FIRE DEPARTMENT. Where used in said California Fire Code, it shall mean the Fire Department of the City of Highland.
JURISDICTION. Where used in said California Fire Code, it shall mean the City of Highland.
MODEL ROCKET. Any toy or educational device which weighs not more than 500 grams, ( 17. 637 ounces, or 1. 1 pounds) including the engine and any payload that is propelled by model rocket engines.
MODEL ROCKET ENGINE. A commercially manufactured, non -reusable rocket propulsion device which is constructed of a nonmetallic casing and solid propellant, 7 -11-
wherein all of the ingredients are self-contained so as not to require mixing or handling by the user and which have design and construction characteristics determined by the State Fire Marshal to provide a reasonable degree of safety to the user.
SPARK ARRESTER — APPROVED. An approved spark arrester shall mean a device constructed of stainless steel, copper, brass, or woven galvanized wire mesh. The spark arrester screen shall have heat and corrosion resistance equivalent to 12- gauge wire, 19- gauge galvanized wire or 24- gauge stainless steel. Openings shall not permit the passage of spheres having a diameter larger than 1/ 2 inch ( 12. 7 mm) and shall not block the passage of spheres having a diameter of Tess than 3/ 8 inch ( 9. 5 mm).
The screen shall be mounted in or over all outside flue openings in a vertical or near vertical position, adequately supported to prevent movement and visible from the ground.
SECTION 15. 06. 060. Subsections 307. 1. 2, Material Restrictions, and 307. 1. 3, Burning Operations, added.
Subsection 307. 1. 2, Material Restrictions, and 307. 1. 3, Burning Operations, are hereby added to Section 307. 1, General, of Section 307, Open Burning Recreational Fires and Portable Outdoor Fireplaces, of Chapter 3, General Requirements to read as follows:
307. 1. 2 Material Restrictions. Open burning of rubbish containing paper products, trash and debris containing non -organic material is prohibited. 307. 1. 3 Burning Operations. The burning of salvage vehicles and salvage or waste materials shall be prohibited.
SECTION 15. 06. 070. Subsection 503.2. 3, Surface, amended.
Subsections 503. 2. 3, Surface, of Section 503. 2, Specifications, of Section 503, Fire Apparatus Access Roads, of Chapter 5, Fire Service Features is hereby amended to read as follows:
503. 2. 3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all- weather driving capabilities. Turf block, Ritter Rings, Turf Paver Gravel and other similar products shall not be used for fire department access surfacing.
SECTION 15. 06. 080. Subsection 503. 2. 7, Grade, amended.
Subsection 503. 2. 7, Grade, of Section 503. 2, Specifications, of Section 503, Fire Apparatus Access Roads, of Chapter 5, Fire Service Features is hereby amended to read as follows:
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503. 2. 7, Grade. The gradient for a fire apparatus access road shall not exceed the maximum 12% unless approved by the Fire Code Official.
SECTION 15. 06. 090. Subsection 503.4, Obstruction of fire apparatus access roads, amended.
Subsection 503. 4, Obstruction of fire apparatus access roads, of Section 503, Fire Apparatus Access Roads, of Chapter 5, Fire Service Features is hereby amended to read as follows:
503.4 Obstruction offire apparatus access roads. Access roads, private roadways, and public roadways shall be provided and maintained in a passable condition at all times. Any obstruction or impedance to reasonable access may be removed by any public safety agency with the expense of such removal to be borne by the owner of the roadway, or in the case of an obstructing vehicle or object, by the owner of said vehicle or object.
SECTION 15. 06. 100. Subsections 505. 1. 1, Address Illumination, 505. 1. 2, Commercial Addresses, and 505. 1. 3, Map Directory, added.
Subsections 505. 1. 1, Address Illumination, 505. 1. 2, Commercial Addresses, and 505. 1. 3, Map Directory, are hereby added to Section 505. 1, Address Identification, of Section 505, Premises Identification, of Chapter 5, Fire Service Features to read as follows:
505. 1. 1 Address Illumination. New structures of all occupancies shall provide address identification with illumination during the hours of darkness. Illumination shall be of the high efficiency type meeting provisions of the energy code. Addressing for Occupancy Group R-3 shall be provided with internal illumination. 505. 1. 2 Commercial Addresses. All new and existing Group A, B, E, F, H, I, M, R- 1, R- 2, and S occupancies shall be provided with minimum eight ( 8) inch address numbers. Occupancies with multiple tenant spaces shall be posted with a minimum of four ( 4) inch contrasting tenant specific identification displayed over their main entrance, additionally, tenant spaces with rear access shall provide minimum ( 3) inch contrasting address numbers on the rear doors.
505. 1. 3 Map Directory. A lighted directory site map shall be installed and maintained at each driveway entrance to multiple unit residential projects where the total number of units in the project exceeds fifteen ( 15).
SECTION 15. 06. 110. Subsection 605. 8. 1, Residential Incinerators, amended. 9 -13-
Subsection 605. 8. 1, Residential Incinerators, of Section 605. 8, Incinerators, of Section 605, Fuel -Fired Appliances, of Chapter 6, Building Services and Systems is hereby amended to read as follows:
605.8. 1 Residential Incinerators. Residential incinerators are prohibited.
SECTION 15. 06. 120. Subsection 901. 7. 6. 1, Problematic Systems and System Out -of -Service, added.
Subsection 901. 7. 6. 1, Problematic Systems and System Out -of -Service, is hereby added to Subsection 901. 7. 6, Restoring system to service, of Section 901. 7, Systems out of service, of Section 901, General, of Chapter 9, Fire Protection and Life Safety Systems to read as follows:
901. 7. 6. 1 Problematic Systems and Systems Out -of -Service. In the event of temporary failure of the alarm system or an excessive number of false alarm activations, the Fire Code Official is authorized to require the building owner or occupant to provide standby personnel until the system is restored.
After repeated alarm malfunctions resulting in a Fire Department response, in number deemed by the Fire Code Official to be excessive to the Fire Department, the Fire Code Official may schedule a hearing to provide the alarm owner and/ or company the opportunity to show cause why the system should not be removed from service.
Following said hearing, if it is determined that the problems in the alarm system have not been corrected to the Fire Code Official' s satisfaction, after providing written notice, the Fire Code Official may order that the alarm service be discontinued, the occupancy cease its use and fines be imposed until such time as the system is repaired and properly maintained, and unnecessary responses are mitigated.
SECTION 15. 06. 130. Subsection 904. 3. 5, Monitoring, amended.
Subsection 904. 3. 5, Monitoring, of Section 904. 3, Installation, of Section 904, Alternative Automatic Fire -Extinguishing Systems, of Chapter 9, Fire Protection and Life Safety Systems is hereby amended to read as follows:
904.3. 5 Monitoring. Where a building fire alarm or monitoring system is installed, automatic fire -extinguishing systems shall be monitored by the building fire alarm or monitoring system in accordance with NFPA 72.
SECTION 15. 06. 140. Subsection 3405. 1, amended.
Subsection 3405. 1, Individual piles, of Section 3405, Outdoor Storage, of Chapter 34, Tire Rebuilding and Tire Storage is hereby amended to read as follows:
10 -14-
3405. 1 Individual piles. Tires shall be restricted to individual piles not exceeding 2, 500 square feet (232. 26 m2) of continuous area. Piles shall not exceed 25, 000 cubic feet in volume or 10 feet ( 3048 mm) in height. Pile width shall not exceed 25 feet.
SECTION 15. 06. 150. Omitted
SECTION 15. 06. 160. Omitted
SECTION 15. 06. 170. Subsection 5704. 1. 1, Storage of Flammable and Combustible Liquids, added.
Subsection 5704. 1. 1, Storage of Flammable and Combustible Liquids is hereby added to Section 5704. 1, General, of Section 5704, Storage, of Chapter 57, Flammable and Combustible Liquids to read as follows:
5704. 1. 1 Storage of Flammable and Combustible Liquids.
Bulk storage of flammable or combustible liquids in above ground storage tanks is prohibited on residential or institutional properties.
For properties other than residential or institutional properties, bulk storage of flammable or combustible liquids in above ground storage is prohibited, unless the Fire Code Official determines, with specific written findings, that such an installation will not create a hazard to life or property in the area.
Exceptions: Crankcase draining may be stored in specially constructed aboveground storage tanks with a maximum capacity of 550 gallons. Tanks may be located within a building when approved by the Fire Code Official, provided the tank meets all of the following criteria: Specially designed, approved and listed containers, which have features, incorporated into their design that mitigate concern for exposure to heat, ignition sources and mechanical damage. Containers must be installed, maintained and used in accordance with their listing. Adequate provisions shall be made for leak and spill containment, in accordance with the National Pollutant Discharge Elimination System requirements.
Class I and II liquids may be stored in above -ground storage tanks, up to the quantities permitted in California Fire Code Sections 5701. 1 and 5704. 1, outside of buildings, in specially designed, approved and listed containers which have features incorporated into their design which mitigate concerns for exposure to heat, ignition sources and mechanical damage. Containers must be installed, maintained and used in accordance with their listing. Adequate provisions shall be made for leak and spill containment, in accordance with the National Pollutant Discharge Elimination System requirements."
11 -15-
Section 4. Code Amendment. Chapter 15. 10 ( California Existing Building Code) of Title 15 ( Buildings and Construction) of the City of Highland Municipal Code is hereby amended in its entirety to read as follows:
Chapter 15. 10 California Existing Building Code.
Sections:
15. 10. 010
15. 10. 020 Purpose
Adoption of the California Existing Building Code
SECTION 15. 10. 010 Adoption of the California Existing Building Code.
The 2022 California Existing Building Code ( Part 10 of Title 24 of the California Code of Regulations), including Chapter 1, Division II " Scope and Administration"; based on the 2021 International Existing Building Code as published by the International Code Council, is adopted by reference. One complete copy of the same is on file and is open for inspection by the public in the office of the City Clerk and designated as the existing building code for the City of Highland. The Building Official is hereby designated the authority charged with the administration and enforcement of this code.
SECTION 15. 10. 020. Purpose.
The purpose of this code is to prescribe regulations for the repair, alteration, change of occupancy, addition to and relocation of existing buildings and to provide flexibility to permit the use of alternative approaches to achieve compliance with minimum requirements and safeguards for continuance use."
Section 5. Code Amendment. Chapter 15. 14 ( California Residential Code) of Title 15 ( Buildings and Construction) of the City of Highland Municipal Code is hereby amended in its entirety to read as follows:
Chapter 15. 14 California Residential Code.
Sections:
15. 14. 010
15. 14. 020
15. 14. 030
15. 14. 040
15. 14. 050
15. 14. 050
Adoption of the California Residential Code
Purpose
Subsection R105. 2, amended
Subsection R105. 5, amended
Subsections R319. 1. 1, Address Illumination, and R319. 1. 2 Map Directory, added
Subsection 115922( a) of Appendix AX, amended
SECTION 15. 14. 010 Adoption of the California Residential Code.
The 2022 California Residential Code ( Part 2. 5 of Title 24 of the California Code of Regulations), including Chapter 1, Division II " Scope and Administration", and Appendix AX " Swimming Pool Safety Act", based on the 2021 International Residential Code as published by the International Code Council, is adopted by reference, together with the amendments, additions, deletions, and exceptions set 12 -16-
forth in this chapter. One complete copy of the same is on file and is open for inspection by the public in the office of the City Clerk and designated as the residential building code for the City of Highland. The Building Official is hereby designated the authority charged with the administration and enforcement of this code.
SECTION 15. 14. 020. Purpose.
The purpose of this code is to prescribe regulations for the repair, alteration, change of occupancy, addition to, replacement, demolition, use, occupancy, construction, and location of one and two family dwellings with exception to those regulated by the 2022 California Existing Building Code, the 2022 California Building Code and the 2022 California Historical Building Code.
SECTION 15. 14. 030 Section R105.2, Work Exempt from Permits, amended.
Item 2 ( Building) of Subsection R105. 2, Work exempt from permit, of Section R105, Permits, of Part 2, Administration and Enforcement, of Division II of Chapter 1, Scope and Administration is hereby amended to read as follows:
Section R105. 2
2. Fences not over 6 feet in height. Fences that are to be located within the Wildland Urban Interface or are installed as a pool barrier or pool enclosure are not exempt.
SECTION 15. 14.040 Subsection R105. 5. 1, Expiration, amended.
Section R105. 5. 1, Expiration, of Section R105, Permits, of Part 2, Administration and Enforcement, of Division II of Chapter 1, Scope and Administration is hereby amended to read as follows:
105. 5 Expiration. On or after January 1, 2019, every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 12 months after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 12 months after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. ( see Health and Safety Code Section 18938. 5 and 18938. 6.)
Time limitation for permit activity as the result of code enforcement case shall be as per notice of violation, citation or as otherwise determined by the Building Official or Code Officer.
SECTION 15. 14. 050. Subsections R319. 1. 1, Address Illumination, and R319. 1. 2, Map Directory, added.
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Subsections R319. 1. 1, Address Illumination, and R319. 1. 2, Map Directory, are hereby added to Section R319. 1, Address identification, of Section R319, Premises Identification, of Chapter 3, Building and Planning to read as follows:
R319. 1. 1 Address Illumination. New structures of all occupancies shall provide address identification with illumination during the hours of darkness. Illumination shall be of the high efficiency type meeting provisions of the energy code. Addressing for Occupancy Group R- 3 shall be provided with internal illumination.
R319. 1. 2 Map Directory. A lighted directory site map shall be installed and maintained at each driveway entrance to multiple unit residential projects where the total number of units in the project exceeds fifteen ( 15).
SECTION 15. 14. 060 Section 115922(a) of APPENDIX AX, amended.
Section 115922 ( a) of Appendix AX, Swimming Pool Safety Act is hereby amended to read as follows, with all other provisions of Section 115922 remaining unchanged:
a) Except as provided in Section 115925, when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single- family home, the respective swimming pool or spa shall be equipped with item # 1 and at least one additional of the following seven drowning prevention features:
1. An enclosure that meets the requirements of Section 115923 and isolates the swimming pool or spa from the private single-family home. Any walls of the residential structure or accessory structures used to complete the isolation enclosure must have its door openings equipped with protection as required in 115922 ( a) # 4 or #5. Any such door protection device provided for this purpose may not be used to comply with the second drowning prevention feature requirement."
2. Removable mesh fencing that meets American Society for Testing and Materials ( ASTM) Specifications F2286 standards in conjunction with a gate that is self -closing and self -latching and can accommodate a key lockable device.
3. An approved safety pool cover, as defined in subdivision ( d) of Section 115921.
4. Exit alarms on the private single- family home' s doors that provide direct access to the swimming pool or spa. The exit alarm may cause either an alarm noise or a verbal warning, such as a repeating notification that "the door to the pool is open."
5. A self -closing, self -latching device with a release mechanism placed no lower than 54 inches ( 1372 mm) above the floor on the private single- family home' s 14 -18-
doors providing direct access to the swimming pool or spa.
6. An alarm that, when placed in a swimming pool or spa will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be independently certified to the ASTM Standard F2208 " Standard Safety Certification of Residential Pool Alarms," which includes surface motion, pressure, sonar, laser and infrared type alarms. A swimming protection alarm feature designed for individual use, includes an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature.
Other means of protection, if the degree of protection afforded is equal to or greater that that afforded by any of the features set forth above and has been independently verified by an approved testing laboratory as meeting standards for those features established by the ASTM or the America Society of Mechanical Engineers (ASME)." Section 6. Code Amendment. Chapter 15. 16 ( California Electric Code) of Title 15 ( Buildings and Construction) of the City of Highland Municipal Code is hereby amended in its entirety to read as follows:
Chapter 15. 16 California Electrical Code.
Sections:
15. 16. 010 Adoption of the California Electrical Code
15. 16. 020 Purpose
SECTION 15. 16. 010 Adoption of the California Electrical Code.
The 2022 California Electrical Code ( Part 3 of Title 24 of the California Code of Regulations), including Article 89 as established by the National Fire Protection Association and published by the International Code Council, is adopted by reference.
One complete copy of the same is on file and is open for inspection by the public in the office of the City Clerk and designated as the electrical code for the City of Highland. The Building Official is hereby designated as the authority charged with the administration and enforcement of this code.
SECTION 15. 16. 020. Purpose.
The purpose of this code is to prescribe safe electrical regulations for the construction, repair, alteration, enlargement, equipment, maintenance, addition to, replacement, demolition, use and occupancy, and location in regards to electrical installations, equipment, modifications and systems."
Section 7. Code Amendment. Chapter 15. 20 ( California Plumbing Code) of Title 15 ( Buildings and Construction) of the City of Highland Municipal Code is hereby amended in its entirety to read as follows:
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Chapter 15. 20 California Plumbing Code.
Sections:
15. 20.010 Adoption of the California Plumbing Code
15. 20. 020 Purpose
SECTION 15. 20. 010 Adoption of the California Plumbing Code.
The 2022 California Plumbing Code ( Part 5 of Title 24 of the California Code of Regulations) including Chapter 1, Division II " Administration" based on the 2021 Uniform Plumbing Code, as published by IAPMO, is hereby adopted. One complete copy of the same is on file and is open for inspection by the public in the office of the City Clerk and designated as the plumbing code for the City of Highland, the Building Official is hereby designated as the authority charged with the administration and enforcement of this code.
SECTION 15. 20. 020. Purpose.
The purpose of this code is to prescribe regulations for the construction, repair, alteration, enlargement, equipment, maintenance, addition to, replacement, demolition, maintenance, and relocation in regards to plumbing installations, equipment, modifications and systems."
Section 8. Code Amendment. Chapter 15. 24 ( California Mechanical Code) of Title 15 ( Buildings and Construction) of the City of Highland Municipal Code is hereby amended in its entirety to read as follows:
Chapter 15. 24 California Mechanical Code.
Sections:
15. 24. 010 Adoption of the California Mechanical Code
15. 24. 020 Purpose
SECTION 15. 24. 010 Adoption of the California Mechanical Code.
The 2022 California Mechanical Code ( Part 4 of Title 24 of the California Code of Regulations), including Chapter 1, Division II " Administration" based on the 2021 Uniform Mechanical Code, as published by IAPMO, is hereby adopted. One complete copy of the same is on file and is open for inspection by the public in the office of the City Clerk and designated as the mechanical code for the City of Highland, the Building Official is hereby designated authority charged with the administration and enforcement of this code.
SECTION 15. 24. 020. Purpose.
The purpose of these codes is to prescribe regulations for the construction, repair, alteration, enlargement, equipment, maintenance, addition to, replacement, demolition, maintenance, and relocation in regards to mechanical installations, modifications and systems."
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Section 9. Code Amendment. Chapter 15. 38 ( California Green Building Standards Code Code) of Title 15 ( Buildings and Construction) of the City of Highland Municipal Code is hereby amended in its entirety to read as follows:
Chapter 15. 38. California Green Building Standards Code.
Sections:
15. 38. 010 Adoption of the California Green Building Standards Code
15. 38. 020 Purpose
SECTION 15. 38. 010 Adoption of the California Green Building Standards Code.
The 2022 California Green Building Standards Code ( Part 11 of Title 24 of the California Code of Regulations), also referred to as the CAL -Green Code, including Chapter 1, Division II " Administration" as published by the International Code Council, is hereby adopted. One complete copy of the same is on file and is open for inspection by the public in the office of the City Clerk and designated as the green building code for the City of Highland. The Building Official is hereby designated as the authority charged with the administration and enforcement of this code.
SECTION 15. 38. 020. Purpose.
The purpose of these codes is to prescribe regulations for the design, operation and construction of new structures to reduce negative impact, create energy efficient structures, positive environmental conditions and encourage sustainable construction practices."
Section 10. California Environmental Quality Act (CEQA). The City Council has determined that the adoption of this Ordinance is exempt from the California Environmental Quality Act (" CEQA"). The adoption of this Ordinance is categorically exempt from environmental review pursuant to the California Environmental Quality Act Guidelines ( California Code of Regulations, Title 14, Chapter 3). It is further exempt in that it can be seen with certainty that there is no possibility that the adoption of this ordinance, and the regulations established thereby, may have a significant effect on the environment, and therefore exempt from California Environmental Quality Act review pursuant to Title 14, Section 15061( b)( 3) of the California Code of Regulations.
Section 11. Savings Clause. The repeal, of this ordinance, or of any other ordinance creating a criminal offense does not constitute a bar to the prosecution and punishment of any act already committed in violation of the law so repealed.
Section 12. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or 17 -21-
circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
Section 13. Certification and Publication. The City Clerk shall certify to the passage of this Ordinance and shall cause same to be published pursuant to state law within fifteen ( 15) days after its passage, and this ordinance shall become effective thirty 30) days after its passage.
PASSED, APPROVED, AND ADOPTED this day of , 2022.
Larry McCallon
Mayor
ATTEST:
Betty Hughes, MMC
City Clerk
APPROVED AS TO FORM:
Maricela Marroquin
City Attorney
18 -22-
Exhibit " B"
DRAFT Resolution
-23-
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND
MAKING EXPRESS FINDINGS AND DETERMINATIONS THAT
MODIFICATIONS TO THE 2022 CALIFORNIA FIRE CODE AS ADOPTED
BY THE CITY OF HIGHLAND, ARE REASONABLY NECESSARY
BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL AND/ OR
TOPOGRAPHICAL CONDITIONS
THE CITY COUNCIL OF THE CITY OF HIGHLAND DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. Recitals.
WHEREAS, Health and Safety Code Section 17958 provides that the City of Highland (" City") shall adopt ordinances and regulations imposing the same or modified or changed requirements as are contained in the California Building Standards Code adopted by the State pursuant to the Health and Safety Code Section; and WHEREAS, Health and Safety Code Section 17958. 5( a) permits the City to make modifications to the Codes comprising the California Building Standards Code Codes") provided the City Council makes express findings that such modifications are reasonably necessary because of local climatic, geological, and/ or topographic conditions; and
WHEREAS, the City of Highland Building Official has determined that certain modifications to the Codes are reasonably necessary due to local conditions in the City of Highland, in order to more fully protect the public health, safety and welfare, and safeguard life and property within the City of Highland.
Section 2. Resolution.
A. The facts set forth in the Recitals in Section 1 above are true and correct.
B. The local conditions more fully described below, exist within the City of Highland, that justify amendments to the 2022 California Building Code, Residential Code and Fire Code. The City Council of the City of Highland finds that these local climatic, geographical and topographical conditions and findings include but are not limited to the following:
1. The City is subject to relatively low amounts of precipitation, very low humidity levels and extremely high temperatures. In addition, there have been longstanding drought conditions in the area. These climatic conditions are conducive to the spread of fire. For example, during July, August and September temperatures often exceed 100 degrees Fahrenheit. During this same period, relative humidity is typically less than 30% and measurements of less than 10% are not uncommon. These recordings have been documented by the National Climatic Data Center. With the drying of brush and other combustible materials, these conditions cause an above average amount of -24-
fuel within the City and surrounding areas.
2. The City is subject to extremely strong winds, commonly referred to as Santa Ana" winds which can easily reach 40 miles per hour and have had recorded gusts exceeding 100 miles per hour. These winds can exacerbate the spread of wild fires and structure fires as the prevailing winds compress as it rises across the foothills to the mountain ridges at the North and East sides of the City.
3. Much of the Northeast and Eastern portions of the City are in the wild -land urban interface ( WUI) area including the San Bernardino National Forest. This creates unique challenges with development in terms of emergency access, adequate water supply and an extended response time from the nearest fire stations( s). In addition, due to the sharp rise of the San Bernardino Mountain slopes from the valley floor and with several drainages, this area is subject to flooding even with seasonal precipitation that occurs at higher elevations.
4. The San Andreas Fault runs through the Northeast portion of the city and is easily capable of producing a major earthquake exceeding 7. 0 on the Richter scale. An earthquake of this size or greater could cause severe infrastructure damage to utilities, including water supply utilized for fighting fires, broken gas lines and downed power line.
Fire services will be overtasked and many roads would not be useable or safe.
5. The City is prone to fires. The Old Fire of 2003 which began in the foothills of the San Bernardino Mountains, burned 91, 281 acres, caused 6 deaths and destroyed 993 homes have occurred in the immediate proximity of the City. On June 27, 2017 there was a 900- acre wildfire in Highland that forced the evacuation of about 200 residents. On July 12, 2017 there was a 33- acre fire that burned in the City. A few days later on July 14, 2017, there was a 450- acre brush fire that burned around homes in the City. In San Bernardino, there was a recent brush fire on October 21, 2019 that destroyed or damaged nine homes. On October 24, 2019 there was a wildfire in San Bernardino that burned 145 acres. According to CalFire, 7, 860 fires were recorded to CalFire and the US Forest Service in 2019, an increase from the 7, 571 fires in 2018. In 2020, these figures increased again to 9, 639 fire incidents. In September 2020, the El Dorado Fire occurred in Yucaipa where 22, 744 acres were burned, 10 structures were destroyed, and tragically, one firefighter died. The City is prone to strong winds which help fuel brush fires and can create a dangerous situation and create a risk to the public safety.
C. Based upon the recommendations of the Building Official, the City Council finds that the amendments are more restrictive than those of the standards adopted by the California Building Standards Commission, and would decrease the potential and incidence of injury, death and property damage due to the aforementioned local climatic, geological and topographical conditions.
D. Based upon the local climatic, geological, and topographical conditions described in Subsection B above, the City Council finds that following modifications to the 2022 California Fire Code (" CFC") reflected in Ordinance No. are reasonably necessary in order to protect and preserve the public health, safety, and welfare:
Modifications to the CFC, as reflected in HMC Section 15. 06.060, CFC 307. 1; HMC -25-
Section 15. 06. 070, CFC 503. 2. 3; HMC Section 15. 06. 080, CFC 503. 2. 7; HMC Section
15. 06. 090, CFC 503. 4; HMC Section 15. 06. 100, CFC 505. 1. 1, 505. 1. 2, 505. 1. 3; HMC Section 15. 06. 110, CFC 605. 8. 1; HMC Section 15. 06. 120, CFC 901. 7. 6. 1; HMC Section
15. 06. 130, CFC 904.3. 5; HMC Section 15. 06. 140, CFC 3405. 1; and HMC Section
15. 06. 170, CFC 5704.
E. Said CFC amendments are reasonably necessary in that they will serve to provide greater protection based upon the conditions as described below:
1. HMC Section 15. 06. 060, CFC 307. 1 amendments based upon the conditions as described in Recital B 1, 2, and 3;
2. HMC Section 15. 06. 070, CFC 503. 2. 3 amendments based upon the conditions as described in Recital B 1, 2, 3; and 5; 3 HMC Section 15. 06. 080, CFC 503. 2. 7 amendments based upon the conditions as described in Recital B 1, 2, 3, and 5;
4. HMC Section 15. 06. 110, CFC 603. 8. 1 amendments based upon the conditions as described in Recital B 1, 2, 3, and 5; 5 HMC Section 15. 06. 130, CFC 904. 3. 5 amendments based upon the conditions as described in Recital B 1, 2, 3, 4, and 5;
6. HMC Section 15. 06. 140, CFC 3405. 1 amendments based upon the conditions as described in Recital B 1, 2, 3, 4, and 5;
7. HMC Section 15. 06. 170, CFC 5704 amendments based upon the conditions as described in Recital B 1, 2, 3, 4 and 5.
Section 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this resolution is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this resolution. The City Council of the City of Highland hereby declares that it would have passed each section, subsection, subdivision , paragraph, sentence, clause or phrase hereof, irrespective of the fact that nay one or more sections, subsections, subdivision, paragraphs, sentences, clauses or phrases be declared invalid.
Section 4. Direction to File. The City Clerk shall, and is hereby directed to, file a copy of this resolution, together with a copy of Ordinance No. with the State Building Standards commission, as required by California Health and Safety Code Section 17958. 7.
Section 5. Certification. The City Clerk shall certify to the adoption of this resolution.
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PASSED, APPROVED, AND ADOPTED this day of , 2022.
Larry McCallon
Mayor
ATTEST:
Betty Hughes, MMC
City Clerk
-27-
DATE:
FROM:
PREPARED BY:
STAFF REPORT
TO THE CITY COUNCIL
October 11, 2022
Joseph A. Hughes, City Manager
Chuck Dantuono, Director of Administrative Services/ City Treasurer SUBJECT: Use of State and Local Fiscal Recovery Funds ( SLFRF) through the American Rescue Plan Act ( ARPA). This is the second installment ( ARPA 2)
RECOMMENDATION: That the City Council:
1. Authorize the expenditures of the $ 7, 447,553. 50 for the SLFRF funds ARPA # 2) for the programs and amounts described in Attachment # 1 and authorize the Finance Subcommittee to move any funds as needed in the future within the approved categories.
2. Authorize budget adjustments for Fiscal Year 2022- 2023 in the amount of $ 1, 900, 000 ( accounts listed in Attachment # 1).
FISCAL IMPACT: The total grant award to Highland is $ 7, 447, 553. 50- same as ARPA #1.
PUBLIC NOTICE: The agenda for this item was posted at the three required locations.
BACKGROUND: On March 11, 2021, The American Rescue Plan Act was signed into law, and established the Coronavirus State Fiscal Recovery Fund and Coronavirus Local Fiscal Recovery Funds, which together make up the Coronavirus State and Local Fiscal Recovery Funds ( SLFRF). This program is intended to provide support to State, territorial, local, and Tribal governments in responding to the economic and public health impacts of COVID- 19 and to contain impacts on communities, residents, and businesses.
The SLFRF funding through ARPA provides a total of $350B for economic relief. Highland' s portion of this is two installments of $7, 447, 553. 50. Currently, the first installment of ARPA funds ( ARPA # 1) has a balance of $ 315, 000. These funds will be completely expended soon. As with the first installment, finance staff attended several webinars on approved uses of these funds. Staff has prepared eligible uses for smaller cities such as Highland. Examples of how these funds can be expended are as follows using categories defined in the American Rescue Plan Act.
Approved Motion Second Agenda Item No. 1 LDenied Ayes
Continued Noes File No.
Tabled Abstain
Absent
City Clerk City Manager
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1- Public Health 1. 5 Personal Protective Equipment ( PPE) -this category includes cleaning supplies, hand sanitizer, hand sanitizer stations, Clorox wipes, gloves, gowns, masks, etc. We do not know how long this pandemic will last and we will need future funding to purchase these important items. It also includes Hazard Cleanup. The Fire Department and Police Department have had incidents where we had to have a contractor come out to clean up a biohazard event ( vomiting, bleeding, etc.). The amount requested in this category is much less than it was for the first installment. 1- Public Health 1. 8 Communications/ Enforcement- this category includes City Attorney services advising the city with emergency declarations, re -opening orders, enforcement of health orders, and mainly reviewing new/ updated policies and procedures mandated by the federal and state government. The amount requested in this category is also much less than it was for the first installment.
3- Public Health Negative Economic Impact Public Sector Capacity 3. 1 Public Sector Workforce; Payroll and Benefits for Public Health, Public Safety or Human Services Workers -this category includes Fire, Police and Paramedics. Public Safety has been greatly affected by this pandemic and costs can be used to reimburse cities for their public safety contract personnel. It is proposed that $ 150, 000 per year for FY 2022- 2023, 2023- 2024 and 2024- 2025 be used for police over -time. Additionally, it is proposed that Police, Fire and Paramedic each receive $ 337, 500 for FY 2023-2024 and FY 2024- 2025.
See Attachment # 1 for the breakdown of costs proposed. 6- Revenue Replacement 6. 1 Provisions of Government Services - this category includes modernization of cybersecurity, including hardware, software, and protection of critical infrastructure.
This category was modified in January 2022 and now also includes traditional new infrastructure such as bridges and road. It is recommended the funds in this category be used for Public Works projects.
It is recommended that the following projects use these funds:
Project No.
Ich17004
Brg07001
Sdr06002
Sig 19001
Str17001
Str07004a
Tra20001
Description
SR-210 at 5th Street Interchange
Base Line over City Creek Bridge
Sycamore Storm Drain
Traffic Signal Modifications at 9th Street and Lankershim Avenue City Creek/Alabama Street Bikeway
5th Street Storm Drain Connection
Natural Parkland Trail
The deadline for these funds to be expended ( to have the check cut) is December 31, 2026. Any unused funds must be returned to the Treasury.
This item was presented to the Finance Subcommittee on October 3, 2022. The Finance Subcommittee recommends that the funds and amounts be used in the manner described in Attachment # 1 and that authorization is given to the Finance Subcommittee to move any funds as needed in the future within the approved categories.
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Attachment # 1
Recommended Uses of the SLFRF funds ( ARPA #2)
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DATE:
FROM:
PREPARED BY:
SUBJECT:
STAFF REPORT
TO THE CITY COUNCIL
October 11, 2022
Joseph A. Hughes, City Manager
Betty Hughes, MMC, City Clerk
City Manager Report and Comments
Work Program, Regional/ Legislative/ Development Issues, Subcommittees, etc.)
RECOMMENDATION: Discussion and possible action.
Approved Motion Second Agenda Item No. /
Denied Ayes
Continued Noes File No.
Tabled Abstain
Absent
City Clerk City Manager
-1-
DATE:
FROM:
PREPARED BY:
SUBJECT:
STAFF REPORT
TO THE CITY COUNCIL
October 11, 2022
Joseph A. Hughes, City Manager
Betty Hughes, MMC, City Clerk
Council Member Comments
Agency/Committee/AB1234 Reports, District Updates, etc.) RECOMMENDATION: Discussion and possible action.
Approved Motion Second Agenda Item No. /
Denied Ayes
Continued Noes File No.
Tabled Abstain
Absent
C./
City Clerk City Manager
-1-