HomeMy WebLinkAbout1997-04-15; City Council; Resolution 97-440b" T e 0
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RESOLUTION NO. 9 7 - 4 4 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CONTINUING THE EXISTENCE OF A LOCAL EMERGENCY AND REQUESTING OFFICE OF
IN RESPONDING TO SUCH EMERGENCY
~ EMERGENCY SERVICES ASSISTANCE AND CONCURRENCE
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5 WHEREAS, on Monday, October 21, 1996, the City Manager of the City (
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emergency affected the City and was likely to create a public calamity and the Cit 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 an
Council was not at that time in session; and
10 WHEREAS, on Tuesday, October 22, 1996, the City Council convened i
11 a special emergency session at 12:08 a.m. and declared a state of emergency due to
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catastrophic fire within the City of Carlsbad which fire has caused, continues to caus
and threatens to continue to cause property damage, personal injuries and othc
1 economic and social costs and damages resulting from this disaster of an unknow
amount at this time; and
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WHEREAS, in accordance with the laws of the State of California, the Cit
Council declared an emergency did exist throughout Carlsbad; and
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a Local Emergency (attached as Exhibit A) declared by the City Manager on Monday, l9
WHEREAS, the City Council did ratify the Proclamation of an Existence c
WHEREAS, said local emergency continues until the calamitous fire an'
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resulting damage is abated; and
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WHEREAS, it is the intent of the City Council to seek the maximum aic
comfort and restitution of its citizens who are victims of this calamity; and
24 WHEREAS, it is the intent of the City Council to do all things necessary tc
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effectuate this intent,
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1 WHEREAS, the Governor declared a state of emergency on Tuesda)
2 October 22, 1996,
3 WHEREAS, the President of the United States declared a nation;
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emergency area in certain counties in Southern California, including San Diego Count
WHEREAS, state law requires the City Council to review the need fc 6
and the City of Carlsbad, and
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continuing the state of local emergency at least every 21 days pursuant to Governmer
emergency at the earliest possible date that conditions warrant, and 9
Code section 8630(c)(2) and that the Council shall proclaim the termination of the loc:
10 WHEREAS, the Council has received the necessary information an1
11 update in order to evaluate the continuing need for a local state of emergency, and
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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 damag
repairs, assessments and mitigation measures, erosion control measures and othc
measures in order to prevent further perilous damage and to ensure the health anc
safety of the citizens of Carlsbad, and
WHEREAS, the City of Carlsbad intends to file a notice of interes
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Presidential Emergency Declaration due to the October 21, 1996 Harmony fire. l9
regarding applying for federal and state disaster assistance in conjunction with thl
WHEREAS, the Governor's Office of Emergency Services has reportel
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that the state's request to upgrade the federal emergency declaration to a major disastc
was denied ; and
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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. 96.
25 I/ 373 on November 5, 1996, continued by the adoption of Resolution No. 96-397 or
26 11 November 19, 1996, continued by the adoption of Resolution No. 96-414 on Decembe
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necessary to abate hazards created by the Harmony fire. 9
and placement of other devices, including appropriate fire and building measure: 8
coordination of disaster relief, placement of erosion control devices and constructior 7
97-409 on March 25, 1997 which need includes mitigation of property damage. 6
No. 97-94 on March 4, 1997 and further continued by the adoption of Resolution No. 5
Resolution No. 97-70 on February 18, 1997, continued by the adoption of Resolutior 4
the adoption of Resolution No. 97-35 on January 28, 1997, continued by the adoption o 3
continued by the adoption of Resolution No. 97-1 1 on January 7, 1997, continued b\ 2
3, 1996, continued by the adoption of Resolution No. 96-436 on December 17, 1996,
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1. The above recitations are true and correct. 11
NOW, THEREFORE, BE IT RESOLVED that
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2. The need for this continuinsg declaration shall be reviewed within 21
days in accordance with state law.
PASSED, APPROVED AND AIDOPTED at a regular meeting of the Cit
Council of the City of Carlsbad, California, on the 15th day of April
1997, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin and Hall
NOES: None
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ABSENT: Council Member Nygaar
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ALETHA E. RAUTENK
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PROCl AMATIOH OF EXISTFNCE OF A COCA1 EMWNCY
(By Director of.. Gnergency Services**)
WHEREAS, !,Ordinance NO. 1152 of tihe City of Carlsbad empowers th! Director of Emergency services** ta proclairn the existence or threatenec existence of a local emergency when said City is affected or 11 kely to bl affected by a public calamity and the City Council 1s not in session; and
WHEREAS, the Ofrector of Emergenciy Services of the City of Carlsba
That conditions of extreme peril tlqhepfet of persons and proper1
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have arisen within said City, caused by .% Fire: :{o$!tonn, epidemic, riot,
earthquake, or other cause)
That the City Council of the City of Carlsbad is not in session (a cannot imnediately be called into session);
NOW, THEREFORE, IT IS HEREBY PROCLAIt4ED that a loci1 emergency II exists throughout said City; and
local emergency the powers, functions and duties of the emergency organizat of this CI ty shall be those prescribed by state law, by (charter) ordinanl and resolutions of this City, and by the City of Carlsba Emergency Plan, approved by the City Council on \a - '& 1 , 19&
I IT IS FURTHER PROCLAIMED AND O-mERED that during the existence of Si
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. . *This form may be used when the director is authorized by ordinance to is such a proclamation. It should be noted that Section 8630 of the Governrr Code provides:
". . . Whenever a local emergenqy is procl aimed by an offici a1 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 . . . '
*+Use appropriate title, at established by ordinance.
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RAYMOND ATCHETT, CITY MANAGER CITY OF ARLSBAD, CALIFORNIA s DA E 5 .a. -..e
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Enclosure A-1-A, Page 4
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