities that Flock Safety provides. For these reasons, Flock Safety is the only source available for these services.

Thank you,
Garrett Langley CEO, Flock Safety®
1170 Howell Mill Rd. NW - Suite 210, Atlanta, GA 30318
36 f ock safety
Flock Safety@ LPR Cameras
Flock Safety@ is the sole manufacturer, developer, and distributor of Flock Safety@ LPR Camera, Flock Safety@ Long -Range LPR, Flock Safety@ Short -Range LPR, Flock Safety& Flex LPR Camera, Flock Safety@ LPR Camera for Neighborhoods, and Flock Safety@ LPR Video Integration.

Flock Safety@ LPR Camera
Fixed, infrastructure -free license plate recognition (" LPR") cameras suitable for capturing two ( 2+) lanes of traffic simultaneously with a single camera from a vertical mass
Includes Flock Safety@ solar LPR camera option ( next- gen platform standard range), which may cover up to three ( 3) lanes of traffic simultaneously Flock Safety@ Long - Range LPR
Fixed, infrastructure - free long- range (" LR") LPR, suitable for capturing three ( 3+) lanes of traffic simultaneously with a single camera from a vertical mass Includes Flock Safety@ solar LR LPR option ( next- gen platform LR) Flock Safety@ Short -Range LPR
Fixed, infrastructure - free short- range (" SR") LPR with solar power capability, suitable for wide angle capture ( i. e., parking lots or garages) Flock Safety@ Flex LPR Camera
Location -flexible, infrastructure -free self -installation LPR camera with solar power option
Ties seamlessly into the Flock Safety@ ecosystem with a small and lightweight camera Ability to read up to 30, 000 license plates and vehicle attributes on a single battery charge
Flock Safety@ LPR Camera for Neighborhoods
Infrastructure- and maintenance - free LPR for 24/ 7 neighborhood security Flock Safety@ LPR Video Integration
Integrates third -party LPR and video cameras into FlockOSO utilizing existing camera infrastructures
The Flock Safety@ LPR cameras listed above are the only Law Enforcement Grade LPR cameras to offer the following combination of proprietary features:

Vehicle Fingerprint Technology@
o Patented proprietary machine vision to analyze vehicle license plate, state recognition, and vehicle attributes such as color, type, make and objects ( roof rack, bumper stickers, etc.) based on image analytics ( not car registration data) o Machine vision to capture and identify characteristics of vehicles with a paper license plate and vehicles with the absence of a license plate o Ability to "Save Search" based on description of vehicles using Flock's patented Vehicle Fingerprint TechnologyO without the need for a license plate, and set 1170 Howell Mill Rd. NW - Suite 210, Atlanta, GA 30318
37 f "ock safety
up alerts based on vehicle description
o Only LPR provider with " Visual Search," which can transform digital images from any source into an investigative lead by finding matching vehicles based on the vehicle attributes in the uploaded photo
Integrated Cloud - Software & Hardware Platform
o Best in class ability to capture and process up to 30, 000 vehicles per day with a single camera powered exclusively by solar power
o Wireless deployment of solar powered license plate reading cameras with integrated cellular communication weighing less than 5lbs and able to be powered solely by a solar panel of 65W or less
o Web based footage retrieval tool with filtering capabilities such as vehicle color, vehicle type, vehicle manufacturer, partial or full license plate, state of license plate, and object detection
o Utilizes motion trigger to start and stop recording without the need for a reflective plate
o Motion detection allows for unique vehicle cases such as bicycle capture, ATV, motorcycle, etc.
o On device machine processing to limit LTE bandwidth consumption o All images and metadata is encrypted throughout its entire lifecycle from on - device to storage in Flock' s US -based CJIS- compliant cloud o Covert industrial design for minimizing visual pollution Transparency & Ethical Product Design
o One -of -a -kind " Transparency Portal," a public -facing dashboard that details the customer' s policies, as well as automatically updates metrics from the Flock Safety@ system
o Built- in integration with National Center for Missing & Exploited Children NCMEC") to receive AMBER Alerts to find missing children o Privacy controls to enable certain vehicles to " opt -out" of being captured Integrated Gunshot Detection
o Ability to pair with Flock Safety@ gunshot detection device, which has natively integrated gunshot detection capabilities utilizing machine learning to recognize audio signatures typical of crimes in progress ( e. g., gunshots) Live Video Integration
o Ability to apply computer vision to third -party cameras using the Flock Safety& LPR video integration, transforming them into evidence capture devices using the same Vehicle FingerprintO technology offered on the Flock Safety@ LPR cameras
o Flock Safety@ video integration livestream integrates live stream traffic cameras, publicly or privately owned livestream security cameras into one cloud -based situational awareness dashboard to increase response time in mission - critical incidents
o Manage various government intelligence including LPR, livestream cameras, computer -aided dispatch (" CAD"), automatic vehicle location (" AVL") on Flock SafetyO video integration suite
1170 Howell Mill Rd. NW - Suite 210, Atlanta, GA 30318
38 f ock safety
Situational Awareness
o FlockOSO is the world' s first and only public safety operating system compatible with Flock SafetyO LPR video cameras, including live streaming fixed and pan -tilt -zoom (" PTZ") video cameras, and the Flock Safety@ gunshot detection device, while seamlessly integrating first and third -party data across video, LPR, and audio to deliver real- time intelligence and retroactive crime solving in a single -pane real-time crime center
o Ability to enhance situational awareness capacity by layering all intelligence streams onto the FlockOSO. ESRI- bused map
o FlockOSO features Flock Safet,( Dunique Real -Time Routing feature that analyzes various data sources todetermine where asuspect vehicle has been and its direction oftravel, providing users with possible outcomes based on a confidence threshold Warranty &
Service o
Lifetime maintenance andsupport included insubscription price o Flock Safety@ is the only fully integrated LPR one -stop solution from production of Performance
the
monitoring
devices to
software
delivery and
to
installation o
predict potential failures, obstructions, tilts, and
other critical or minor issues Partnerships
o
Flock Safety@ is the only LPFZ ;_, . eider toofficially partner with Prepared911 todistribute 911 call audio and t a -: scripts tolaw enforcement agencieso Through FlockOSO, Flock S '-- ty6f) is the only LPR provider toofficially partner with FirstTwo toenable clickir-i anywhere on a display map to display the relevant information from Firsti v;o o
Access toadditional cameras purchased by Flock' s HOA and private business partners, means an ever- increasing amount of cameras and data at no additional cost 1170
Howell Mill Rd. Wvd , i,uite 2.10, Atlanta, GA 30318
39 Attachment 3
Proposed Resolution No. 2025-.
40 RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND AUTHORIZING THE

CITY MANAGER TO DISPENSE WITH COMPETITIVE SOLICITATION REQUIREMENTS

FOR THE PURCHASE AND INSTALLATION OF AUTOMATED LICENSE PLATE

RECOGNITION CAMERAS
WHEREAS, the City of Highland (" City") has a purchasing policy and procedures for obtaining goods and services which is codified in Chapter 2. 40 of the Highland Municipal Code; and
WHEREAS, the City' s purchasing policy and procedures ensure that the City obtain goods and services on the open market, where possible, pursuant to rules that ensure transparency, fairness to all bidders and suppliers, and decisions that are made free from conflicts of interest; and
WHEREAS, the City's current purchasing policy and procedures generally requires competitive solicitations for the purchase of goods and services, depending on the amount of the proposed purchase; and
WHEREAS, California Public Contract Code § 3400 prohibits cities from specifying a particular product in public works bid specifications unless, among other exceptions, the City Council finds that it is necessary to specify a particular product in order to obtain a necessary item that is only available from one source. .

WHEREAS, the San Bernardino County Sheriff' s Department requested that the City install Automated License Plate Reader (" ALPR") cameras to support enhanced public safety through real- time detection of stolen vehicles, wanted persons, and vehicles associated with criminal investigations. The installation of ALPR cameras was included in the City Council' s adopted Work Program and 25/ 27 budget.

WHEREAS, Flock Safety' s proprietary ALPR system offers a secure, cloud -based platform that allows law enforcement to capture and analyze license plate data in real- time; integrate with local, state, and national hotlists; provide vehicle fingerprinting ( color, make, model, and unique identifiers); generate automated alerts for law enforcement in the field; maintain audit trails for data use to ensure accountability and transparency (" System").

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the City Council of the City of Highland, as follows:

1. The facts and findings stated above are true and correct.

2. Pursuant to California Public Contract Code § 3400, the City is hereby authorized to dispense with competitive solicitation requirements for the City' s purchase of the System based on the following findings and based on information provided in the staff report:
a) The purchase price is reasonable.
b) Flock Group Inc. is the sole provider of proprietary ALPR camera system and associated software platform. Flock' s proprietary System is one of a kind in that Flock' s cameras and technology, integrate hardware and cloud -based software to enable real- time data processing and secure data sharing capabilities that are unavailable through other providers. 1-
41 3. The City Council further finds that the finding and determination set forth in Section 2, above, is authorized by California Public Contract Code § 3400( c)( 3).

4. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 12"' day of August, 2025.

Penny Lilburn, Mayor
ATTEST:

Alondra Munoz
City Clerk
APPROVED AS TO FORM:

Maricela E. Marroquin
City Attorney
2-
11415- 0001\ 3142212v1. doc 42
Attachment 4
Map of Proposed Camera Locations
43 13 Locations
LPR ( 13)
J— p
v •
CA - City of Highland - Phase 1
J ( 14)
Oo F# 001 E 5th St @ Church Ave WB LPR Camera CP# 002 Baseline St @ CA- 210 E 2) LPR
41 Camera
0 F# 003 Highland Ave @ City Creek
LPR Camera J=
Rd EB
OF#004 5th St @ Palm Ave NB LPR Camera J,= Q•
OF#005 Boulder Ave @ Greenspot
LPR Camera JJ- Q Rd SB
o
LR# 001 Greenspot Rd @ Hwy 210 Long Range
DirectionOfTravel LPR
O
LR# 002 Greenspot Rd @ Hwy 210 Long Range 0
WB LPR
P# 008 Baseline St @ CA- 210 E
2) LPR
Y_ O
WCO— Camera
Oo F# 011 Sterling Ave @ 9th St WB LPR Camera Q•
OF#012 Highland Ave @ City Creek LPR Camera J_ 0
Rd WB
o© F# 013 Palm Ave @ E 5th St SB LPR Camera
0 F# 016 Base Line St @ Golondrina LPR Camera 40
or WB
Oo F# 017 E 5th St @ Hwy 210 EB LPR Camera
sndMx
9 St r 3 o EYPR 5
S ALL
m
Atlrantia Park
s Whole
S8 f
S HIG LAND Greeq t
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i Ri to Ave Airport
mc
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44 Attachment 5
Work Program Item Reference
45 2025/ 2026

PROPOSED CITY COUNCIL WORK PROGRAM ITEM
ITEM: Automated License Plate Reader Cameras
DEPARTMENT( S) RESPONSIBLE: Police Department
DESCRIPTION OF WORK ITEM -Provide a brief description of the work item, including objectives and expected outcomes.

Several years ago, Highland invested in emerging license plate reader technology which is used daily to solve crime in the city. Additional cameras are needed to replace and/ or supplement the older technology.

SIGNIFICANCE - Explain why this work item is important and how it aligns with city priorities or goals.

Highland' s existing technology is now aging, with current cameras often out of service. Newer technology, used by surrounding cities, offers more accurate identification and with a cheaper leasing option. Flock camera systems use patented vehicle fingerprint technology to capture details of cars such as make, model, color and other characteristics like aftermarket alterations and whether the plate is paper or not. The system will even capture information with partial or missing license plates.

FUNDING: Estimated Cost $ 50-$ 150k Proposed Funding Source: General Fund TIMELINE -Outline the proposed timeline for completion, including key milestones.

This equipment is requested as soon as possible.

RESOURCE REQUIREMENTS - Estimated Work Hours: 60 Contract Services Required? [ I YES [ ] NO If yes, what type? Flock Camera Systems Contract
ORIGIN OF ISSUE: [ ] Council N Staff [ ] General Plan [) Board/ Commission [ ] Outside Request [ ] Legal Obligation
CARRY-OVER ITEM: [ ] YES N' NO
REVIEWED BY:

City Manager
Date
PROPOSED BY:

Director of Admin Services
1213/ 24
Date
Please complete and submit this form to facilitate the approval process for the proposed work program item.

Thank you for your contribution!
46 1. 987
DATE:

FROM:

PREPARED BY:

SUBJECT:

TO THE CITY COUNCIL
August 12, 2025
Carlos Zamano, City Manager
Octavio Duran Jr., Public Works Director/ City Engineer DD Design Award for Elder Gulch Storm Drain Project (Project No. SDR19001) RECOMMENDATION: It is recommended that the City Council:

1. Approve the proposal from Engineering Resources of Sothern California ( ERSC) to provide design services for the Elder Gulch Storm Drain Project in the amount of 155, 765.

2. Authorize the City Manager to approve contract amendments up to 10% of the contract amount
FISCAL IMPACT: This project is included in the City' s adopted Capital Improvement Program CIP) and has sufficient funding to deliver the project. The project will be funded using DIF Flood) funds.

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

BACKGROUND: The project includes improvements to the City' s Elder Creek Storm Drain system between Old Greenspot Rd and the end of Park View Lane near Arroyo Verde Elementary School to upsize the system to a 100- year storm capacity.

The East Highland Village neighborhood and the area near Arroyo Verde Elementary school has been subject to historical flooding with recent major events in December 2010 and February 2025. ERSC was hired to investigate the existing drainage conditions and storm drain facilities to determine the hydraulic capacity north of Greenspot Road and provided improvement options in a report titled " Technical Memorandum for Elder Creek Storm Drain Facilities at Greenspot Road."
Approved Motion Second
Denied Ayes
Continued Noes
Tabled Abstain
Absent
Agenda Item No.

File No.

City Clerk ger
1 Engineering Services Proposal for City Protect
The City reviewed the assessment and recommends moving forward with a phased project to address existing flooding concerns.

Phase 1 Limits - San Bernardino County Flood Control District' s (District) Elder Creek Channel to North Side of Greenspot Road)
Scope: Storm drain improvements consist of removing and replacing approximately 175' of existing 12' x4' RCB with a proposed 12' x8' RCB. The proposed culvert will connect with the San Bernardino County Flood Control District's ( District) Elder Creek channel transition structure located downstream at Tyler St and Old Greenspot Road. The upstream end of the proposed culvert will tie into the existing 96" reinforced concrete pipe (RCP) with a new transition structure located at the northwest corner of Greenspot Road and Park View Lane.

Budget: Construction of this phase is included in the approved 5- Year CIP Phase 2 Limits - North Side of Greenspot Road To Park View Lane CDS) Scope: Phase 2 consists of removing and replacing approximately 580' of existing 96" RCP with a proposed 12' x8' RCB. This option significantly reduces the potential for utility relocations, easement access, and disruption to the adjacent neighborhood.

Budget: Construction costs for this phase are not currently in the 5- year CIP. Staff is recommending this phase be designed and constructed a later time when funding is secured.

Staff requested a proposal from Engineering Resources of Southern California ( ERSC) for design services to provide construction drawings, specifications and cost estimates for both phases of the project. ERSC will also process all permits required including environmental clearances with potential resource agencies. ERSC has an ongoing contract with the City and has provided these same services for numerous projects using an experienced team that is familiar with storm drain improvement projects. Additionally, ERSC prepared the facility assessment and will be able to complete the work more efficiently.

Staff reviewed and negotiated the proposed fee of $ 155, 765. This fee is reasonable for this type and size of the project. Staff recommends the City Council' s approve ERSC' s proposal to provide professional design services for the project. If approved, the City would target completing design and advertising Phase 1 of the project for construction by the end of this year. Construction is targeted to begin Spring 2026. Although construction funding for phase 2 is not secured, completing the design as part of this contract is more cost effective than completing the work separately. This would also allow the City to have a shovel ready project when funding is secured in the future.

County Flood Control Project
The portion of the Elder Gulch drainage system located south of Old Greenspot Road consists of an enclosed reinforced concrete box and an open channel which is a regional drainage facility owned and maintained by the San Bernardino County Flood Control District. The District started construction on a project to replace the existing enclosed reinforced concrete box and drainage channel with a new improved open drainage channel with a 100- year storm capacity from south of Greenspot Road to the confluence with Plunge Creek. Construction started in April 2025 and is expected to be completed in December 2025.

The project was evaluated in accordance with the California Environmental Quality Act ( CEQA) and is categorically exempt under section 15301.

Attachments: ERSC CM Services Proposal
2 1rimin
REDLANDS I TF_tJECULA I PALM DESERT
Itnab rie
030174012P
April 25, 2025
Revised July 16, 2025
Mr. Octavio Duran Jr., PE
Public Works Director/ City Engineer
City of Highland
27215 Baseline
Highland, CA 92346
CITY OF HIGHLAND — ELDER CREEK STORM DRAIN PROJECT NO. SDR19001 Dear Mr. Duran,
Engineering Resources of Southern California, Inc. ( ERSQ, is pleased to provide this proposal for professional design services for the City' s Elder Creek Storm Drain Project No. sdr19001 ( Project). ERSC understands that the City of Highland intends to increase the capacity of the existing Elder Creek 12' x4' reinforced concrete culvert in Greenspot Road just upstream from the terminus of San Bernardino County Flood Control District' s ( SBCFCD) Elder Creek Channel Improvement project. Due to the recent flooding that occurred in February of this year, time is of the essence to advertise this project for construction. SBCFCD is anticipated to finish construction by the end of 2025. It' s understood that the City would like to issue NTP for construction for the City' s Elder Creek improvements around the time SBCFCD is finishing construction. Contained in our proposal is a description of the project as we understand it and method to accomplish the Projects' goals and objectives, including proposed design challenges and estimated personnel resource needs.

PROJECT UNDERSTANDING
The City of Highland ( City) plans to upsize approximately 700 feet of Elder Creek Storm Drain located in Greenspot Road and Park View Lane. During a significant rain event in 2010, the City was subject to heavy flooding on the north and south side of Greenspot Road near Arroyo Verde Elementary School. In response, the City requested ERSC to investigate the current drainage conditions and storm drain facilities and determine the hydraulic capacity of the existing drainage systems north of Greenspot Road. ERSC investigated the deficiencies of the existing system and provided improvement options based on the City' s preferences in a report titled " Technical Memorandum for Elder Creek Storm Drain Facilities at Greenspot Road" dated March 2020.

Following the Line Fire in fall of 2024, a flash rain event occurred in February 2025 that resulted in debris -laden flows inundating the City' s Elder Creek Storm Drain. Highland residents south of Old Greenspot Road where flooded with mud and debris. Evidence of Elder Creek storm drain backwater effects where noted at two existing manholes located on the northside of Greenspot Road and at the cul de sac of Park View Lane. The San Bernardino County Flood Control District ( SBCFCD) recently initiated construction for the Elder Creek Channel Improvement project that will upsize the existing Elder Creek 1861 W. Redlands Blvd., Redlands, CA 92373 Page 11
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3 drainage facility immediately downstream of the City' s storm drain to convey runoff generated by a 100- year storm event.

Shortly after the February 2025 flood event, the City requested ERSC' s professional design services to upsize the City' s Elder Creek Storm Drain near Greenspot Road. In particular, the City expressed priority interest in upsizing the existing 12' x4' reinforced concrete box ( RCB) culvert that runs underneath Greenspot Road for two main reasons:

1. The 12' x4' RCB culvert was identified in ERSC' s hydraulic study as a major hydraulic choking point in the overall system. This is demonstrated in the hydraulic profile image below.

2. The City wants to initiate construction by the time SBCFCD is completing their channel improvement project such that storm drain improvements are being made in the same time period. This may also improve encroachment permit processing with SBCFCD and construction coordination.

Evidence of flooded Elder
Creek SD manhole at Park
View Lane cul de sac, south
of Arroyo Verde Elementary
campus.

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Evidence of flooded Elder
1861 W. Redlands Blvd., Redlands, CA 92373 Page 12
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For the purposes of
this proposal,
ERSC will call the Greenspot Road culvert upsize design as Elder Creek Storm Drain Phase 1. The City expressed interest in making further
storm drain improvements upstream between Greenspot Road and Park View Lane culde sac. For the purposes of this proposal, this segment of storm drain will be called Elder Creek Storm Drain Phase

2. PROJECT APPROACH Elder Creek Storm Drain Phase
1 (SBCFCD
Elder Creek Channel to North Side of Greenspot Road) Phase 1 storm drain improvements consist of removing and replacing approximately 175' of existing 12'x4' RCB with a proposed 12' x8' RCB. On the downstream end, the proposed culvert will connect with the District'sElder Creek channel transition structure. Because the District' s channel is currently under reconstruction, the City expressed interest incoordinating with SBCFCD to requesta modification tothe transition structure toaccommodate the City' s proposed 12'x8' RCB connection. However, this proposal assumes the transition structure will be removed and reconstructed as part of the City's project. The upstream end of the proposed culvert will tieinto the existing 96" reinforced concrete pipe (RCP) with anew transition structure located at the northwest corner of Greenspot Road and Park View Lane. ERSC will provide final design engineering for Phase 1, including permit processing with SBCFCD and environmental clearance with potential resource agencies. Elder Creek Storm Drain Phase 2 (North
Side of Greenspot Road To Park View Lane CDS) 1861 W. Redlands Blvd., Redlands, CA 92373

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