Good evening. Welcome to our City Council meeting of October 8th. At this time I would like to call our meeting to order and we will please join me in a pledge and then Tracy with Emanuel Baptist will lead us into our invocation. Oh, okay, okay, you confuse me. So join me in prayer, would you? Father, we come before you. We thank you that our mayor and council and staff were able to deliver it tonight. We pray that you'll guide and watch over and show your grace to what happens here. Father, we think of the many areas of our country now on the east coast and Gulf coast where things are not so easy. So we pray for your help and care there in restoration as well as in our own state where fires have ravaged. So we pray for your grace and help in all this. And we thank you for all who responded and helped in great and wondrous ways. So bless our city of Highland and our county. And we thank you for Lord Jesus. Amen. Thank you. Okay. Roll call. Councilmember Chavez-Cortoba. Absent. Councilmember Lohbert. Here. Councilmember Salano. Present. Councilmember McAllen. Here. Councilmember Timmer. Here. Thank you. Councilmember Lohbert. Your councilmember Solano. Present. Councilmember McCallan. Your. Councilmember Timmer. Thank you. A report from closed session. I'm going to ask our city attorney to report on that. Thank you Mayor. We met in closed session regarding one case and there was no reportable action taken. Thank you. Okay, we'll move on to our public comment. At this time I only have one speaker slip and I'm going to call it Chris Nielsen and Jane. Good evening, Council and Mayor. I just want to thank you first of all for the police presence and for them roping off the streets for our five-hectane-k run. And we loved your re-grand opening of the Senior Center Pending. Thank you. It's very successful. Thank you. It's very successful. Thank you. Okay. Tomorrow at 8 a.m. is our last breakfast for the chamber for this year and it's going to be at Brightwater Senior Living. Check in is at 7 30 in the morning and at 8 a.m. we will start the program. So if any of you are interested in coming for breakfast before you get today started we'd love to see you. October 22nd, our chamber luncheon, and that will be hosted by the Highland Senior Center as we needed to have a new venue, East Highlands Ranch is doing their haunted house. So we thank you, Penny, for letting us use your facility and we're gonna have real journeys academy, the culinary students will be making us a nice lunch. So again, that's October 22nd. Also we will have Liz Brown, the battalion chief, be our guest speaker. So if anyone wants to know what's happening from all the fires out here, she'll be able to answer our questions. Thank you. And our last lunch and at the year will be on November 19th. It's moved up a week because of Thanksgiving and that will be our last lunch and at the year will be on November 19th. It's moved up a week because of Thanksgiving. And that will be our legislative lunch and also our holiday tree auction. So if anybody brings a decorated three foot or four foot tree, that will go out for auction at our lunch and that day. So we look forward to seeing some of you there as well. Thank you so much. Thank you. Welcome. Chris, well. Thank you so much. Thank you. You're welcome. Chris, you shouldn't talk so much. I know. I know. I just carry it. It's a Jane and Chris show. Where does Chris come in? I don't know. Thank you. All right. We'll move on to our consent calendar. Any items to be pulled? Carlos? I did not receive any requests. Thank you. No concern. No second. We have a motion at consent. Roll call. Council member Chavez-Cortoba. Absent. Council member Lover. Yes. Council member McCallan. Yes. And Council member Timmer. Yes, however, I don't want to make sure every. I inform them. Different numbers. I'm sure I'm sure I'm sure I'm sure I'm sure I'm sure I'm sure I'm sure I'm sure I'm sure I'm sure I'm sure I'm sure I'm sure I'm sure I'm sure I'm sure I'm sure I'm sure I'm sure I'm sure I'm sure I'm sure I'm sure I'm sure I'm sure I'm sure I'm sure I'm sure I'm sure I'm sure I'm sure I'm sure I'm sure I'm sure I'm sure I'm sure I'm sure I'm sure I'm sure I'm sure I'm sure I We're going to move on to our public hearing items. And at this time, I'm going to turn this item over, item 11 over to Mayor Prattim, Larry McCallan. I'm going to abstain and leave the room just because of the proximity of my home. Thank you. I do. This is a public hearing item dealing with the general plan amendment, zone change, et cetera. And I'll open up public hearing and ask for a staff report from staff. Here I will money introduced Tiffany Martinez. She's our assistant planner. It's going to be our first presentation. So let's go easy on her tonight. Not really. And that's all the hard questions. You thrown her into the fire. Yeah. So welcome. Welcome. Good evening, Mayor Frohtim and Council members the proposal before you is a new gated residential community located on the east side of central avenue 400 feet south of baseline. It includes a small lot subdivision of 79 Detach single-family homes and private recreational amenities. The site is approximately eight acres and currently contains one single-family home constructed in the 1950s and is surrounded by vacant land. There will be one vehicle and pedestrian point of entry to the project on Central Avenue and a secondary emergency access on Central Avenue to the south. Although the site backs up to Bruce and Cress, there will not be access at these locations. The project will have a six foot parameter block wall, rod iron gates and direct, sorry, decorative entry features. The track will include a private recreational facility with two taught lots, cell shade, turf, overhead, trellis with seating, barbecue, island, and benches. The recreational area, project seats, water quality basin, front yards, central avenue, parkway, and the interior parkway will be private facilities and wholly maintained by the future homeowners association. Individual home owners will be responsible for maintaining their respective interior side and rear yards due to the narrow lot with adequate parking was thoroughly analyzed. Each home will be constructed with two car garages, two car driveways, nine parking spots at the recreational area and on-street parking on one side of the interior streets. All homes within the track will be two stories in order to achieve the desired size for the detached homes on the small lot. There are three planned options and each planned option has three architectural styles. The current zoning on this site is R1, which permits a maximum development density of six units per acre to accommodate the Increase density of the 9.3 units to acre the applicant is seeking a zone change and a general plan Amendment amendment to plan development plan development permits the applicant to request Customized development standards and dead in city So long as they are complimentary to the surrounding neighborhoods Because there are single-family neighborhoods to the west and the south and Multifamily to the east at Jeffre court the applicable findings can be made to support the proposal An increase in density supports the adopted goals in the city's housing elements to encourage a variety of density and housing types. Also, in front of City Council, there are revised copies of the related resolutions and the ordinance. These revisions are related to the signature page as a result of the mayor's conflict. In addition, staff also inserted the term detached in the title for the conditional use permit resolution, all terms and findings and conditions, all others remain the same. I'm sorry, we don't have any of those in front of us. Which one, do you have here? We said we had some changes. Updated revisions. Oh, it was just the resolution signature pages. Oh, yeah. So no changes to the actual documents here. OK. Sorry about that. We thought we were going to provide them tonight. So I'm sorry about that, Tiffany. Oh, no, it's OK. The Planning Commission recommends the City Council approve the application. The applicant and staff are available to answer any questions you may have, the applicant would like an opportunity to introduce themselves to the council. This is the conclusion of my presentation. Thank you guys. Thank you very much, Tiffany. I will ask the applicant if you have a presentation to step up and do that for us. And then we can ask questions. Good evening, Council. My name is Peter Carlson. I'm with the Strategic Land Solutions. I'm a consultant to the applicant team. We have David Spiegel and Matt Gibson here on the applicant team. Appreciate being here with you. We do not have a formal presentation tonight. Staff has done a very thorough job and we greatly appreciate all their effort. We did have a very good discussion with the Planning Commission and we received quite a bit of input on some of some design changes to both the recommended as well as some of the architecture. Those were incorporated into the package that went to you. So we have accommodated all of the Planning Commission recommendations. We've reviewed the conditions of approval and we accept those conditions and we've worked well with staff on all of the necessary conditions. So we're here for questions if there are any. Thank you very much. Thank you very much. Councilor, questions of staff or the applicant? Well, I'll start. What's your button? I reviewed the Planning Commission minutes. And there was a discredited discussion about the recreational area and the materials used. I still don't really completely understand with all the issues with for years they used sand and then they went to bark and then they went to rubber rise material and they all have inherent problems with animals using those facilities. And I'm concerned with the safety of kids playing in that kind of, what is the final result with the planning commission on what the materials in the recreation facility, the top lots and so forth, what actually is going to be proposed and being done. Just for a quick review for me. Thank you. No, that's a great question. And I have some updates for you when there's still some design work to be done. Is the answer. So when with the planning commission, we got very good feedback on the taught lots and designing the taught lots to accommodate a range of children. So there's actually two taught lots and they have the younger kids and then slightly older kids. And we wanted to have them separate, but we also wanted to have, and one of the commission's comments was to have facilities that were accessible to all children. Whether it be kids with special needs or every kid. And so we're going to take that input as well as we had a conversation about all of the materials and that's going to go into the final design plans. And we have accommodated the change with the two different taught lots as well as moving park space around. There was a grass, the turf area. There was a comment about shifting the turf area to the south, flipping it with the seating area so that the kids could be within the taught lot and then transition right to the turf area. So there will be a variety of materials within that play area including turf including the protective material underneath the Totlott equipment and then there's also some hardscape around it so the kids can ride you know little bikes or tricycles and scooters and cruise around within that park area. So I'm trying to accommodate a whole lot of uses that we can do to increase the inclusion around within that park area. I'm trying to accommodate a whole lot of uses. Underneath the specific top lot of equipment, I don't know exactly what that material is. That's going to be in the final designs with our landscape architect and then go through city review. But the goal and hygiene and all of those components. Thank you. A question of staff. This is gonna come back for design review, right? That's very good. Sorry, I've been in design review. Would you like to read comments? No, he says the top law and all of stuff's gonna come back for further review. No, actually the Planning Commission did review it as a design review application. So the concept was approved. So now what the applicants pointing out is some of those details. That will be reviewed under Plancheck and Safety, Material, Recyclable, Recyclclability, shade, all that stuff, and even the landscaping. So there's no other review in other words. Other than staff is going to come back to staff. This is it. Yeah, it's a council. Thank you. Another question is on the detention basin. That area of this project is relatively flat. And I can anticipate that detention basin being overflowed. Where will the water run? I can see there's a facility comes out to central. Is that anticipated that is going to be used for the overflow? I'm going to ask Matt. We always think that the water is going to be contained in the detention basin. We all in that area, we get some pretty heavy storm sometimes. Yeah, you're asking about the water. And my concern is where the overflow is going to come from that detention basin. Good evening, Mayor Pro Tem, council. The overflow from that basin would drain southerly towards crest. There is a discharge over there. It's a 100-year base. The basin is designed at a 100-year capacity and will discharge out into crest through a, I believe, as an underside drain towards that, west-relay direction. Yeah, then it will drain out to central right? That's where that press goes out to press drains Westerly towards I can't think of the street cutting him Yeah Well, I just drove by there and there's a concrete facility That they on the map. It's called crest and it flows to the east and it also flows to the west. That's why I'm asking the question, where is that water going to flow to? So there is a drainage system. We've had flooding issues in that area for years. We fixed it quite a few years ago when we put a huge storm brain system in. I want to make sure this facility drains into the stuff we designed. The system does drain into the drainage system. If it's over topping the capacity at 100-year, it'll drain into the roadway at crest and drain westerly towards Cunningham. There is a drainage system in there designed for the 100-year flow that the system is connected to. But if there's an overflow condition, it will drain into the roadway. Portions of that roadway will be constructed for that westerly flow. I think the only the curb gutter on the north side was going to be constructed for that portion of crest, adjacent to the basin. This design will facilitate drainage going to the west, down through a residential neighborhood. Yes. Okay. Thank you. Any other comments or questions at this point? I have listened to some other comments. I got some more concerns. But any other comments? Well, I'll jump in, I guess. No, I will. Speaking of the park, I have concerns about where it's located. Why is it located right at the entrance? And can it be moved. Yes, Mayor Pro Tem, the park is located at the entrance, really for two reasons. One is, when you drive into the community to have not have houses where headlights can intrude on living space, but to have a park area that has greenery and it provides an entry amenity and green space for aesthetics as you enter the community. It's also relatively centrally located at the entry. It can be moved but that was from our design review of the site. It felt like it was in the right location, given circulation within the community and given that community aesthetics. The other issue I have, and if I'm going to vote for this, we made the external wall to be eight feet, not six feet all the way around because it's it's going to be a security issue and the fact that six feet you can look over and we just need eight at least eight feet. Not a problem. We're happy to accommodate that. We designed it to six feet per city code and so going to eight feet. If that's the council's pleasure, we're happy to accommodate that. Well, I would think it would need to be a homeowner's association. If that's the council's pleasure, we're happy to accommodate that. I would think it would need to be eight feet because if it's a homeowners association, all of those houses that back up to the commercial areas are going to want to put additional fencing up. The homeowners association association is going to have a lot of applicants for do that and it's it's going to be a mess so we need to have eight feet to begin with. Happy to accommodate that. Any other comments or questions? I just have some concerns of this is not a reflection on the project is I have a concern about the high density. I know we're being led down the path by state law and what we can do and what we can't do. I have a concern but I'm not sure what we can do anything to remediate that. The other point that really jumps out is the parking within the Pryno staff mentioned they meet the code, but a lot of those units are for bedroom units and they're going to generate more than a couple of cars per and we all know that people use their garages for storage. They don't use them parking. I can see an ongoing conflict within this project with the limited parking and one side of the street not allowing parking because the streets are a little narrow weather because the private streets. I have concern that this is going to be an ongoing problem. I'm not sure what the result is but it's just I just want to have, I guess, present a concern about parking and the density. I've always liked projects that have variety and these are all two-story. I like to see some single-story, so there's a balance and a mix. But I know the lots of 25 hundred square feet, what, 35 hundred square feet? It's kind of hard to build a single story on that kind of small lots. So I have a concern about the density and the parking. I'm not sure that it's a resolve at this point. I just want to voice my concern that it's in the minutes. That there's a concern, that's all. Okay, can I recommend that maybe we, that it's in the minutes. There's a concern, that's all. Can I recommend that maybe we, since we have the developer up here, if there's any other questions for the developer, that we ask those questions now, if possible, and then we can see if there's other public comments. So we can hear from the public, and then we can know our... That's why I'm asking the questions now, because I can't close the public hearing if we've got more questions I could develop her. Oh correct. Yes. I just want to make sure that everyone has a chance to ask questions and if there's public comments before we close the public. We will do that. Thank you. Any other comments your questions at this point? Yeah, I'm going to bring up probably another real sensitive issue, maybe it is. Most of the projects we've approved in Highland in the past, we had a special assessment in the CFD or whatever you call it for police and fire to provide resource for police and fire. I know that's not included in this and I would like to have some council discussion if that's appropriate at this time to talk about adding something as a condition reference a special tax for special fee tax whatever you want to call it for police and fire many other developments in the city of Highland have been doing that for years. And the concern we're reasonable bringing that up is this is a high density project. And in my experience and I'm sure law enforcement will confirm and fire will confirm high density projects require more responses than low density projects. So I want to look at a mechanism that we can add a police and fire fee to the individual lots for this project and I'm not sure how we get there to resolve that. We'll discuss that after we close the public hearing. Oh, okay. Can I just respond to the comments and the questions on parking and density? Please do. Since that was brought up, parking. the comments and the questions on parking and density. Just really. Please do. Since that was brought up, parking, remember this is a conventional designed single family detached subdivision. So it has, you know, each house has a two car garage. Each house has a full length driveway that parks two park, has room for two cars. And there's parking on street on one side of the street, as well as another nine spaces adjacent to the park. So we completely understand the concern on parking, and I wouldn't really characterize this as a high-density project, I would call this as a medium density. Because- The first city it is. Well, when you look at, and that's really why we've designed it the way we have because across the street, right, you have the apartments which are at 22 and a half dwelling units per acre. So that is high density at 22 and a half. And then you transition into the six unit per acre of the existing single family to the west. into the six unit per acre of the existing single family to the west and where we've designed it is in the middle at nine and a half. It's actually on the low side of the middle at nine and a half, nine point three units per acre. And so the idea here is that this provides a housing type within the city for home ownership of a detached house albeit it's on a small lot but it provides, it's more attainable in that situation. So this is where somebody's transitioning from an attached higher density type of a house but can't afford something that's at the very low density and so this provides kind of what we term is the missing middle. It allows for that attainable type home ownership in a detached setting with a two car garage and a two car driveway and a park and all the amenities that come along with living in a detached neighborhood, as opposed to a higher density attached, multi, attached multifamily type of a project. And so that's really where we've designed it is right in that middle and across the street there's 22 and a half in the apartments that's right there and then just to the south of that it's zoned for even higher. It's up to 30 units to the acre just to the south. And so that is multifamily, very high density. And again, we're providing that transitional type of a density for that home ownership opportunity. So I just wanted to address both density and the parking. Thank you. Thank you. Since one side of the street will be done for parking, is there gonna be signages that says no parking on the other side? And will it be striped to red or what? Yeah, it would be red painted, yes. Okay, for fire. Okay. Fire. Absolutely. Thank you. I have no speaker, so lips, this is a public hearing. Is there anyone in the audience who wishes to speak either forward and answer this item? Saying none, I'll close the public hearing and bring it back to the council good idea. I just want staff to look at how we can create a condition either tonight or if you have to delay the project for 30 days to come up with some language to address. I think it's a good idea. I think it's a good idea. I just want staff to look at how we can create a condition either tonight or if you have to delay the project for 30 days, to come up with some language to address special fees for police and fire, and of course, that would have an inflationary clause in it as well. So what we could do is add a condition tonight that says, prior to the issuance of a certificate of occupancy or if you guys want an earlier trigger than that, the developer shall establish a funding mechanism acceptable to the city. So, you know, it would have to be approved for the additional public safety services, police and fire caused by the project. So it's just for that extra amount of services that are specific to that project that would be added, that would be part of the CFD. And the language is just kind of talk about, we'll address the concern that we can do that tonight. Yeah, so it would be a establishment of the funding mechanism, which could be the CFD, would could be a funding mechanism to, or the developer could just say, here's the money to do it. Do we need to have the language now so the developer can hear what we ask? Yeah, so I can read it again for your consideration. And again, the other option is we could continue this item so that we can further flesh out the condition. So prior to the issuance of a certificate of occupancy, the developer shall establish a funding mechanism acceptable to the city for the additional public safety services parentheses, police and fire caused by the project. the plan is to make sure that the plan is to make sure that the plan is to make sure that the plan is to make sure that the plan is to make sure that the plan is to make sure that the plan is to make sure that the plan is to make sure that the plan is to make sure that the plan is to make sure that the plan is to make sure that the plan is to make sure that the plan is to make sure that the plan is to make sure that the Real quick conference here, I think we understand the concern. I think we're amenable to it. I think the language is fine. I guess the one question slash concern is, how do you calculate that additional fee? Right? I mean, the devil is in the details. So as long as you can give us just a little bit of structure in terms of how that calculation is going to be made so that we are, you know, we have some, you know, guardrails on it, then I think that would make us feel better. Would you feel better if we continue this to get that language? We would not be able to come up with that tonight. So the actual correct. Sorry. We would not be able to come up with that tonight. So the actual per- I'm sorry. Oh. Oh. Turn it over. So we would not be able to establish those parameters tonight. And I do acknowledge that sometimes for CFT's, you have those studies done ahead of time. You've got the amount allocated. Since this is a last-minute edition, none of those studies have been done. I understood that. And that's not what I'm asking, and no, we would prefer not to have a continuance. I think the question is just in concept. What we would do, for example, is we would look at the budget for police and fire. We would look at a per capita, you know, and turn it into a per capita cost. We would then apply that per capita cost to the project. Something as very general as that is kind of what I was, you know, thinking of, we're not gonna solve it. We don't have the studies. We don't, I'm not asking for numbers, you know, not asking for detail, just the concept of how that calculation is made. Council if I may. So typically when creating, so there, the typical way to get funding is a public safety CFD to the developer's point. There are some studies out there to really establish these rates. So in my opinion, the CFD is the appropriate way to go about it and to establish one, it requires city input and the developer to agree. So I think that would address the concerns that the developer has and the council has. That would be fine. And I presume this is a process that you've done. You said that it's been done on multiple other projects so we would have in the past. So we would have that as a playbook in terms of how we would do this. It's very similar to the landscaping CFD but obviously a different service. Okay. That would be acceptable to us and appreciate the clarification. Thank you. And the direction to staff would be that there has to be a CPI or some sort of escalation and there can't be fixed. Okay, I'll close the public hearing again and bring it back to Council for further discussion action. Well, there's no further discussions. Do I go ahead into a motion with the establishes in place? With the changes dealing with the eight-foot wall, the CFD. Everything. the commission. So, I think that's a good question. So, what is the commission's in place? With the changes dealing with the 8-foot roll, the CFD. Everything. And do we also want to incorporate there had been a discussion about the taught lots and incorporating the planning commission's recommendations on the there that's going to go later to staff for further review. I don't think when you condition I think those are good directives in the minutes. I'll pass that on. The planning commission was in there. Very similar. Yeah. Right. So my concern was just making sure that the City Council's directive includes that planning commission recommendation. So it's part of the approval of the project. But I don't know this is the planning commission. Our conditions include the wall height. Thank you, Mayor Morton. Pro Tem, I was looking at the code just to see if there was some flexibility. And we did modify this code a few years back and we did tap it at six feet and so going eight feet would require Some kind of variance and I'm not sure in this flat property. I can make those findings And so the code is very clear at six feet But does it need to be a condition of approval? That would be a variance Unfortunately, we can we can do that tonight be a variance. Unfortunately, we can do that tonight without a variance. So what is your suggestion? Well, I was suggesting that we keep the six foot, because that would be consistent with the code. There are exceptions for when there is an environmental study, when there is an impact, and you just screen or there is a noise impact. But that applies to commercial projects. It's pretty clear in the code that I'm looking at right now. It doesn't allow the flexibility for residential areas. Single family at six foot. Now there are slopes. There are provisions for retaining walls to be added to that to account for that. But this is a flat piece property and it's I don't know if I could add those two feet. I don't know how to do it. Larry, it butts up to a commercial project. So the diary is directly next to that. Yeah, maybe on that side I could do that. Let me look at my map real quick. So if you have it on the right page. Yeah, okay, there it is. Yeah, potentially on the north side along that commercial corridor. We could probably make findings to support the additional height on that northern side, but along the residential areas, it's going to have to be six feet. No, it's going to be head. I'm just trying to say what the code says. And it does allow the director to minor adjustments up to a percentage, certain percentage. And I don't think that's too feet. Major variance. I would have to possibly table this. That particular section, that item. and let me explore some design, and look at it in more detail, and look at some of the findings. These are state findings, by the way, nothing that I can make up. I have to look at physical constraints and probably bring it back for consideration, that the wall height. Well, I think we can't just take one part of the project out. So it's got to be a full approval. And I do want to note that this, because it's a general plan and amendment, requires this, and certainly three of you, a three-o vote. So if that is kind of the requirement for Mayor Provin, McAllen's vote, then I think the best course right now would be to continue the item, allow staff to look into the wall issue to see whether a variance or some other mechanism is available to get to that eight feet. Can we have the developer commit to certain doing it? He did verbally commit. He did acknowledge your right foot. He said in the record that he would be willing to do that. I just looked at the code and it does cap it off at six. So as Jess said, I'd have to go back and create some findings to support that additional height, unfortunately. And then we'd have to go back to the Planning Commission because it would be a variance and so the variance, it's we're now changing the project from what was considered by the planning Commission and it's a it's a different kind of entitlement that's being added which is I'm sorry. I don't know why this is the variance is another entitlement and so in order to Add that it goes back to planning commission for consideration after obviously staffs had time to look at it and then their recommendation would have a good time. I think it's a good idea to have a good time. I think it's a good idea to have a good time. I think it's a good idea to have a good time. I think it's a good idea to have a good time. I think it's a good idea to have a good time. I think it's a good idea to have a PD application and in the PD application we have the ability to deviate from some development standards. And so if I were to change our application verbally here right now to an 8-foot perimeter wall, that would be part of the PD application, not require a variance and I believe that you could then approve it with that change to our PD application. Well, yeah, I feel like, you know, I don't always try and look at the code sections, but it is specific in terms of the limits to the standards. You're talking about setbacks, heights of buildings, things like that. But we get development standards, right? In the PDs, setbacks, things like that. Well, and does that only do that? That's a lot of sizes. That doesn't allow for, I thought we could do that. It's not, you't consider to grandparents. There are certain standards that are locked in, and I'm just pointing one out for you tonight. Right, I'm sorry. Well, I'm just trying to make this work because I'm good with eight feet. And this is just a process issue. So if the PD application were to say eight feet here verbally, council can approve it. We go home early. Everybody's good. I am looking for some kind of adjustment here. Larry. Yeah. I'm in my memories, no, always the best anymore, but I remember in the past, we've had discussions and approved eight foot walls. But I don't remember the process we went through, whether we need a variance as always, a part of a project. But I know we've done that in the past on several occasions. We've done a lot of minor variances for those things. The code does allow the height up to 10 feet, in some cases, when you're continuous to industrial area commercial. And so there are provisions in the code that allow that flexibility. So you don't have to do a variance. But it's pretty clear when it comes to our residents. My understanding was we didn't want to block them in. So we had that in six foot high. Unless there was a study to convince the city that a variance is needed to protect the residents from noise or light and things like that. But you can justify that with additional and landscaping as well. So we use a lot of different design techniques. Yeah, there's, let me check one more section here. Sorry. I have another suggestion. Let me check one more section here. Sorry, can you take a break so you can do some research? I have another suggestion. Okay. Go ahead. Well, Larry's looking at the code. What if the top two feet of the wall was not solid block, but what if we added a wood trim on the top with some landscaping that provided slats and acted, you know, as part of the wall and the screening. And I'm just wondering if this gets us by, you know, kind of a strict code interpretation at eight feet of the block wall. And we do kind of a screen on the top to add the additional two feet. Trying to figure out a solution here because we all want the same thing and it seems kind of crazy to be, you know, just kind of stuck procedurally. So I don't disagree with you. Unfortunately, it doesn't mention the materials. It's the height of the overall wall. It doesn't look at wood versus block. So we want to take maybe a brief recess so that I mean it's entirely up to you but that way Larry has a little bit of time to look into this. It's a try to see if we can accomplish it tonight and if not, then I would recommend maybe a continuance to have him have more time to look into it. I think I just need five minutes, that's all. We'll take a brief recess for 10 minutes. We'll do those, all right? I'm up now. Okay. Thank you, Mayor of Pro Tem, Council. And after review of the Highland News Book Code, chapter 16.12, special districts, related to plant development districts. The mechanism chosen this evening is a conditional use permit to codify the standards. Through this process you can set forth the standards for heights of walls which have a meeting with the staff. Which is a topic and the directive I was given to look at. So that being said, we were able to go up to eight foot on the walls this evening. So. And how do we get that? Cutter cutified in whatever. We can look at the conditions. And as we go through the discussion, I can see if I can find one that's related to it. Otherwise, we'll just add a condition. I didn't see any condition from walls at all. Okay. If it's acceptable to the council, we'll just add a condition that the boundary walls and be a minimum of e-foot high. Sorry, you've got the language that we can include. We can use that language there. If that suffices, that I can include. We can use that language there if that suffices that I just stated. Madam attorney is that sufficient? Yes. Okay, so we have a motion and a second dealing with some changes, right? One to the, have the condition for the 8 foot wall. What are the others? I can read I can read it again for the record. So prior to the issue and so the certificate of occupancy, the developer shall establish a funding mechanism acceptable to the city for the additional public safety services parentheses police and fire caused by the project. The CFD must include an escalator. The second condition that's being added is that the boundary wall shall be eight feet in height. And then the last one which I wasn't sure if it was being added or not was the requirement pertaining to the taught lots based on the planning commission's directives for those taught lots, which I think the developer spoke about during his presentation. Okay, we all understand the motion, right? Very good, with that, I'll call for a vote. All those in favor? Aye. Aye. Any opposed? Aye. Not opposed. 4. This button is smarter than I am. So what is unanimous? 3 0 and 1 abstention. We will read all those resolutions. Read the adoption of resolution numbers. the resolution. With the adoption and resolution numbers, 2020 4-046, 2020 4-047, 2020 4-048, 2020 4-049, and 2020 4-050, with the proposed modifications that we have to amend on the resolutions. And then we'll introduce ordinance number 466. In ordinance of the City Council, the City of Highland, California, approving zone change, ZC 24001, to change the zoning designation of three parcels from single-family residential to plan development. Related to a development consisting of 79 single-family lots and common areas on an 8.3 acre site located on the west side of central Avenue approximately 400 feet south of baseline. Very good. Thank you. Madam Mayor, you can return. Thank you all for attending. I think we've got it sorted out. Thank you. I'm going to item number 12, the rejection of the bids. Good evening, Mayor, Council. The item before you is related to the Blood Soul Stormdrain Project and the recommendation tonight is rejection of BIDS, just the refresher of the scope of the project. So this is a repair or the improvement of a storm drain that's located just south of the eSan and Ranch HOA, Spring Lake House Facility, or Clubhouse. And we had plenty of interest in the project. We had eight bids, but unfortunately they were much higher than what we had budgeted. So pricing ranged between just under 1 million everywhere to 2.4 million. And on top of the construction contract, we also have construction management services and environmental services to account for. So we're short roughly about a million dollars. So the plan the city has or city staff has is to evaluate the project to see if there's any cost saving, cost savings as part of the design that we can implement, but we do expect because of the big funding gap that we'll need a secure additional funding to proceed with the project. So what we're doing is investigating any short term or quick solutions to provide some support because it is an important project city in the community. So with that, we are recommending that council reject the bids. Thank you for that. Big difference. Any questions for our activity? Yeah, I might not have met him here. Do we have any idea of why the beds are much higher than our scopes, or material issues? Yeah, the inflation issue. Excuse me. The combination of inflation, construction cost, that if you go to the site, you'll see how challenging it is to access it. So that was the big reason at least the input that I received for the higher costs. Right. Okay. Any other questions? No motion? We have a motion by Mayor Proton Larry and is that a second from Anna-Hellie? All those in favour? Any opposed? Great. Thank you. We'll move on to item 13, the construction and construction management services contracts and we have the four items. Hello again. So I have better news for this project. So the item is the Natural Parklands Trail Project, which is to repair the existing trail at some modifications to the trail. So we're introducing some switchbacks for improved accessibility and improved parking area and an observation area with benches. So that's the scope for the project. And before I get into the details, I wanted to point out that we initially had this item scheduled for the September City Council meeting, but unfortunately we pulled the item due to the line fire. So since then we were concerned that there were significant damages to the trail. So as soon as it became safe to visit the site, you know, city staff and Larry and myself, our design team went out and assessed the damage and confirmed that the damage was not significant enough where we needed to make changes to the scope. A lot of the damages, unfortunately, how to do with the vegetation, but the trail itself was in the same condition that it was before. We were comfortable moving forward with the project and we did confirm this with the contractor that was a low bidder to make sure that they were also comfortable with moving forward with the project but to summarize the contracts tonight so we had we only had one bid the bid was 1.4 million dollars and the good news is that it was under the engineer's estimate of 1.5 million. So they're an experienced contractor. We check their references and we do recommend. We move forward with them. With this construction contract, we also need construction management services. So we put out a request for proposals. And based on the evaluation, we selected ERSC as the firm to provide these services. That contract is or that task order is roughly $190,000. And in addition to that, a dollar amount we're also recommending a 10% contingency. In case there's any unforeseen conditions during construction, especially since this area was impacted by the fire. One really good piece of news here is that this project is funded through a, 90% of the project is funded through a state grant. So very good news there. And the other 10% is the last item that's on the recommendation, which is to, so we initially plan on using ARPA funds, but due to the ARPA funding restrictions, we're recommending using GCF as the funding source to capture the 10% local match. So that is a recommendation tonight, and I'm happy to answer any questions you may have. Thank you very much. And when does that have to come? Does that come to the finance subcommittee? Does that have to go through any other for the additional, for that transfer of the funding? No, the budget adjustment can be done by the City Council at this meeting after this time. Okay, thank you Mayor. Yeah, and to add to that, we did take an item related to ARPA to the Finance subcommittee back in July, which did mention the ARPA funding constraints and the subcommittee approved a plan to set aside the funds that were, the ARPA funds that were originally set for public works projects in GCF. So essentially we're just transferring the money. Thank you. Any questions for Octaveal? Okay. Can we approve all one, two, three and four in the same motion? Yeah, just motion-approved staff recommendation. Thank you. We have a motion by John Timmer and a second by Anna Ellie. All those in favor? Any opposed? Hearing none, we'll go ahead and move this item. Item 14 are city managers report and comments. Yes, thank you Mayor and City Council. I have a few items. A few updates to provide the council. So start with the police department. This would be for the period from September 9th through October 7th. They received 3,043 calls made 294 reports. 130 arrests, 74 citations. 254 traffic enforcement stops. 60 traffic collisions, which included hidden runs. 15 toad vehicles and 28 transient related calls. and the number of vehicles that are available to the public. The number of vehicles that are available to the public is 24 traffic enforcement stops, 60 traffic collisions, which included hidden runs, 15 towed vehicles and 28 transients related calls. From the fire department, sorry, for the fire department for the month of August, they responded to 589 calls for service, some and 47 medical rates, 26 traffic collisions, 12 structure fires, 23 vegetation fires, and six vehicle fires. I just want to make a quick note about the upcoming 2024 general election, which is November 5th. It's actually only 28 days away, so it's coming up quickly. Early voting begins this week. Residents can take advantage of the 24 hour mailbox located Early voting begins this week. Residents can take advantage of the 24-hour mailbox located in front of City Hall. It will be open 24 hours until the closing polls at 8 p.m. on Tuesday, November 5th. Vote by mail ballots can be returned by mail. Dropbox locations are the county elections office. Please go ahead and vote. We also have a box inside of City Hall. Yes we do thank you, Larry. And which has picked up regularly? It is. Next from the Public Works Department, we have some updates regarding the line fire in the direction given by the City Council to go back to the Public Works subcommittee. So I want to give a quick update on that. Staff has been working closely with Cal OES to assess damages from the fire and secret embarrassment for repairs. Most of the impacted improvements are with any silence ranch HOA and we are working closely with them to see if we can get them this funded work or this work funded as well. Although no structures were damaged there was significant impact to the hillside vegetation, and city staff is working with federal, state, and county teams on that effort. Assessments of the burn areas are underway, and city staff will be using information received from expert reports along with prior experience to get ready for the upcoming rainy season. A detailed update and findings, I'm sorry, a detailed update with findings and recommendations will be provided to the Public Works of Committee later this month for consideration. Soon we will have another project under construction, advertisement for this project, which is Greenspot Road, Media and Parkway improvements between Boulder Avenue and Stey Road 2 to an interchange schedule this week with a bit opening on October 30th. This project will improve access to and from the new Costco and neighboring shopping center by modifying the median to include a 300 foot dual eastbound left turn lanes onto the site at the Chevron intersection, constructing a 200 foot westbound dedicated right turn pocket at the driveway entrance, restriping the right turn pocket for westbound stay route 210, on ramp to allow dual right turn pockets. So right now there's only one, so we would restripe that to provide two. And then restriping the e-spound center stripe to lengthen the e-spound left turn lane to provide to. And then restriping the eSbound Center stripe to lengthen the eSbound left turn lane to 330 feet. So this would be the left turn pocket that's currently closed because there's no development on the north side, but with it coming in, there is an area to widen that or lengthen that left turn pocket, single lane left turn pocket. So this will do that tooth. We are working with the two restriping changes for the project. We expect to bring the project to council for a award at the next meeting on November 12th. Whether permitting, we target completing a construction late February early March of 2025 to coincide with the grand opening of the Costco. For in that light, the rest of the median there is needs to be finished because of the construction of East Valley Water District's pipeline. Yes. Who's responsible for that and when is that going to be done? So we are working with east alley water district is responsible for restoring that landscape area and this would be the area at the intersection of green spot and Webster. So we are working with their staff. We have given them some information that they were seeking. And so we are waiting on their response on how they are going to proceed with that. the city's landscape contractor to do the work so we've given them an estimate they would work under their contract or balfour and baby to do the work so that is one option that they have or they may consider a different option but we've presented this information to them and we're just waiting to hear back. They're actually here if that something we want to see if they're prepared to give us the information on. Sure, I don't know if Phil would be ready to do. Phil, do you come right away? Maybe you do or don't have the information. This is news. But I can take notes I can follow up. Because just know what we're becoming forward. Okay. Thank you. Are there. If there's no other questions, I'll get back to you. So, Berthick, for the month of September, they completed 190 illegal dumping work orders, so they've been busy. Okay. So, I'm going to go ahead and go ahead and do that. Okay. I'm going to go ahead and do that. I'll get back to it. If there's no other questions, I'll get back to it. So, Burntech, for the month of September, they completed 190 illegal dumping work orders, so they've been busy. We have three events that are coming up. One is an open house at Fire Station number three, located at 7,649 Sterling, Navenew. That will be on Saturday, October 12th, from 9 a.m. to noon, or to 2 p.m. Excuse me. Second, we have the red ribbon week. It's being celebrated October 23rd through October 31st to highlight the importance of living a drug-free life. And then the last event that's coming up is the Highland Improvement Team or HIT. It's scheduled to do the next cleaner project on Saturday November 2nd from 8 a.m. to 12 p.m. Folks interested in volunteering to help with this can contact Denise Moreno for more information and volunteer services. From community development department we have a couple updates there. On October 1st the planning commission approved a design review entitlement for 94 detached residential units inclusive of too many parks community trails located within final phase four of the mediterror plan development at the East End of Green Spot Road. The merchant builder has not been identified, but as soon as we know that we'll provide that to the council. And then the last item I have for you this evening is code enforcement division. And Highland Police Department will be collaborating with the San Bernardino County Department of Public Health with inspections and enforcement efforts related to illegal food vendors. This collaboration includes scheduling periodic joint field inspections and enforcement efforts during the evening hours over the next few months. Both the city and the county agencies have been meeting to discuss policies, procedures, and legal aspects related to food vending in preparation for the upcoming enforcement efforts. I have to deal with that. Good, and that concludes my report. Thank you very much. It's just one question. One question of all up on the activities of after the Line Fire you mentioned, staff is working with federal state officials. Have we coordinated anything with a San Bernardino County flood control since a lot of the facilities come directly through Island? What are they planning, I guess, to historically they used to go into some of the drainage and remove a lot of the vegetation, but they have been limited because of environmental concerns. I was wondering if they are trying to get some kind of special exemptions to go in and make the some of the flood control facilities flow easier to remove some of the mud flows in water rather than getting trapped in all the vegetation stuff and then divert over the. I just want to make sure that flood control is looking at some of their facilities and what they can do to enhance the protection for our citizens. Yes, so I can tell you that flood control staff is evaluating the impacts of the fire just like Island and public work staff has been meeting with them to discuss those very issues that you've just outlined. Octavio, did you have anything to add to what I just said? I think you summarized it well. You already see them in action after the small rain event. There's some debris and there's some reactive efforts there, but they're also undergoing proactive efforts, just an anticipation of future events. So we are in close contact with the flood. Yeah, so some crews in Bloodsoat drainage between Webster and Boulder, they removed all of vegetation, but that's a concrete channel. So that hasn't been environmental issue in the past. The one I'm really referring to is City Creek, which is just about overgrown now. And if they don't remove some of that stuff, I think we're going to have some major impacts to the city. Yeah, what we can do is we can connect with them and ask what they have planned and we can provide a report during the public work subcommittee. Okay. Thank you. Thank you. What's going on? You forgot the volunteer recognition too for the for the city. Yes, that event is coming up, but it's not open to. Yeah, the invitation. Looking forward to that. I'm busy month, the fire police. Thanks for the good job out there working hard. We appreciate it. A lot of calls for the police, so lots going on. So thanks for holding the fort down. Council member comments? Oh, I had the pleasure of kicking off the Discover Highland Run with Scott Ward so that was nice. I saw who he's like, is he here still? No, I saw him come okay. He ran it which was cool. You don't want to do that next year with him but I had the opportunity to kick it off so that was a nice attendance other than that nothing else to report. Thanks for covering. I've always said enough. Anything Larry? Just to let everyone know in September I went for a week to Xinjiang China for AQ&D. We were there to sign a memorandum of cooperation with one of the shippers out of there and also with Port of Long Beach and AQMD. And it was a very productive trip. We also got to go to the BID manufacturing facility, which electric vehicle cars and buses and everything like that. And their technology is very interesting, especially dealing with batteries, electric batteries. And if the United States doesn't do something, China is going to eat our lunch pretty soon with the technology. So I got to ride in one of their EV car race cars, if you will. And the acceleration was absolutely fantastic. And then we went to Hong Kong. And this did the port there in Hong Kong also. So we're trying to, the reason we're trying to do that for AQMD is to try to get the ships that come into our ports here to use cleaner fuels like methanol or ammonia rather than diesel or some of the high sulfur and high particulate matter, which is the largest source of air pollution right now in Southern California, is due to the activities at the port of Long Beach and LA. So if we can get the ships that come in to have cleaner engines, if you will, but will be significant improvement to our quality, that's all I have. Thank you. Thank you for that report. I have nothing other than the senior center had their re-grand opening. Appreciate everyone who came and supported it. And then this Saturday is the craft fair and pat and cake breakfast. So anyone wanting to do their fall shopping? Come over and visit us. Other than that, we're going to close in and join in memory of Olin Jones from Emanueo Baptist Church and I think that's all I have. So with that we'll go ahead and adjourn.