HomeMy WebLinkAbout1996-12-17; City Council; Resolution 96-4361
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RESOLUTION NO. 96-436
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CONTINUING THE EXISTENCE OF A
LOCAL EMERGENCY AND REQUESTING OFFICE OF EMERGENCY SERVICES ASSISTANCE AND CONCURRENCE IN RESPONDING TO SUCH EMERGENCY
WHEREAS, on Monday, October 21 , 1996, the City Manager of the Cit
Carlsbad proclaimed the existence of a local emergency due to the existence l
continued and threatened existence of the Harmony fire in Carlsbad and s
emergency affected the City and was likely to create a public calamity and the
Council was not at that time in session; and
WHEREAS, on Tuesday, October 22, 1996, the City Council convene
a special emergency session at 12:08 a.m. and declared a state of emergency due
catastrophic fire within the City of Carlsbad which fire has caused, continues to ca
and threatens to continue to cause property damage, personal injuries and oi
economic and social costs and damages resulting from this disaster of an unknc
amount at this time; and
WHEREAS, in accordance with the laws of the State of California, the '
Council declared an emergency did exist throughout Carlsbad; and
WHEREAS, the City Council did ratify the Proclamation of an Existencc
a Local Emergency (attached as Exhibit A) declared by the City Manager on Mond
October 21, 1996 at 6:25 p.m.; and
WHEREAS, there is a need to continue the state of local emerge
declared Tuesday, October 22, 1996, continued by the adoption of Resolution No.
373 on November 5, 1996, continued by the adoption of Resolution No. 96-397
November 19, 1996, and further continued by the adoption of Resolution No. 96-414
December 3, 1996, which need includes mitigation of property damage, coordinatior
disaster relief, placement of erosion control devices and construction and placemen
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other devices, including appropriate fire and building measures necessary to at
hazards created by the Harmony fire; and
WHEREAS, said local emergency continues until the calamitous fire
resulting damage is abated; and
WHEREAS, it is the intent of the City Council to seek the maximum
comfort and restitution of its citizens who are victims of this calamity; and
WHEREAS, it is the intent of the City Council to do all things necessar
effectuate this intent,
WHEREAS, the Governor declared a state of emergency on Tuesc
October 22, 1996,
WHEREAS, the President of the United States declared a natic
emergency area in certain counties in Southern California, including San Diego Coi
and the City of Carlsbad, and
WHEREAS, state law requires the City Council to review the need
continuing the state of local emergency at least every 21 days pursuant to Governm
Code section 8630(c)(2) and that the Council shall proclaim the termination of the IC
emergency at the earliest possible date that conditions warrant, and
WHEREAS, the Council has received the necessary information i
update in order to evaluate the continuing need for a local state of emergency, and
WHEREAS, even though the actual fire has now been controlled i
ended, there is still need for the state of local emergency to continue requiring dam;
repairs, assessments and mitigation measures, erosion control measures and 01
measures in order to prevent further perilous damage and to ensure the health i
safety of the citizens of Carlsbad, and
WHEREAS, the City of Carlsbad intends to file a notice of inter
regarding applying for federal and state disaster assistance in conjunction with
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Presidential Emergency Declaration due to the October 21, 1996 Harmony fire.
WHEREAS, there is a need to continue the state of the local emerge
declared Tuesday, October 22, 1996, continued by the adoption of Resolution No.
373 on November 5, 1996, continued by the adoption of Resolution No. 96-397
November 19, 1996, and further continued by the adoption of Resolution No. 96-41L
December 3, 1996, which need includes mitigation of property damage, coordinatio
disaster relief, placement of erosion control devices and construction and placemen
other devices, including appropriate fire and building measures necessary to ab
hazards created by the Harmony fire.
NOW, THEREFORE, BE IT RESOLVED that:
I. The above recitations are true and correct.
2. The need for this continuing declaration shall be reviewed within
days in accordance with state law.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Council of the City of Carlsbad, California, on the 17th day of December , IC
by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall
NOES: None
ABSENT: None
ATTEST:
LlQCtA-2 @a,, ALETHA L. RAUTENKRANZ, City Cle*
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such a proclamation. Code provides:
It should be noted that Sectton 8630 of the Govei
designated by ordinance, the local emergency shall not r.emaln in effe for a period in excess of seven days unless it has been I'atified by t governing body a m '
**Use appropriate title, at establ fshed by ordinance.