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HomeMy WebLinkAbout1996-11-19; City Council; 13917; CONTINUATION OF THE DECLARATION OF A STATE OF LOCAL EMERGENCY RESULTING FROM THE HARMONY FIREe J/ CITY OF CARLSBAD - AGENDA BILL q STATE OF LOCAL EMERGENCY RESULTING FROM THE HARMONY FIRE RECOMMENDED ACTION: Adopt Resolution No. 91, C 373 declaring a continuing state of local erne authorization to seek reimbursement from state and federal agencies. ITEM EXPLANATION: The disastrous Harmony fire which caused property damage and personal injuries it Carlsbad resulted in the proclamation of a local emergency by the City Manager 1 October 21, 1996 at 6:25 p.m.. The fire continued its disastrous consequences i Council met in Special Emergency Session at 12:08 a.m. on Tuesday, October 22 ratified the proclamation by the City Manager and declared a state of local emergc time. The Governor of the State of California visited Carlsbad in response to the Cit for a declaration of a state emergency. The Governor so declared a state en Carlsbad at 10:15 a.m. on Tuesday, October 22, 1996. Subsequently, the Pres United States declared certain Southern California counties, including San Diego the City of Carlsbad, emergency areas pursuant to Presidential powers allowing the and obtain federal assistance. The Council subsequently convened several tim pursuant to the emergency provisions of the Brown Act pursuant to Government C 54956.5. The Council received an update from its staff. In turn, it reported this infor citizens and requested staff to disseminate the maximum amount of information PO to provide the maximum aid and comfort to persons adversely affected by this disi The Council received further updates and information on the Harmony fire at its Tuesday, October 22, 1996, at 7:OO p.m. which was held in accordance with the exceptions of the Ralph M. Brown Act pursuant to Government Code sections 54 and 54956.5. The Council adopted Resolution No. 96-373 at its meeting of Tuesday, Noveml continuing the existence of a local emergency even though the actual fire has controlled and ended but there is a continuing need for damage repairs, asses mitigation measures, erosion control measures and other measures to further prev damage and to ensure the health and safety of the citizens of Carlsbad. days and extend it until it is terminated and there is no longer a need for emergency the necessity and appropriateness of future response actions. Agenda Bill # 1% 97 0 1 Page 2 ENVIRONMENTAL REVIEW: These actions are exempt from environmental review pursuant to Public Resou section 21 080(b)(4) and CEQA Guidelines section 15359 for specific actions ne prevent or mitigate an emergency. FISCAL IMPACT: The Harmony fire has resulted in substantial public and private costs. Staff is in the assembling the scope of these costs in order to seek the maximum available assi: local, state and federal agencies. EXHl BITS: 1. Resolution No. 9b - 371 . * 1 2 3 4 5 6 7 8 9 10 11 12 am $ E cb l3 an8 olug l4 $055 aC$g l5 $>.mi oy90 a:a:%d 16 &g iUU 9 o I <- n LL k2 uo2 p5 ’ 7 Go 18 l9 2o 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 96-397 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 C 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 conver a special emergency session at 12:08 a.m. and declared a state of emergency du catastrophic fire within the City of Carlsbad which fire has caused, continues to 1 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, th Council declared an emergency did exist throughout Carlsbad; and WHEREAS, the City Council did ratify the Proclamation of an Existe a Local Emergency (attached as Exhibit A) declared by the City Manager on Mc October 21, 1996 at 6:25 p.m.; and WHEREAS, there is a need to continue the state of local emei declared Tuesday, October 22, 1996 and continued by the adoption of Resolutic 96-373 on November 5, 1996, which need includes mitigation of property da coordination of disaster relief, placement of erosion control devices and constructic placement of other devices, including appropriate fire and building measures nec to abate hazards created by the Harmony fire; and !, 1 2 3 4 5 6 7 8 9 10 1 1 12 22s 2 aa8 E A l3 owg l4 dU, $045 ' 5 9*aL a>Sz g$gz- 16 28 ukg E:$ JZ zuo aoJ p2 '' 00 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, said local emergency continues until the ca\amitous fir6 resulting damage is abated; and WHEREAS, it is the intent of the City Council to seek the maximur 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 necess effectuate this intent, WHEREAS, the Governor declared a state of emergency on Tu€ October 22, 1996, WHEREAS, the President of the United States declared a n: emergency area in certain counties in Southern California, including San Diego C and the City of Carlsbad, and WHEREAS, state law requires the City Council to review the ne1 continuing the state of local emergency at least every 21 days pursuant to Goverl Code section 8630(c)(2) and that the Council shall proclaim the termination of tht emergency at the earliest possible date that conditions warrant, and WHEREAS, the Council has received the necessary informatio update in order to evaluate the continuing need for a local state of emergency, an( WHEREAS, even though the actual fire has now been controlle ended, there is still need for the state of local emergency to continue requiring di repairs, assessments and mitigation measures, erosion control measures and measures in order to prevent further perilous damage and to ensure the heal safety of the citizens of Carlsbad, and WHEREAS, the City of Carlsbad intends to file a notice of i regarding applying for federal and state disaster assistance in conjunction w Presidential Emergency Declaration due to the October 21, 1996 Harmony fire. NOW, THEREFORE, BE IT RESOLVED that 2 I t 1 2 3 4 5 6 7 8 9 10 11 12 SW8 !2gz 13 a08 JUW# $055 gdz u->o Dm 14 15 JUO :;Q oou zwv) “EzQ 0 ozJ? 16 E:? aoJ p; l7 0 18 l9 20 * 0 1. The above recitations are true and correct. 2. There is a need to continue the state of the local emergency decl Tuesday, October 22, 1996, and continued by the adoption of Resolution No. 96-37 November 5, 1996, which need includes mitigation of property damage, coordinatii disaster relief, placement of erosion control devices and construction and placeme other devices, including appropriate fire and building measures necessary to i hazards created by the Harmony fire. 3. The need for this continuing declaration shall be reviewed with days in accordance with state law. PASSED, APPROVED AND ADOPTED at a regular meeting of th Council of the City of Carlsbad, California, on the 19th day of NOVEMBER I by the following vote, to wit: AYES: NOES: None ABSENT: None Council Members Lewis, Nygaard, Kulchin, Finnila, Hall ATTEST: 23 24 25 26 27 28 3 I/