HomeMy WebLinkAbout1996-11-05; City Council; 13887; CONTINUATION OF THE DECLARATION OF A STATE OF LOCAL EMERGENCY RESULTING FROM THE HARMONY FIRE-# i - W CITY OF CARLSBAD -AGENDA BILL
OF LOCAL EMERGENCY RESULTING FROM
RECOMMENDED ACTION:
Adopt Resolution Nos. %~-373 declaring a continuing si
emergency, authorization to seek reimbursement from state and federal a(
coordinating volunteer efforts.
ITEM EXPLANATION:
The disastrous Harmony fire which caused property damage and personal injuries
Carlsbad resulted in the proclamation of a local emergency by the City Manager
October 21, 1996. The fire continued its disastrous consequences and the City Cc
Special Emergency Session at 12:08 a.m. on Tuesday, October 22, 1996, anc
proclamation by the City Manager and declared a state of local emergency at th;
Governor of the State of California visited Carlsbad in response to the City’s re
declaration of a state emergency. The Governor so declared a state emergency ir
10:15 a.m. on Tuesday, October 22, 1996. Subsequently, the President of the 1
declared certain Southern California counties, including San Diego County anc
Carlsbad disaster areas pursuant to Presidential powers allowing the City to see
federal assistance. The Council subsequently convened several times that day pu
and 9cP -33 Y
the maximum aid and comfort to persons adversely affected by this disastrous fire.
received further updates and information on the Harmony fire at its meeting
October 22, 1996, at 7:OO p.m. which was held in accordance with the emergency (
the Ralph M. Brown Act pursuant to Government Code sections 54954.2(b)(I) and
State law requires that the Council review the status of the local emergency at le
and that the situation has resulted in conditions which are now deemed to be with
There has also been an outpouring of offers of voluntary assistance by private in
organizations and requests made that the City assist in and coordinate some oft
If the Council so desires, attached are the necessary documents to coordinate tht
cover the volunteers under our Workers’ Compensation program and to release
any liability in connection therewith. I
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ENVIRONMENTAL REVIEW!
These actions are exempt from environmental review pursuant to Public Reso
section 21 080(b)(4) and CEQA Guidelines section 15359 for specific actions n
prevent or mitigate an emergency.
FISCAL IMPACT:
The Harmony fire has resulted in substantial public and private costs. Staff is in thr
assembling the scope of these costs in order to seek the maximum available assi
local, state and federal agencies.
EXHIBITS:
1. Resolution No. q(e-33 3 .
2. Resolution No. 942 -39 Y .
3. Volunteer Status, Assumption of Risk and Waiver of Liability.
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RESOLUTION NO. 96373
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 Ci
Carlsbad proclaimed the existence of a local emergency due to the existence
'continued and threatened existence of the Harmony fire in Carlsbad and
emergency affected the City and was likely to create a public calamity and the
Council was not at that time in session; and
WHEREAS, on Tuesday, October 22,1996, the City Council conven
a special emergency session at 12:08 a.m. and declared a state of emergency due
catastrophic fire within the City of Carlsbad which fire has caused, continues to c
and threatens to continue to cause property damage, personal injuries and
economic and social costs and damages resulting from this disaster of an unk
amount at this time; and
WHEREAS, in accordance with the laws of the State of California, thc
Council declared an emergency did exist throughout Carlsbad; and
WHEREAS, the City Council did ratif) the Proclamation of an Existei
a Local Emergency (attached as Exhibit A) declared by the City Manager on Mc
October 21 , 1996 at 6:25 p.m.; and
WHEREAS, said local emergency continues until the calamitous fir
resulting damage is abated; and
WHEREAS, it is the intent of the City Council to seek the maximui
comfort and restitution of its citizens who are victims of this calamity; and
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WHEREAS, it is the intent of the City Council to do all things necessai
effectuate this intent,
WHEREAS, the Governor declared a state of emergency on Tues
October 22,1996,
WHEREAS, the President of the United States declared a national disi
in certain counties in Southern California, including San Diego County and the Ci
Carlsbad, and
WHEREAS, state law requires the City Council to review the nee1
continuing the state of local emergency at least every 21 days pursuant to Goverr
Code section 8630(c)(2) and that the Council shall proclaim the termination of the
emergency at the earliest possible date that conditions warrant, and
WHEREAS, the Council has received the necessary information
update in order to evaluate the continuing need for a local state of emergency, and
WHEREAS, even though the actual fire has now been controllec
ended, there is still need for the state of local emergency to continue requiring da
repairs, assessments and mitigation measures, erosion control measures and
measures in order to prevent further perilous damage and to ensure the healtl
safety of the citizens of Carlsbad, and
WHEREAS, the City of Carlsbad intends to file a notice of ir
regarding applying for federal and state disaster assistance in conjunction wi
Presidential Disaster Declaration due to the October 21, 1996 Harmony fire.
NOW, THEREFORE, BE IT RESOLVED that
1. The above recitations are true and correct.
2. There is a need to continue the state of the local emergency de
Tuesday, October 22, 1996, which need includes mitigation of property ds
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coordination of disaster relief, placement of erosion control devices and construction
p/acement of other devices, including appropriate fire and building measures neces
to abate hazards created by the Harmony fire.
3. The need for this continuing declaration shall be reviewed withi
days in accordance with state law.
4. The following persons shall be authorized to execute any an
documents on behalf of the City for the purposes of obtaining federal and state fin2
assistance under the appropriate federal and state laws, Claude A Lewis, M
Raymond R. Patchett, City Manager; Ronald R. Ball, City Attorney; Frank Mar
Assistant City Manager and James Elliott, Financial Management Director.
5. That the City Manager during the existence of the local emergenq
in his capacity of Director of Emergency Services shall be authorized to execute
contracts and order such work as is reasonably necessary to effectively respond I
emergency in order to protect the health, safety and welfare of the citizens of Car
and the rules requiring notice and advertisement af bidding for such contracts
likewise be suspended during the term of the emergency.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Council of the City of Carlsbad, California, on the 5th day of NOVEMBER , 1
by the following vote, to wit:
AYES:
NOES: None
ABSENT: None
Lewis, Nygaard, Kulchin, Finnila, Hall
AlTEST:
1 &THB/fi-dA u@wz
City Clerk
KAREN R. KUNDTZ, Assistant Cit
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PROCLAMATION OF FXTSTENCE OF A LOCN EYfRGENC'I 7
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(By 01 rector of Emergency Semi cesH)
WHEREAS,! Ordinance NO. 1152 of the City of Carlsbad empower! Director of Emergency ServfceP to prochien the existence or threa existence of a local emergency when said City is affected or likely affected by a public calamity and the City Council is not in session; and
WHEREAS, the Director of Emergency Services of the Cfty of Ca;
That conditions of extreme peril t of persons and Pr'
storm, epidemic, ri
does hereby find:. . -
have arisen within said City, caused by
earthquake, or other cause)
cannot imnediately be called into session);
exists throughout said City; and
local emergency the powers, functions and duttes of the emergency organ of this City shall be those prescribed by state law, by (charter) otd
and resolutions of this City, and by the City of Carisba Emergency P
That the City Counci? of the Cfty of Carlsbad Is not in sessio
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergen
IT IS FURTHER PROCUIHED AND ORDERED that during the existence
approved by the City Council on \a - x \ $ 19 A
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+This form may be used when the director is authorized by ordinance t such a proc?amation. It should be noted that Section 8630 of the Go!
Code provides:
". . . Whenever a local emergency is proclaimed by an offi designated by ordinance, the local emergency shall not remain in ef for a period in excess of seven days unless it has been ratified by governing body . . . "
**Use appropriate title, at established by ordinance.
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Zho CITY OF q YG!ET& ARLSBAD, CALIFORNIA hNAiER . .J. .*
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Enclosure A-1-A, Page 4 rn
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RESOLUTION NO. 96-374
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA DECLARING VOLUNTEER STATUS AND DIRECTING APPROPRIATE ASSUMPTION OF
THE RISK AND WAIVERS OF LIABILITY.
WHEREAS, there has been an outpouring of v
assistance from local citizens and local organizations, and
WHEREAS, the City Council is desirous of coori
those efforts in order to allow the maximum aid and comfoi
delivered to the citizens adversely affected by the di
Harmony Grove fire and covered such volunteer work ur
Workers' Compensation program in accordance with its
policy of covering volunteers and requiring assumption of
waivers of liability prior to such volunteer work.
NOW, THEREFORE, BE IT RESOLVED by the City Co
the City of Carlsbad, California, as follows:
1. That the above recitations are true and corrc
2. That the Risk Manager or such other apy
department as determined by the City Manager is dirc
coordinate the execution and filing of appropriate voluntec
forms which shall be substantially as shown in Exhibit trAg',
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PASSED, APPROVED AND ADOPTED at a Regular Meeting
day of J City Council of the City of Carlsbad on the
1996 by the following vote, to wit:
5th
AYES; Council
NOES: None
ABSENT: None
embers Lewis, Nygaard, Kulchin, Finnila, H
ATTEST:
Z, City Clerk
ant City Clerk
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VOLUNTEER STATUS. ASSUMPTION OF RISK
AND WAIVER OF LIABILITY
THIS IS A WAIVER AND RELEASE. READ IT CAREFULLY BEFORE YOU SIGN IT.
1. Volunteer Status. I hereby volunteer to assist during a
local emergency, state of emergency or state of war emergency i
understand that no reimbursement or compensation will be paid.
2. I hereby wai. and assume all risk and liability for any claim for personal injury or property damage which may occur as a result of the
rendering of volunteer service.
entering an area that has the potential for known and unknown
hazards and risks, including, but not limited to, the followin1
Assumption of Risk and Waiver of Liability.
I am aware that I will be
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and hereby assume any and all risk of personal injury to mysel or property damage and hereby waive any claim against the City Carlsbad and its agents, officers, servants, employees, and registered volunteers for personal injury or property damage including any and all claims or liability arising from their
negligence in connection with the rendering of volunteer servj
3. Indemnification. I shall indemnify and hold harmless the
City of Carlsbad from and against any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities,
including attorneys’ fees, resulting from, arising out of, or
not limited to, any claim fQr personal injury or property dam2
In addition, I shall, at my own cost and expense,
defend any and all suits which may be brought against the Cit!
Carlsbad, either alone or in conjunction with others, upon an]
such liability, claim or claims and shall satisfy, pay and
discharge any and all judgments and fines that may be recover
against the City of Carlsbad in any such action or actions;
provided, however, that the City of Carlsbad shall give me
written notice of any such claim or demand.
4. Waiver of Liabilitv for Use of EauiDment. I hereby waive and all claims against the City of Carlsbad, its officers,
agents, and employees, for damage to property which may occur
a result of the use of equipment specified as follows:
connected with the rendering of volunteer service, including,
. * a
(Type of Equipment)
THIS IS A RELEASE
I HAVE READ THIS RELEASE CAREFULLY.
I UNDERSTAND THE RISKS INVOLVED IN REXDERING VOLUNTE&R SERVICE.
I UNDERSTAND THAT BY SIGNING THIS, I GIVE UP MY RIGHT TO SUE T€
CITY OF CARLSBAD, ITS AGENTS, OFFICERS, EMPLOYEES OR REGISTEREX VOLUNTEERS IF I AM HURT OR INJVRED OR IF MY PROPERTY IS DAMAGE1
OR DESTROYED, gVEN IF THEY ARE NEGLIGENT.
I AM FULLY PREPARD TO ACCEPT THAT RISK.
Date: Signature
Print Name
Business Address
Residence Address
Business Telephone Number
Residence Telephone Number