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Home My WebLink About1996-12-03; City Council; 13935; CONTINUATION OF THE DECLARATION OF A STATE OF LOCAL EMERGENCY RESULTING FROM THE HARMONY FIREsa a lx & 9 Id%. 4 c .G CI " C 3 8 2 - .- CITY OF CARLsBAD - AGENDA BILL AB# 1 3! q 3 5 TITLE: CONTINUATION OF THE DECLARATION OF A DEPT. HD. MTG. 12/3/96 THE HARMONY FIRE CITY ATTY DEPT. CA CITY MGR. STATE OF LOCAL EMERGENCY RESULTING FROM - RECOMMENDED ACTION: Adopt Resolution No. 96- 4/4 authorization to seek reimbursement from state and federal. ITEM EXPLANATION: The disastrous Harmony fire which caused property damage and personal injuries in Carlsbad resulted in the proclamation of a local emergency by the City Manager c October 21 , 1996 at 6:25 p.m.. The fire continued its disastrous consequences a 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 emerge for a declaration of a state emergency. The Governor so declared a state em Carlsbad at 10:15 a.m. on Tuesday, October 22, 1996. Subsequently, the Presic United States declared certain Southern California counties, including San Diego C the City of Carlsbad, emergency areas pursuant to Presidential powers allowing the C and obtain federal assistance. The Council subsequently convened several time pursuant to the emergency provisions of the Brown Act pursuant to Government Cc 54956.5. The Council received an update from its staff. In turn, it reported this inforn citizens and requested staff to disseminate the maximum amount of information pos. to provide the maximum aid and comfort to persons adversely affected by this disas The Council received further updates and information on the Harmony fire at its I Tuesday, October 22, 1996, at 7:OO p.m. which was held in accordance with the f exceptions of the Ralph M. Brown Act pursuant to Government Code sections 54! and 54956.5. declaring a continuing state of local emer time. The Governor of the State of California visited Carlsbad in response to the City The Council adopted Resolution No. 96-373 at its meeting of Tuesday, November 5, adopted Resolution No. 96-397 at its meeting of Tuesday, November 19, 1996 con existence of a local emergency even though the actual fire has now been controlled but there is a continuing need for damage repairs, assessments and mitigation erosion control measures and other measures to further prevent perilous damage anc the health and safety of the citizens of Carlsbad. While the California Department of Forestry (CDF) has reduced its presence to two persons), good progress on mitigation continues apace. The combined efforts of Conservation Corps (CCC), and to a lesser extent the Urban Corps, have filled app 11,000 rock bags. This, along with the 50,600 rock bags purchased to date, means 61,600 bags were installed by November 16, 1996. These bags have primarily be€ construct in excess of I00 check dams to help control sediment and ash. 0 0 Agenda Bill # 13,q 3 5 Page 2 State law requires that the Council review the status of the local emergency at lea: days and extend it until it is terminated and there is no longer a need for emergency I that the situation has resulted in conditions which are now deemed to be within tht the normal protective services, personnel, equipment and facilities of the City. If COL it appropriate, staff will present a report on the scope of this emergency, the respons the necessity and appropriateness of future response actions. ENVIRONMENTAL REVIEW: These actions are exempt from environmental review pursuant to Public ResoL section 21080(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 assis local, state and federal agencies. EXHIBITS: 1. Resolution No. 96 - 419 . \ 1 2 3 4 5 6 7 8 9 10 11 12 2 E h 13 a08 0Lug 14 3UU $03-4 ak5: 9 ? 2 LL l5 5&$2 ar90 k$ am SUE a> >-I2 oz-’? 16 <OJ > 5 9 ’ 7 60 18 ” 2o 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 9 6 - 4 14 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 ( Carlsbad proclaimed the existence of a local emergency due to the existencl continued and threatened existence of the Harmony fire in Carlsbad and emergency affected the City and was likely to create a public calamity and tht 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 and threatens to continue to cause property damage, personal injuries and economic and social costs and damages resulting from this disaster of an unl 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 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, there is a need to continue the state of local emer declared Tuesday, October 22, 1996, continued by the adoption of Resolution N 373 on November 5, 1996, and further continued by the adoption of Resolution N 397 on November 19, 1996, which need includes mitigation of property dar coordination of disaster relief, placement of erosion control devices and constructio placement of other devices, including appropriate fire and building measures necc 1 1 2 3 4 5 6 7 8 9 . 10 11 12 sm mu? Lou2 2 ; 2 5 l4 utsa 00 9 I 9 5 l5 u>m$ $gv qg2 l6 L24 - ps 17 00 l8 19 2o 21 22 23 24 a> gzm 13 a08 1UU UOJ 25 26 27 28 0 0 to abate hazards created by the Harmony fire; and WHEREAS, said local emergency continues until the calamitous fir resulting damage is abated; and WHEREAS, it is the intent of the City Council to seek the maximur comfort and restitution of its citizens who are victims of this calamity; and WHEREAS, it is the intent of the City Council to do all things necess effectuate this intent, WHEREAS, the Governor declared a state of emergency on Tu€ October 22, 1996, WHEREAS, the President of the United States declared a n: emergency area in certain counties in Southern California, including SF? Diego C and the City of Carlsbad, and WHEREAS, state law requires the City Council to review the ne1 continuing the state of local emergency at least every 21 days pursuant to Gover Code section 8630(c)(2) and that the Council shall proclaim the termination of the emergency at the earliest possible date that conditions warrant, and WHEREAS, the Council has received the necessary informatior update in order to evaluate the continuing need for a local state of emergency, and WHEREAS, even-though the actual fire has now been controllel ended, there is still need for the state of local emergency to continue requiring dz repairs, assessments and mitigation measures, erosion control measures and measures in order to prevent further perilous damage and to ensure the healt safety of the citizens of Carlsbad, and WHEREAS, the City of Carlsbad intends to file a notice of ir regarding applying for federal and state disaster assistance in conjunction wi Presidential Emergency Declaration due to the October 21, 1996 Harmony fire. 2 V 1 2 3 4 5 6 7 8 9 10 11 12 9m a~$ or 13 oug 14 ntga: 9O09 15 ZE$ s 3U-O o 4 5 si?: E:? aoi >-lz 0Z-l. 16 =azo >2% 17 60 18 19 20 21 22 23 24 25 26 27 28 e 0 WHEREAS, there is a need to continue the state of the local emerc declared Tuesday, October 22, 1996, continued by the adoption of Resolution Nc 373 on November 5,1996, and further continued by the adoption of Resolution Nc 397 on November 19, 1996, which need includes mitigation of property dar coordination of disaster relief, placement of erosion control devices and constrr and placement of other devices, including appropriate fire and building mea 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 witt 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 3rd day of December , by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Hall and Finnila NOES: None ABSENT: None ATTEST: ALETHA LLmL L. M$TE&m 3 // 7 II) m P7 OF A "' FHERGENCY I (8y Director of Gneqency Servicesn) wtiEREAST f Otdjnrnte NO. 1152 af the Clty of CUlSkd eUlg0W Oirectot of Emargcncy Servtces- to proclrtar the exlrtencc or thre existence of a local emergency when said CIty is affected or \iltety affected by a publfc cahfty and the City Council is not in session; and UHEREAS, the Dtrectot of Emergency Services of the CIty of Ca That condl tl ons of extreme per! 1 tq$hc_ufet of persons and PI -(fire, f\ood,-stonn, epidemic, ri does hereby find:. . - have artsen within said City, caused by earthquake, or other cause) cannot iamediately be called into session); exists throughout said City; and IT IS FURTHER PROCLAIHED AND ORDERED that during the existence local emergency the powers, functions and duttet of the encrgemy organ of this City shall be those prescribed by state law, by (chatter) ord and resolutions of this City, and by the Ctty of Carltbr Ewrgency C -' \ b. That the City Council of the City of Carlsbad is not in sessic NOM, mEREf6RC. IT IS HEREEY PROCLAIHED that a local ernergel approved by the City Council on \a - \ \ ' 19& ----I----- *This form may be used when the director is authorized by ordinance * such a proclamation. It should be noted that Sectton 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 far a period in excess of seven days unless it has been fatffied bg governing body . . . * **Use appropriate title, at established by ordinance. Y~I\ i) - -* u c F, L\:~& .x?+$$& 6 x* CITY OF 9 %i2T?C& ARLSBAD, CALIFORNIA 42GER . .d. .* - En1:losure A-1-A, Page 4 m