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Home My WebLink About1997-01-28; City Council; Resolution 97-35W .* 0 0 1 2 3 4 RESOLUTION NO. 97-35 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 5 WHEREAS, on Monday, October 21,1996, the City Manager of the City 6 Council was not at that time in session; and 9 emergency affected the City and was likely to create a public calamity and the Ci 8 continued and threatened existence of the Harmony fire in Carlsbad and SUC 7 Carlsbad proclaimed the existence of a local emergency due to the existence at 10 WHEREAS, on Tuesday, October 22, 1996, the City Council convened i 11 catastrophic fire within the City of Carlsbad which fire has caused, continues to caus 12 a special emergency session at 12:08 a.m. and declared a state of emergency due to om sug YZ % g $ l3 and threatens to continue to cause property damage, personal injuries and othl JOU2 dty zwcng "u%n Lorn c$% GO 3:zz 2;sz o " n $2 l5 amount at this time; and JkcJ l4 economic and social costs and damages resulting from this disaster of an unknow ozJ ~ 16 00s WHEREAS, in accordance with the laws of the State of California, the Cii QOJ ' 7 18 Council declared an emergency did exist throughout Carlsbad; and October 21 , 1996 at 6:25 p.m.; and 2o a Local Emergency (attached 'as Exhibit A) declared by the City Manager on Monda l9 WHEREAS, the City Council did ratify the Proclamation of an Existence ( 21 22 23 24 25 26 27 WHEREAS, there is a need to continue the state of local emergenc declared Tuesday, October 22, 1996, continued by the adoption of Resolution No. 91 373 on November 5, 1996, continued by the adoption of Resolution No. 96-397 o November 19, 1996, continued by the adoption of Resolution No. 96-414 on Decembf 3, 1996, continued by the adoption of Resolution No. 96-414 on December 17, 1991 and further continued by the adoption of Resolution No. 97-1 1 on January 7, 1997 whic 28 - 0 0 1 2 3 4 5 6 7 8 9 10 11 9m Yz mug aa,O rrK& d;g% ls;zz OOOB UtSK $;$i zum4 OZ’O ErrZD 00s i=ow >2% 60 aoA 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 need includes mitigation of property damage, coordination of disaster relief, placemel of erosion control devices and construction and placement of other devices, includin appropriate fire and building measures necessary to abate hazards created by th Harmony fire; and WHEREAS, said local emergency continues until the calamitous fire an resulting damage is abated; and WHEREAS, it is the intent of the City Council to seek the maximum air 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 tc effectuate this intent, WHEREAS, the Governor declared a state of emergency on Tuesday October 22, 1996, WHEREAS, the President of the United States declared a nationa emergency area in certain counties in Southern California, including San Diego Couno and the City of Carlsbad, and WHEREAS, state law requires the City Council to review the need fo continuing the state of local emergency at least every 21 days pursuant to Governmenl Code section 8630(c)(2) and that the Council shall proclaim the termination of the loca, emergency at the earliest possible date that conditions warrant, and WHEREAS, the Council has received the necessary information and 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 and ended, there is still need for the state of local emergency to continue requiring damage repairs, assessments and mitigation measures, erosion control measures and other measures in order to prevent further perilous damage and to ensure the health and safety of the citizens of Carlsbad, and II h L h 0 0 1 WHEREAS, the City of Carlsbad intends to file a notice of intere! 2 Presidential Emergency Declaration due to the October 21, 1996 Harmony fire. 3 regarding applying for federal and state disaster assistance in conjunction with th 4 WHEREAS, the Governor's Office of Emergency Services has reporte 5 was denied ; and 6 that the state's request to upgrade the federal emergency declaration to a major disaste 7 WHEREAS, there is a need to continue the state of the local emergenq 8 3, 1996, continued by the adoption-of Resolution No. 96-436 on December 17, 1996, 11 November 19, 1996, continued by the adoption of Resolution No. 96-414 on Decembe 10 373 on November 5, 1996, continued by the adoption of Resolution No. 96-397 or 9 declared Tuesday, October 22, 1996, continued by the adoption of Resolution No. 96. 0 suJg sg$ dz;% s;:s 0002 <;sz 5g50 IrcK%d 003 aod LOG9 $e% 50 52 dtS" 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and further continued by the adoption of Resolution No. 97-1 1 on January 11 , 1997 which need includes mitigation of property damage, coordination of disaster relief, placement of erosion control devices and construction and placement of other devices, including appropriate fire and building measures necessary to abate hazards created by the Harmony fire. ... ... ... .. . ... ... ... ... ... ... ~ 3 ._ 0 a 1 2 NOW, THEREFORE, BE IT RESOLVED that 3 1. The above recitations are true and correct. 4 2. The need for this continuing declaration shall be reviewed within 2' 5 PASSED, APPROVED AND ADOPTED at a regular meeting of the Cit 6 days in accordance with state law. 7 AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall 9 1997, by the following vote, to wit: 8 Council of the City of Carlsbad, California, on the 28th day of January 10 NOES: None l1 ll a Yr Err& an8 $044 a"aB 2;s; OZJO ZwmQ Eu$~ sug &SE iz E:; d;g% p$ 401 GO 12 13 14 15 16 17 I€! I/ 19 20 21 22 23 24 25 26 27 28 ABSENT: None ATEST: I 4 " I \ 1 (By Otttctar of Emergency Services++) WEREAS, f Ordinance Ho. 1152 of the City of Corlrbrd carpoweti Of rector of EQsrgcncy Sewkm++. tb pmct ria the existence or thm existence of P local emrgcnty when said Ctty Is affected or llktly 4 affected by P public calamity and the City tounctl Is not fn sttslan; and W€RfAs, the Dfrectur of Eaargency Scrvltcs of the City of Car does hereby f hd.: **. .) That condittons of extrws per! of perrons and pro have artsen wlthfn sald Cttp, caused by tarn, epidemic, s earthquab, or other: cautej* That the CJty Council of the ti ty of Carlsbad js not in session caanat trtmediately be called into serlrion): MU, THEREFORE, IT IS HLREBY PRQCLAIREO that a local cmrgeaq exlsts throughout srfd Cfty; 2nd IT IS FURTHER PROCWHEO AN0 OkDEREI) that during the exfstence of local emergency the powers, functions and duties of the egtrgerrcy organit of this City shrl I be thm proscribed by state law, by (chrrttt) ordin and resolutions of this City, and by the City of Carttba Wrgency Plar approved by the C Ity Counci 1 on 1 a - ;5;1. . B I& 1 i C."I""" . fThh farm may be used when the dltector is authorized by ordinance to such a proclarnrt~on. It should be noted that Section 8630 of the Goverl Code provfdes: designated by ordltiance, the loca erne ency shall not remain In effecl far a period In excess of seva days r4Y un ess It has been rottffed by thl governing body * a I s Whenever a local em ency is proclaimed by an offfcia: **Use appraprfate title, at established by ordinance, .. .. ta-x;Yz , fiy& .r -..a " Enclosure A-14, Page 4 k