HomeMy WebLinkAbout1997-01-09; City Council; Resolution 97-116 @ 0 EXHIBIT 1
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RESOLUTION NO. 9 7 - 11
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 City
Carlsbad proclaimed the existence of a local emergency due to the existence ar
continued and threatened existence of the Harmony fire in Carlsbad and SUC
emergency affected the City and was likely to create a public calamity and the Ci
Council was not at that time in session; and
WHEREAS, on Tuesday, October 22, 1996, the City Council convened
a special emergency session at 12:08 a.m. and declared a state of emergency due to
catastrophic fire within the City of Carlsbad which fire has caused, continues to cau:
and threatens to continue to cause property damage, personal injuries and 0th
economic and social costs and damages resulting from this disaster of an unknov
amount at this time; and
WHEREAS, in accordance with the laws of the State of California, the Ci
Council declared an emergency did exist throughout Carlsbad; and
- 18 WHEREAS, the City Council did ratify the Proclamation of an Existence 1
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a Local Emergency (attached 'as Exhibit A) declared by the City Manager on Monda
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October 21, 1996 at 6:25 p.m.; and
WHEREAS, there is a need to continue the state of local emergenc
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declared Tuesday, October 22, 1996, continued by the adoption of Resolution No. 9
373 on November 5, 1996, continued by the adoption of Resolution No. 96-397 c
24 11 November 19, 1996, and further continued by the adoption of Resolution No. 96-414 c
25 I/ December 3, 1996, which need includes mitigation of property damage, coordination 1
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disaster relief, placement of erosion control devices and construction and placement
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other devices, including appropriate fire and building measures necessary to abai
hazards created by the Harmony fire; and
WHEREAS, said local emergency continues until the calamitous fire ar
resulting damage is abated; and
WHEREAS, it is the intent of the City Council to seek the maximum ai{
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 necessary 1
effectuate this intent,
WHEREAS, the Governor declared a state of emergency on Tuesda:
October 22, 1996,
WHEREAS, the President of the United States declared a nation;
emergency area in certain counties in Southern California, including San Diego Count
and the City of Carlsbad, and
WHEREAS, state law requires the City Council to review the need fc
continuing the state of local emergency at least every 21 days pursuant to Governmer
Code section 8630(c)(2) and that the Council shall proclaim the termination of the loa
emergency at the earliest possible date that conditions warrant, and
~ WHEREAS, the Council has received the necessary information anc
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 an(
ended, there is still need for the state of local emergency to continue requiring damagl
repairs, assessments and mitigation measures, erosion control measures and othc
~ measures in order to prevent further perilous damage and to ensure the health an1
safety of the citizens of Carlsbad, and
WHEREAS, the City of Carlsbad intends to file a notice of interes
regarding applying for federal and state disaster assistance in conjunction with thc
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1 Presidential Emergency Declaration due to the October 21, 1996 Harmony fire.
2 WHEREAS, there is a need to continue the state of the local ernergenc
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declared Tuesday, October 22, 1996, continued by the adoption of Resolution No. 9f
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November 19, 1996, continued by the adoption of Resolution No. 96-414 on Decembe 5
373 on November 5, 1996, continued by the adoption of Resolution No. 96-397 o
devices, including appropriate fire and building measures necessary to abate hazard 9
relief, placement of erosion control devices and construction and placement of othc 8
17, 1996, which need includes mitigation of property damage, coordination of disastc 7
3, 1996, and further continued by the adoption of Resolution No. 96-436 on Decembc
10 created by the Harmony fire.
11 NOW, THEREFORE, BE IT RESOLVED that
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1. The above recitations are true and correct.
2. The need for this continuing declaration shall be reviewed within 2
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days in accordance with state law.
1997, by the following vote, to wit: 1 7
Council of the City of Carlsbad, California, on the 7th day of Januaw l6
PASSED, APPROVED AND ADOPTED at a regular meeting of the Cit
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AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall
NOES: None
ABSENT: None
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AITEST:
26 ll!&tLL 2. @=x&L4,,
27 ALETHA L. RAUTENKRANZ, City Clkrk
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PffoCrAnATIoN or EXLmcE OF A LQW EnERGENCY b
(By Ofrector of Gnergency ServkeP)
WEREAS,f Ordinance NO. 1152 of the Ctty of Carlsbad empowers 1 Director of Emergency ScrvOcesf*. to proelria the existence or thrertec exlstence of a kat emergency when safd Ctty 1s affected ar llkely to affected by P public calamity and the Ctty Council ts not in session; and
WEREAS, the OIrector of Emergency Servlces of the City of Corls1 does hereby ffnd: *. . -
That condWons of extreme peril tqhqcUfet of persons and propel have arfsen wlthln said Cftj., caused by w' - .
?fire, floodTstom, epidemic, riot,
earthquake, or other. cause) *
That the CIty Council of the tfty of Corlsbad is not in setsfon ( cannot Inmediately be called into session);
NOM, THEREFORE, IT IS HEREBY PROCLASHED that a local emergency exists throughout said City; and
If IS FURTHER PROCLAIHED AND ObERED that during the existence of : local emergency the powers, functions and duties of the emergency organizal of this City shall be those prescribed by state law9 by (chatter) ordinar and resolutions of thts City, and by the City of Carlsbo Emergency Plan, approved by the City Counci 1 on \a - x - \ , '93%
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. *This form may be used nhen the director is authorized by ordinance to i: such a proclamation. It should be noted that Section 8630 of the Govern1 Code provides:
,, . . . Whenever a local emergency It prod aimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body e I
I **Use appropriate title, at established by ordinance.
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