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4 CITY OF HIGHLAND
OF HIGe
CITY COUNCIL AGENDA
Special Meeting
September 12, 2024 at 4: 00 P. M.
City Hall Donahue Council Chambers
27215 Base Line, Highland, CA 92346
COUNCILMEMBERS
Penny Lilburn, Mayor
District 3
Larry McCallon, Mayor Pro Tern
District 5
Jesse Chavez- Cordova, Councilmember
District 1
Anaeli Solano, Councilmember
District 2
John P. Timmer, Councilmember
District 4
STAFF
Carlos Zamano, City Manager
Lawrence Mainez, Community Development Director
Leticia Nava- Cruz, Director of Administrative Services/ City Treasurer Maricela Marroquin, City Attorney
Octavio Duran Jr., Public Works Director/ City Engineer Alondra Munoz, City Clerk
MISSION STATEMENT
Highlandis dedicatedto thebettermentof theindividual, thefamily, theneighborhoodandthe community. TheCityCouncilandthestaffofHighlandarededicatedtoprovidingthequalityofpublic facilities and services that its citizens are willing to fund and will do so as efficiently as possible. 909) 864- 6861 www. cityofhighland. org
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City Council Special Meeting Agenda September 12, 2024
In compliance with the Americans with Disabilities Act( ADA), if you need special assistance, please contact the City Clerk's officeat (909) 864-6861, ext. 226, at least 72 hours priorto the meetingfor any requestsfor reasonable accommodations, including interpreters.
Pursuant to Government Code Section 54957. 5, any disclosable public records related to an open session item on a regular meeting agenda and distributed by the City of Highland to all or a majority of the City Council less than 72 hours prior to that meeting are available for public inspection at City Hall, 27215 Base Line, Highland, CA 92346, during normal business hours.
Levine Act: Pursuant to Government Code Section 84308, any party to a City proceeding must disclose on the record any campaign contributions made to a member of the City Council ( or commission) in excess of$ 250 in the past 12 months. This disclosure requirement includes contributions by the party' s agent and aggregated contributions from persons or entities related to the party. Please make the disclosure as soon as possible, but no later than the beginning of the proceeding.
CITY COUNCIL SPECIAL MEETING
September 12, 2024 - 4: 00 p. m.
NOTICE IS HEREBY GIVEN that a special meeting of the Highland City Council is hereby called to be held on September 12, 2024, at 4:00 p.m. in the City Council Chambers of City Hall located at 27215 Base Line, Highland, California. Said special meeting shall be for the purpose of conducting business in accordance with the attached Agenda.
AGENDA
CALL TO ORDER
ROLL CALL
PUBLIC COMMENT ( LIMITED TO ITEMS ON THIS AGENDA ONLY)
To address the City Council on ITEMS ON THIS AGENDA ONLY, please complete a speaker form located at the entrance and give it to the City Clerk prior to the beginning of the meeting.
Your name will be called when it is your turn to speak. State Law prohibits the City Council from acting on any item not on the agenda. Individual speakers are limited to three minutes each.
Comments received via email at publiccomment( a)cityofhighland. org by September 12, 2024, 3: 00 p. m., will be read into the record, provided that the reading shall not exceed three ( 3) minutes. Emailed comments submitted by a speaker that also appears in person to address the same matter will not be read into the record.
CITY COUNCIL LEGISLATIVE
1. Resolution No. 2024- , a Resolution of the City Council of the City of Highland, California, Ratifying the Proclamation of a Local Emergency in the City of Highland Issued by the City's Director of Emergency Services on September 11, 2024 as a Result of the Line Fire
RECOMMENDATION: That the City Council approve Resolution No. 2024- ratifyingthe Proclamationof a LocalEmergencyin the Cityof Highlandissuedbythe City's Directorof EmergencyServiceson September11, 2024asa resultofthe LineFire.
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City Council Special Meeting Agenda September 12, 2024
ADJOURN
I, Alondra Munoz, City Clerk, certify I caused to be posted this Agenda on or before September 11, 2024, by 3: 30 p. m., on our website at www. cityofhighland. org and in the following designated areas:
Highland Branch Library Fire Station No. 1 City Hall
7863 Central Avenue 26974 Base Line 27215 Base Line
Date: September 11, 2024
AlondralMunoz
City Clerk
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VS'1987
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o .:. STAFF REPORT
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r
T"' TO THE CITY COUNCILOp HIGH
DATE: September 12, 2024
FROM: Carlos Zamano, City Manager
REVIEWED BY: Maricela Marroquin, City Attorney
PREPARED BY: Carlos Zamano, City Manager
Maricela Marroquin, City Attorney
SUBJECT: Resolution No. 2024- XX— a Resolutionof the City Councilof the Cityof Highland, California, Ratifyingthe Proclamationof a LocalEmergencyin the City of HighlandIssuedBythe City's Directorof EmergencyServices on September 1.1, 2024 as a result of the Line Fire
RECOMMENDATION: That the City Council approve Resolution No. 2024-XX, ratifying the Proclamationofa LocalEmergencyintheCityofHighlandissuedbytheCity's Directorof Emergency Services on September 11, 2024 as a result of the Line Fire.
FISCAL IMPACT: There is no immediatefinancialimpactor budget action necessaryas a result of the recommended action.
PUBLIC NOTICE: As requiredby City Council Resolution, noticeof the public hearingwas posted at the City's three designated posting locations.
BACKGROUND & DISCUSSION: Chapter 2. 44 of Title 2 of the Highland Municipal Code(" HMC") containsthe City's laws relatingto emergencyprocedures. HMCSection2.44.060designatestheCity Manager as the Director of Emergency Services (" Director"), and CMC Section 2. 44. 060( A) empowers the Directorto issue a proclamationof a local emergencyif the City Council is not in session.
On the evening of Thursday, September 5, 2024, the Line Fire broke out in Highland. Over the weekend, the fire intensified and is currently over 34, 600 acres in size and is only 14% contained. The LineFire is currentlycausing conditionsof extreme perilto the safety of personsand propertywithin the City of Highlandand has resulted in evacuationwarningsfor parts of the City.
OnSeptember7, 2024, the Countyof San Bernardinoproclaimeda localemergencyas a resultofthe Line Fire ( Attachment 1).
Approved Motion Second Agenda Item No. J,
Denied Ayes
Continued Noes File No.
Tabled Abstain
Absent
Acj ------ -. ea---)'"--"
City
Co
City Manager
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On September7, 2024, GovernorNewsomproclaimeda Stateof Emergencyin San Bernardino County as a result of the Line Fire (Attachment 2) and announced that California has secured a Fire ManagementAssistanceGrantfromthe FederalEmergencyManagementAgency (FEMA) to help ensure the availability of vital resources to suppress the fire.
On September 11, 2024, the City Manager, as the Director of Emergency Services, issued a proclamationentitled "Proclamationof a Local Emergencyby the Directorof EmergencyServicesof the City of Highland," as the City Councilwas not in session. This actionauthorizedthe City Manager to take certain necessary actions to address the emergency. A copy of the Director of Emergency Services' Proclamationof a Local Emergencyis attached (Attachment3).
The Director of Emergency Services' Proclamationof a Local Emergency permits the Director of EmergencyServicesandthe CityCouncilto adoptregulationsand issueordersnecessaryfor the protection of lives and property. It also assists the City in recovering costs of respondingto the disaster. Furthermore, itallowsfortheCitytoenjoycertainimmunitiesfromliabilityasaresultoftaking actions to abate the emergency.
Pursuant to California Government Code Section 8630 and HMC Section 2.44.060(A), the Director of EmergencyServices' Proclamationwillexpirewithinseven (7) daysunlessratifiedbytheCityCouncil.
TheratificationoftheDirector's ProclamationwillalsoassistinenablingtheCityto applyforstateaid to obtain reimbursementof the City's costs incurredin abatingthe emergency. This action, if ratified bytheCityCouncil, willneedto be reviewedatleastonceeverysixty (60) daysuntiltheCityCouncil terminates the local emergency.
The Director of Emergency Services requests the City Council adopt Resolution No. 2024-XX Attachment 4), ratifying the proclamation of the existence of a local emergency, because: ( 1) the Line Firehascausedconditionsof extremeperilto thesafetyof personsandpropertywithintheCityof Highland; and (2) the aforementionedconditionsof extreme peril did warrant and necessitateand continuetowarrantandnecessitatethe proclamationoftheexistenceof a localemergency.
Thelocalemergencywill remainineffectuntilitsterminationisproclaimedbytheCityCouncil.
ATTACHMENTS:
1) Director's Proclamationof Local Emergency
2) Governor's Proclamationof State of Emergency
3) County' s Proclamation of Local Emergency
4) Resolution Ratifying Director' s Proclamation of Local Emergency -2-
ATTACHMENT 1
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PROCLAMATION OF A LOCAL EMERGENCY
BY THE
r
e, DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF HIGHLAND Op HIGl'-
WHEREAS, Section 8630 of the Government Code authorizes the designation of a City official to proclaim a local emergency; and
WHEREAS, Highland Municipal Code Section 2. 44. 060 designates the Director of Emergency Services to proclaim the existence of a local emergency if the City Council is not in session; and
WHEREAS, the Line Fire is currently causing conditions of extreme peril to the safety of persons and property within the City of Highland; and
WHEREAS, the City Council is not in session and cannot immediately be called into session.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout the City of Highland.
IT IS FURTHER PROCLAIMED AND ORDERED that a copy of this Proclamation shall be forwarded to the Director of the Governor' s Office of Emergency Services requesting that:
1. This Proclamation be found acceptable in accordance with state law; and
2. The Governor waive regulations that may hinder response and recovery efforts; and
3. Recovery assistance be made available under the California Disaster Assistance Act; and
4. The State of California expedite access to state and federal resources and any other appropriate federal disaster relief programs.
IT IS FURTHER PROCLAIMED AND ORDERED that, during the existence of this local emergency the powers, functions, and duties of the emergency organization of the City of Highland shall be those prescribed by applicable statutes, ordinances, and resolutions, and by the City' s Emergency Operations Plan. This Proclamation shall have no further force or effect seven days from the date of its adoption unless the City Council shall take action to ratify this Proclamation.
DATED this 11th day of September, 2024
ZA.-.)----
Carlos Zamano
Director of Emergency Services/ City Manager
City of Highland
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ATTACHMENT 2
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EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
PROCLAMATION OF A STATE OF EMERGENCY
WHEREASon September 5, 2024, the Line Fire began burning in San Bernardino County and has since burned over 7,000 acres; and WHEREASthe Line Fire has prompted evacuation orders and road closures, and continues to threaten structures, homes, critical infrastructure, endangered species, watersheds, and cultural and heritage resources; and WHEREAScontinued high temperatures throughout the day and night, dry conditions, and strong winds have increased the intensity and spread of the Line Fire, causing imminent threat to life, with an Excessive Heat Warning in effect in San Bernardino County; and
WHEREASin response to a request from the Office of Emergency Services, the Federal Emergency Management Agency approved a Fire Management Assistance Grant to assist with the mitigation, management, and control of the Line Fire; and
WHEREASunder the provisions of Government Code section 8558( b), I find that conditions of extreme peril to the safety of persons and property exist due to the Line Fire in San Bernardino County; and
WHEREAS under the provisions of Government Code section 8558( b), I find that the conditions caused by the Line Fire, by reason of their magnitude, are beyond the control of the services, personnel, equipment, and facilities of any single local government and require the combined forces of a mutual aid region or regions to appropriately respond; and
WHEREAS under the provisions of Government Code section 8625( c), I find that local authorities are inadequate to cope with the magnitude of the damage caused by the Line Fire; and
WHEREASunder the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Proclamation would prevent, hinder, or delay the mitigation of the effects of the Line Fire.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, Government Code section 8625, HEREBY PROCLAIM A STATE OF EMERGENCY to exist in San Bernardino County due to the Line Fire.
IT IS HEREBY ORDERED THAT:
1. All agencies of the state government utilize and employ state personnel, equipment, and facilities for the performance of any and all activities consistent with the direction of the Office of Emergency Services and the State Emergency Plan. Also, all residents are to obey -6-
the direction of emergency officials with regard to this emergency in order to protect their safety.
2. The Office of Emergency Services shall provide assistance to local governments, if appropriate, under the authority of the California Disaster Assistance Act, Government Code section 8680 et seq., and California Code of Regulations, Title 19, section 2900 et seq.
3. As necessary to assist local governments and for the protection of public health and the environment, state agencies shall enter into contracts to arrange for the procurement of materials, goods, and services necessary to quickly assist with the response to and recovery from the impacts of the Line Fire. Applicable provisions of the Government Code and the Public Contract Code, including but not limited to travel, advertising, and competitive bidding requirements, are suspended to the extent necessary to address the effects of the Line Fire.
4. The California National Guard may be mobilized under Military and Veterans Code section 146 to support disaster response and relief efforts, as directed by the Office of Emergency Services, and to coordinate with all relevant state agencies and state and local emergency responders and law enforcement within the impacted areas. Sections 147 and 188 of the Military and Veterans Code are applicable during the period of participation in this mission, exempting the California Military Department from applicable procurement rules for specified emergency purchases, and those rules are hereby suspended.
5. The provisions of Unemployment Insurance Code section 1253 imposing a one- week waiting period for unemployment insurance applicants are suspended as to all applicants who are unemployed as a direct result of the Line Fire in San Bernardino County and apply for unemployment insurance benefits during the time period beginning September 5, 2024, and ending on the close of business on March 5, 2025, in San Bernardino County and who are otherwise eligible for unemployment insurance benefits.
6. In order to ensure hospitals, clinics, and other health facilities remain open, the Director of the California Department of Public Health CDPH) may waive any of the licensing requirements of Chapters 1, 2, 8, and 8.5 of Division 2 of the Health and Safety Code and accompanying regulations with respect to any hospital, clinic, other health facility, home health agency, or hospice agency identified in Health and Safety Code sections 1200, 1250, 1727, or 1746 that is impacted by the Line Fire. Any waiver shall include alternative measures that, under the circumstances, will allow the facilities to remain open while protecting public health and safety. Any health facilities or agencies being granted a waiver shall be established and operated in accordance with their disaster and mass casualty plan or emergency preparedness plan. Any waivers granted pursuant to this paragraph shall be posted on the CDPHwebsite and shall be in effect only so long as necessary to address the direct impacts of the Line Fire in San Bernardino County.
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7. In order to directly respond to the needs of impacted adult and senior care facilities, child care facilities, children' s residential facilities, resource family homes, home care organizations, and other similar care facilities and care providers within the California Department of Social Services' ( CDSS) jurisdiction, the Director of CDSS may waive any provisions of the Family Code, Health and Safety Code, or Welfare and Institutions Code, and accompanying regulations or written directives, with respect to the use, licensing, certification, registration or approval of care providers, facilities or homes within CDSSjurisdiction set forth in the California Community Care Facilities Act ( Health and Safety Code section 1500 et seq.), Child Care Provider Registration ( Health and Safety Code section 1596. 60 et seq.), the California Child Day Care Facilities Act ( He,alth and Safety Code section 1596. 70 et seq.), Residential Care Facilities for Persons With Chronic Life-Threatening Illness ( Health and Safety Code section 1568. 01 et seq.), the California Residential Care Facilities for the Elderly Act ( Health and Safety Code section 1569 et seq.), Medical Foster Homes for Veterans ( Health and Safety Code section 1568. 21 et seq.), Continuing Care Contracts Health and Safety Code section 1770 et seq.), the Home Care Services Consumer Protection Act ( Health and Safety Code section 1796. 10 et seq.), and the Resource Family Approval Program ( Welfare and Institutions Code section 16519. 5 et seq.). Any waivers granted pursuant to this paragraph shall be posted on the CDSS website and shall be in effect only so long as necessary to address the direct impacts of the Line Fire in San Bernardino County.
8. In order to directly respond to the needs of behavioral health programs and facilities impacted by the Line Fire, including alcohol and other drug programs, adult alcoholism or drug abuse recovery or treatment facilities, driving- under- the- influence programs, narcotic treatment programs, psychiatric health facilities, mental health rehabilitation centers, social rehabilitation programs, skilled nursing facilities with special treatment programs, Lanterman- Petris-Short designated facilities, community treatment facilities, short term residential therapeutic programs, and children' s crisis residential programs, the Director of the Department of Health Care Services ( DHCS) may waive any licensing, certification, or approval requirements for such programs under its jurisdiction set forth in Welfare and Institutions Code, Divisions 4, 5 and 9 and in Health and Safety Code, Divisions 2 and 10.5, and accompanying regulations, written standards, or information notices.
Any waivers granted pursuant to this paragraph shall be posted on the DHCS website and shall only be in effect so long as necessary to address the direct impacts of the Line Fire in San Bernardino County.
9. Health and Safety Code sections 103525.5 and 103625, and Penal Code section 14251, requiring the imposition of fees, are suspended with regard to any request for copies of certificates of birth, death, marriage, and dissolution of marriage records, by any individual who loses such records as a result of the Line Fire in San Bernardino County. Such copies shall be provided without charge.
I FURTHER DIRECT that as soon as hereafter possible, this Proclamation be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Proclamation.
This Proclamation is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the -8-
State of California, its agencies, departments, entities, officers, employees, or any other person.
IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
California to be affixed this 7th day
of September 2024.
GAVIN NEWSOM
Governor of California
ATTEST:
SHIRLEY N. WEBER, PH. D
Secretary of State
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ATTACHMENT 3
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SAN BERNARDINO COUNTY
STATE OF CALIFORNIA
PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY
By Director of EmergencyServices)
WHEREAS, California Government Code section 8630 and San Bernardino County Code section
21. 0101 et seq. empower the Chief Executive Officer of San Bernardino County to proclaim the existence or threatened existence of a local emergency when San Bernardino County is affected or likely to be affected by a public calamity andthe Board of Supervisorsis not in session;and WHEREAS, the Chief Executive Officer of San Bernardino County does hereby find:
WHEREAS, in the evening of September 5, 2024, a vegetation fire, referred to as the" Line Fire," occurred within the boundaries of San Bernardino County, posing a threat to lives, property, and the environment within San Bernardino County communities; and WHEREAS, as of September 7, 2024, the National Weather Service has forecasted excessive heat warnings through the weekend, until September 9, 2024, at temperatures as high as 107 degrees Fahrenheit; and
WHEREAS, the Line Fire has rapidly spread, necessitating evacuations warnings and orders issued by the San Bernardino County Sheriff- Coroner- Public Administrator, and the Line Fire is an ongoing threat to San Bernardino County communities; and
WHEREAS, on September7, 2024, human shelteringwas openedat the Immanuel Baptist Church, 28355 Baseline Street, in the City of Highland, California; and WHEREAS, on September 7, 2024, large animal sheltering was established at the Devore Animal Shelter, 19777ShelterWay, in the City of SanBernardino, California; and WHEREAS, as of September 7, 2024, the Line Fire had burned over 7, 000 acres with 0% containment; and
WHEREAS, the rapid spread of the fire has necessitated immediate action to protect the safety and well-being of SanBernardino County residentsandto mitigate further damage; and WHEREAS, the Board of Supervisors of San Bernardino County is not in session and cannot immediately be called into session;
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency exists within San Bernardino County; and
IT IS FURTHER PROCLAIMED AND ORDERED that as of this date all San Bernardino County departments and agencies take those actions, measures, and steps deemed necessary to assure the safety and welfare of County residentsandproperty, including requestingmutual aid to the extent suchaid is necessary,_ and during the existenceof said local emergencythe powers and duties of the emergencyorganization of the Countyshallbethoseprescribedby Statelaw,by charter,ordinances, andresolutionsof thisCounty, andby the current SanBernardino County EmergencyPlan, asapprovedby the Board of Supervisors.
IT IS FURTHER PROCLAIMED AND ORDERED that this local emergencybe ratified by the County Board of Supervisorsin accordancewith section 8630 of the California GovernmentCode.
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IT IS FURTHER PROCLAIMED AND ORDERED that said local emergency shall be deemed to continue to exist until its termination is proclaimed by the Board of Supervisors or it is terminated by operation of law.
IT IS FURTHER PROCLAIMED AND ORDERED that a copy of this proclamation be forwarded to the Governor of California.
IT IS FURTHER PROCLAIMED AND ORDERED that the San Bernardino County Director of Emergency Services and the County Chief Executive Officer shall be entitled to sign and transmit an electronic signature of this Proclamation (whether by facsimile, PDF, or other mail transmission), which signature shall be binding on the party whose name is contained therein.
IT IS FURTHER ORDERED that a copy of this proclamation be forwarded to the Director of the California Governor' s Office of Emergency Services.
Dated:
9/ 7/ 24
Time of Signing: 6: 15 pm
Snoke
Director of Emergency Services,
San Bernardino County, and
Chief Executive Officer,
San Bernardino County
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ATTACHMENT 4
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RESOLUTION NO. 2024- 0XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA,
RATIFYING A PROCLAMATION OF A LOCAL EMERGENCY IN THE CITY OF HIGHLAND ISSUED BY THE CITY'S DIRECTOR OF EMERGENCY SERVICES ON SEPTEMBER 11, 2024, AS A RESULT OF THE LINE FIRE
WHEREAS, Section 2. 44. 060 of the Highland Municipal Code (" HMC") authorizes the CityCouncilto proclaimtheexistenceofa "LocalEmergency" anddelegatessuchauthorityto the City's Director of Emergency Services if the City Council is not in session; and WHEREAS, on the evening of Thursday, September 5, 2024, the Line Fire broke out in Highland. Overthe weekend, the fire intensifiedand is currentlyover34,600 acresin size and is only 14% contained; and
WHEREAS, theLineFireiscurrentlycausingconditionsof extremeperilto thesafetyof persons and property within the City of Highland and has resulted in the evacuation warnings for parts of the City; and
WHEREAS, on September7, 2024, the Countyof San Bernardinoproclaimeda local emergency as a result of the Line Fire; and
WHEREAS, onSeptember7, 2024, GovernorNewsomproclaimedaStateofEmergency in San Bernardino County as a result of the Line Fire and announced that California has secured a FireManagementAssistanceGrantfromthe FederalEmergencyManagementAgency FEMA) to help ensure the availability of vital resources to suppress the fire; and WHEREAS, HMC Section 2. 44. 060 designates the City Manager, as Director of EmergencyServices, to proclaimthe existenceor threatenedexistenceof a localemergency whenthe City Councilis not in session, subjectto ratificationby the City Councilwithinseven days; and
WHEREAS, September 11, 2024, the City Manager, in his capacity as Director of EmergencyServices, dulyandreasonablyproclaimedtheexistenceofa localemergencyinthe City of Highland on that date due to the Line Fire; and WHEREAS, CMC Section 2.44.060(A) states that the City Council shall take action to ratify the proclamation of the Director of Emergency Services within seven (7) days thereafter or the proclamation shall have no further force and effect.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED AS FOLLOWS:
Section 1. The City Council does hereby find that the aforesaid conditions of extreme perildid warrantand necessitatethe proclamationof the existenceof a localemergencybythe Director of Emergency Services on September 11, 2024, due to the Line Fire. -14-
Section 2. The local emergency shall be in effect from and including September 11, 2024, untilsuchtimethat the CityCouncildeterminesthatthe emergencyconditionshavebeen abated.
Section 3. The City Councilshall reviewthis proclamationof localemergencyat least onceeverysixty (60) days untilthe CityCouncilterminatesthe localemergency.
Section 4. During the existence of this local emergency the powers, functions, and dutiesof the emergencyorganizationof the City of Highlandshallbe thoseprescribedby applicable statutes, ordinances, and resolutions, and by the City's Emergency Operations Plan.
PASSED, APPROVED AND ADOPTED on the 12th day of September 2024.
Penny Lilburn
Mayor
ATTEST:
Alondra Munoz
City Clerk
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