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Home My WebLink About1996-12-17; City Council; 13966; CONTINUATION OF THE DECLARATION OF A STATE OF LOCAL EMERGENCY RESULTING FROM THE HARMONY FIREi I a3 6k. g .P 2 - - CITY OF CARL,, AD -AGENDA BILL AB# DEPT. HD. MTG. 12/17/96 THE HARMONY FIRE CITY ATTY CITY MGR. DEPT. CA j 3 I (? (Q (Q TITLE: CONTINUATION OF THE DECLARATION OF A STATE OF LOCAL EMERGENCY RESULTING FROM RECOMMENDED ACTION: Adopt Resolution No. 96- 436 authorization to seek reimbursement from state and federal. ITEM EXPLANATION: The disastrous Harmony fire which caused property damage and personal injuries ir 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 time. The Governor of the State of California visited Carlsbad in response to the Cit) Carlsbad at 10:15 a.m. on Tuesday, October 22, 1996. Subsequently, the Presi United States declared certain Southern California counties, including San Diego ' the City of Carlsbad, emergency areas pursuant to Presidential powers allowing the 1 and obtain federal assistance. The Council subsequently convened several timc 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 inforr 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 disa 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 5L and 54956.5. The Council adopted Resolution No. 96-373 at its meeting of Tuesday, Novembc adopted Resolution No. 96-397 at its meeting of Tuesday, November 19, 1996, a Resolution No. 96-414 at its meeting of December 3, 1996, continuing the existenc emergency even though the actual fire has now been controlled and ended bu continuing need for damage repairs, assessments and mitigation measures, ero measures and other measures to further prevent perilous damage and to ensure thc safety of the citizens of Carlsbad. declaring a continuing state of local emei for a declaration of a state emergency. The Governor so declared a state err 1 ' 1 11,000 rock bags. This, along with the 50,600 rock bags purchased to date, meal 61,600 bags were installed by November 16, 1996. These bags have primarily bc construct in excess of 100 check dams to help control sediment and ash. a 0 Agenda Bill # 13, 9 k b Page 2 Moderate rain occurring on November 21, 1996 caused no significant erosion pro result of the Harmony Grove Fire. Substantial preventative erosion control measur up to that date performed extremely well. Significant amounts of sediment ant trapped by the many check dams in place. It was determined that future preventative erosion control measures were necess installation of rock bags was completed on December 6, 1966. The California De Forestry has contributed 6,256 hours, along with our crews and the CCC to timely City’s erosion control measures. 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 that the situation has resulted in conditions which are now deemed to be within th the normal protective services, personnel, equipment and facilities of the City. If Coi it appropriate, staff will present a report on the scope of this emergency, the respon: the necessity and appropriateness of future response actions. ENVIRONMENTAL REVIEW: These actions are exempt from environmental review pursuant to Public Resoi section 21 080(b)(4) and CEQA Guidelines section 15359 for specific actions nc prevent or mitigate an emergency. FISCAL IMPACT: The Harmony fire has resulted in substantial public and private costs. Staff is in thc assembling the scope of these costs in order to seek the maximum available assii local, state and federal agencies. The cost of erosion control measures, as of Nc 1996, is $165,100 (exclusive of City labor and equipment). EXHIBITS: 1. Resolution No. 96 - q36 . 1 1 2 3 4 5 6 7 8 9 10 11 12 00, 2 Z cb 13 qn8 olug l4 lslu? s:>s crt5g a* J ,?k =lI%a E:; 5u-a l5 Swa~ rm-l ozJ - 16 <o-l 60 >2!$ ’ 7 18 l9 2o 21 22 23 24 25 26 27 28 * 0 RESOLUTION NO. 9 6 - 43 6 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 existencc 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, tt- Council declared an emergency did exist throughout Carlsbad; and WHEREAS, the City Council did ratify the Proclamation of an Existe a Local Emergency (attached a3 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 emel declared Tuesday, October 22, 1996, continued by the adoption of Resolution b 373 on November 5, 1996, continued by the adoption of Resolution No. 96-2 November 19, 1996, and further continued by the adoption of Resolution No. 96.. December 3, 1996, which need includes mitigation of property damage, coordin: disaster relief, placement of erosion control devices and construction and placer . 1 2 3 4 5 6 7 8 9 10‘ 11 n 12 sug u> 2 z h 13 80: 14 Wcn iUU aoaa *>3z Et5C 9 a>1$2 o a 9 l5 OZ-’? E E 9 a l6 a01 $0 >2% ’ 7 18 ” 20 zuo F22 21 22 23 24 25 26 27 28 0 0 other devices, including appropriate fire and building measures necessary to hazards created by the Harmony fire; and WHEREAS, said local emergency continues until the calamitous fir1 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 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 Tut October 22, 1996, WHEREAS, the President of the United States declared a ni emergency area in certain counties in Southern California, including San Diego ( and the City of Carlsbad, and WHEREAS, state law requires the City Council to review the ne continuing the state of local emergency at least every 21 days pursuant to Govei Code section 8630(c)(2) and that the Council shall proclaim the termination of th emergency at the earliest possible date that conditions warrant, and WHEREAS, the Council has received the necessary informatic update in order to evaluate the continuing need for a local state of emergency, an1 WHEREAS, even though the actual fire has now been controlk ended, there is still need for the state of local emergency to continue requiring d repairs, assessments and mitigation measures, erosion control measures an( measures in order to prevent further perilous damage and to ensure the hea safety of the citizens of Carlsbad, and WHEREAS, the City of Carlsbad intends to file a notice of regarding applying for federal and state disaster assistance in conjunction v 2 I, I 1 2 3 4 5 6 7 8 Q 10 11 12 om & E cb 13 4ng uwg I1UU m>if utsr n <>Q o n ' l5 zwmo 021. auqo 002 l6 Lorn >rq 17 &? 6066 l4 60A $0 le 20 19 21 22 23 24 e 0 Presidential Emergency Declaration due to the Qcttober 21,1996 Harmony fire. 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, continued by the adoption of Resolution No. 96-35 November 19, 1996, and further continued by the adoption of Resolution No. 96-4 December 3, 1996, which need includes mitigation of property damage, coordinat disaster relief, placement of erosion control devices and construction and placemc other devices, including appropriate fire and building measures necessary to 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 17th day of December I by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall NOES: None ABSENT: None ,/tr&/hf/4 /' / 4 /A ' [ c7 li [ /Cj - CWb DEA. L WIS, YOR ATTEST: 27 28 3 I1 ? e m MTION OF -OF A LOaL FH- a (8y OIrvctor of Ewgenty SetvlccP) WEREAS,f0rdinanca NO. 1152 of the City of Caritbad capowars Ofrector of Efmrgency ServicesH- to proclrira the axtstence ur thtrt cxittenca of a local emergency when said City Is affected or Ifkely affected by a publtc calamtty and the City Council Is not tn scsslon; and MEW, the Ofrector of Emergency Services of the Clty of Cai does hcrtby flnd: e-. - That candfttons of extreme perf of persons alld pr tom, eprderoic, rt have ltfWn Whin sald Ctty, caused by earthquake, of other. cause) That the City Council of the City of Carlsbad 1s not in setslo Cannot imediately be called Into sessfon); MU, TMREFORE, Sf IS HEREBY PROCLAIHED that a local emergen exists throughout said City; and tT IS FURTHER PROCUIHED AN0 ORDERED that during the existence local emergency the powers, functions and dutles of the emergency organ of this Ctty shall be thase prescribed by state law, by (charter) on' and resolutions of this tjty, and by the City of Catlsba Emergency P approved by the CIty Council on \a - A \ t I& I -cLP-.II------.- I *This fonn may be used when the director is authorized by ordinance 1 such a proclamation. It should be noted that Sectlon 8630 of the Go Code provides: . , Whenever a local emergency is proclaimed by an offi desfgnated by ordfnance, the local emergency shall not remafn in ef for a period in excess of seven days unless it has been t'atified by governing body . ' U **Use appropriate tltle, at established by ordinance. .. la-$%, L 4 .d **I - Enclosure A-I-A, Page 4 a