HomeMy WebLinkAbout1997-05-13; City Council; Resolution 97-46111 e 0
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RESOLUTION NO. 97-461
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 1
5 WHEREAS, on Monday, October 21, 1996, the City Manager of the City (
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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 9
emergency affected the City and was likely to create a public calamity and the Ci
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
12 catastrophic fire within the City of Carlsbad which fire has caused, continues to caw
SW% 2 2 Z 13 and threatens to continue to cause property damage, personal injuries and othl am8 ow%
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~oaa l4 “‘’5 economic and social costs and damages resulting from this disaster of an unknov
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E“$O WHEREAS, in accordance with the laws of the State of California, the Ci P:$ ozJo- 16
401 >Z$ 50 ’ 7 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,
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WHEREAS, said local emergency continues until the calamitous fire at
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,
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1 WHEREAS, the Governor declared a state of emergency on Tuesda;
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October 22, 1996,
WHEREAS, the President of the United States declared a nation;
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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 8
continuing the state of local emergency at least every 21 days pursuant to Governmel 7
WHEREAS, state law requires the City Council to review the need fc 6
and the City of Carlsbad, and 5
emergency area in certain counties in Southern California, including San Diego Couni
10 WHEREAS, the Council has received the necessary information ar
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 ar
ended, there is still need for the state of local emergency to continue requiring damac
repairs, assessments and mitigation measures, erosion control measures and othl
measures in order to prevent further perilous damage and to ensure the health ar
safety of the citizens of Carlsbad, and
WHEREAS, the City of Carlsbad intends to file a notice of intere
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Presidential Emergency Declaration due to the October 21, 1996 Harmony fire.
regarding applying for federal and state disaster assistance in conjunction with tt
WHEREAS, the Governor's Office of Emergency Services has reportc
21 11 that the state's request to upgrade the federal emergency declaration to a major disast
22 I/ 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. 9r
373 on November 5, 1996, Resolution No. 96-397 on November 19, 1996, Resolutic
No. 96-414 on December 3, 1996, Resolution No. 96-436 on December 17, 199
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Resolution No. 97-1 I on January 7, 1997, Resolution No. 97-35 on January 28, 1997
Resolution No. 97-70 on February 18, 1997, Resolution No. 97-94 on March 4, 1997
Resolution No. 97-409 on March 25, 1997, and further continued by adoption o
Resolution No. 97-440 on April 15, 1997 which need includes mitigation of propea
damage, coordination of disaster relief, placement of erosion control devices anc
construction and placement of other devices, including appropriate fire and buildins
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 21
days in accordance with state law.
PASSED, APPROVED AND ADOPTED at a regular meeting of the CiQ
Council of the City of Carlsbad, California, on the 13th day of Mav , 1997
by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, Hall
NOES: None
ABSENT: None
ATTEST:
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e .' m\ I -. PROCLAMATION OF EXISTFNCE OF A LOCBENCY
(BY Director of.. Emergency Services++)
WHEREAS, F Ordinance NO. 1152 of the City of Carlsbad empowers th Director of Emergency serYiCeS** to' proclaim .the existence or threatene existence of a local emergency when said Cfty is affected or likely to t affected by a public calamity and the City Council is not in session; and
WHEREAS, the Director of Emergency Services of the City of Carlsbi does hereby find: .-
That conditions of extreme peril tofhqafet of persons and proper' have arisen within said City, caused by \' \ t..
(fire, f\ood;-storm, epidemic, riot,
earthquake, or other cause)
cannot immediately be called into session); That the City Council of the City of Carlsbad is not in session (2
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency r exists throughout said City; and
i IT IS FURTHER PROCLAIMED AN0 O-MERED that during the existence of s. local emergency the powers, functions and duttes of the emergency organirat 0 of this City shall be those prescribed by state law, by (charter) ordinan and resolutions of this City, and by the City of Carlsbr Emergency Plan, approved by the City Council on \a - x - \ , 19&
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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 Governn Code provides:
" . . . Whenever a 1 oca1 emergency 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 . . . I
**Use appropriate title, at established by ordinance.
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- \cl-x;uc: 6"*$ RAYMOND ATCHETT, CITY MANAGER CITY OF s ARLSBAD, CALIFORNIA 5 .&. "_*
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Enclosure A-14, Page 4 mS