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Home My WebLink About1997-03-04; City Council; Resolution 97-940 0 1 RESOLUTION NO. 97-94 2 3 4 5 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 I 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 C 8 continued and threatened existence of the Harmony fire in Carlsbad and su 7 Carlsbad proclaimed the existence of a local emergency due to the existence a1 10 WHEREAS, on Tuesday, October 22, 1996, the City Council convened 11 a special emergency session at 12:08 a.m. and declared a state of emergency due to 0 12 Sw: catastrophic fire within the City of Carlsbad which fire has caused, continues to cau: 2 6 2 l3 3UC3 a08 and threatens to continue to cause property damage, personal injuries and 0th m>.,z ow2 amount at this time; and 9 o 8 a- n u. l5 economic and social costs and damages resulting from this disaster of an unknov aogs l4 ctsg S&$$ $$$x 16 WHEREAS, in accordance with the laws of the State of California, the C E22 <a1 >22 60 l7 Council declared an emergency did exist throughout Carlsbad; and 18 WHEREAS, the City Council did ratify the Proclamation of an Existence l9 a Local Emergency (attached as Exhibit A) declared by the City Manager on Monday, 20 21 22 23 24 25 26 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 effectuate this intent, 27 ll 28 a 0 1 2 3 4 5 6 7 8 9 10 11 00, Ye <08 “E& oug 3UU so<< OOOU OZJO S&%a ““50 003 Lam ELI >Y% Qmu? &;g J 3 a--, <OJ 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 WHEREAS, the Governor declared a state of emergency on Tuesdz October 22, 1996, WHEREAS, the President of the United States declared a natior emergency area in certain counties in Southern California, including San Diego Cour 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 Governme Code section 8630(c)(2) and that the Council shall proclaim the termination of the loc emergency at the earliest possible date that conditions warrant, and WHEREAS, the Council has received the necessary information a1 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 ai ended, there is still need for the state of local emergency to continue requiring dama! repairs, assessments and mitigation measures, erosion control measures and 0th measures in order to prevent further perilous damage and to ensure the health a1 safety of the citizens of Carlsbad, and WHEREAS, the City of Carlsbad intends to file a notice of interc regarding applying for federal and state disaster assistance in conjunction with t Presidential Emergency Declaration due to the October 21 , 1996 Harmony fire. WHEREAS, the Governor’s Office of Emergency Services has report( that the state’s request to upgrade the federal emergency declaration to a major disast was denied ; and WHEREAS, there is a need to continue the state of the 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 c November 19, 1996, continued by the adoption of Resolution No. 96-414 on Decemb, 2 " 0 0 1 2 3 4 5 6 7 8 9 10 11 0 SUE Y2 mum an8 oug iUU aoaa *ci$ u->o Do0lL <;si zuma oz-lo EE!$0 60 >'% E:; 40-1 12 13 14 15 16 17 18 19 20 3, 1996, continued by the adoption of Resolution No. 96-436 on December 17, 1996 continued by the adoption of Resolution No. 97-1 1 on January 7, 1997, continued 0;. the adoption of Resolution No. 97-35 on January 28, 1997 and further continued by th adoption of Resolution No. 97-70 on February 18, 1997 which need includes mitigatio of property damage, coordination of disaster relief, placement of erosion control device and construction and placement of other devices, including appropriate fire and buildin! measures necessary to abate hazards created by the Harmony fire. NOW, THEREFORE, BE IT RESOLVED that 1. The above recitations are true and correct. 2. The need for this continuing declaration shall be reviewed within 2' days in accordance with state law. PASSED, APPROVED AND ADOPTED at a regular meeting of the Cit Council of the City of Carlsbad, California, on the 4th day of March 1997, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall NOES: None ABSENT: None 21 22 ATTEST: 23 24 ALWk2iikta I 25 /I 26 27 28 3 1. .. e / 0 b L( m (By Director of bergtncy SarvIceP) WEREAS, ! Ordlnmce No. 1152 of the Ct ty of Carl sbrd colponcl Otrectar of hergency Semtces*. ta prrrctrh the existence or thn existence of a local eale my when ttld City 4s affected or ltkely affected by (t publlc calami 's y and fhe City Coundl is not tn tcstlon; and WHERUS, the Director of brgtny Stwfccs of the City of Ca does hereby fhd-: *. . - That condltions of extreme ertl t of persons and pr have rttscn wtthin srld Cftjr, cause B by tam, tpidtmic, rf eatthquih, or other. cause) That the City Councfl of the Cfty of Corlsbad Is not in setsio. casnat imediately be called fnto setstan): Noy, THER€FOt€f, IT IS HERUlY PRMLAIHfO that a local taargenc ex1 sts throughout srld Cfty; 2nd fT IS FURTHER PROCLAtHED AN0 ObErtEfl that durfng the existence o tocrl emergency the powers, functions and dutfes of the emergency organi of thls City shall be these prescribed by state law, by (chatter) ordl and resolutions of this City, an# by the City of Carlrbr hrgcncy PI4 approved by the C1 ty Counci 1 on t a - A 1 s I& i ".I.""""- . fThb form may be used when the dtrector is authorized by ordtntnce to such a proclamatfon. It should be noted that Section 8630 of thc"Cove Code provider: derfgnated by ordinance, the Iota erne ency shall nut remain in effe for a period tn excess of seven days 77 un ess it has been ratffied by t governing body o m . . Whenever I local ew ency is proclaimed by an offM a **Use appropriate title, at established by ordinance, .. -q .. .# --.- .* Enclasure A-IDA, Page 4 ,