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Home My WebLink About1997-01-07; City Council; 13991; CONTINUATION OF THE DECLARATION OF A STATE OF LOCAL EMERGENCY RESULTING FROM THE HARMONY FIREAB# /3,7@7( MTG. 117197 DEPT. CA TITLE: CONTINUATION OF THE DECLARATION OF A DEPT. HD. STATE OF LOCAL EMERGENCY RESULTING FROM THE HARMONY FIRE CITY ATTY CITY MGR. tz f2.l 31 c .- 0 - exceptions of the Ralph M. Brown Act pursuant to Government Code sections 51 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, 19Z Resolution No. 96-414 at its meeting of December 3, 1996, and adopted Resolution at its meeting of December 17, 1996, continuing the existence of a local emer though the actual fire has now been controlled and ended but there is a continui damage repairs, assessments and mitigation measures, erosion control measure e, S zi 6 While the California Department of Forestry (CDF) has reduced its presence to tw persons), good progress on mitigation continues apace. The combined efforts Conservation Corps (CCC), and to a lesser extent the Urban Corps, have filled a1 0 0 Agenda Bill # I3, ?? ( Page 2 61,600 bags were installed by November 16, 1996. These bags have primarily be construct in excess of 100 check dams to help control sediment and ash. Moderate rain occurring on November 21, 1996 caused no significant erosion pro result of the Harmony Grove Fire. Substantial preventative erosion control measut up to that date performed extremely well. Significant amounts of sediment anc 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 I that the situation has resulted in conditions which are now deemed to be within thl the normal protective services, personnel, equipment and facilities of the City. If Cot 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 Resot 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 the assembling the scope of these costs in order to seek the maximum available assis local, state and federal agencies. The cost of erosion control measures, as of No! 1996, is $165,100 (exclusive of City labor and equipment). EXHIBITS: I. Resolution No. 4 9 c ' I 1 2 3 4 5 6 7 8 9 10 11 12 Om 2 z A l3 a08 Out$ l4 iU0 $045 9 I 9 L l5 zwcn(j SuJ? nksg E:$ 40J m> JZ .>ma gg$6 16 p% ’ 7 50 18 l9 20 21 22 23 24 25 26 27 28 EXHIBIT 1 0 0 RESOLUTION NO. 9 7 - 11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CONTINUING THE EXISTENCE OF A LOCAL EMERGENCY AND REQUESTING OFFICE OF EMERGENCY SERVICES ASSISTANCE AND CONCURRENCE IN RESPONDING TO SUCH EMERGENCY WHERWS, on Monday, October 21 , 1996, the City Manager of the ( Carlsbad proclaimed the existence of a local emergency due to the existencc continued and threatened existence of the Harmony fire in Carlsbad and emergency affected the City and was likely to create a public calamity and thc Council was not at that time in session; and WHEREAS, on Tuesday, October 22, 1996, the City Council conver a special emergency session at 12:08 a.m. and declared a state of emergency du catastrophic fire within the City of Carlsbad which fire has caused, continues to ( and threatens to continue to cause property damage, personal injuries and economic and social costs and damages resulting from this disaster of an unE amount at this time; and WHEREAS, in accordance with the laws of the State of California, thc Council declared an emergency did exist throughout Carlsbad; and WHEREAS, the City Council did ratify the Proclamation of an Exister a Local Emergency (attached as Exhibit A) declared by the City Manager on Mo October 21, 1996 at 6:25 p.m.; and WHEREAS, there is a need to continue the state of local emeri declared Tuesday, October 22, 1996, continued by the adoption of Resolution N 373 on November 5, 1996, continued by the adoption of Resolution No. 96-3: November 19, 1996, and further continued by the adoption of Resolution No. 96-4 December 3, 1996, which need includes mitigation of property damage, coordinat disaster relief, placement of erosion control devices and construction and placem 1 2 3 4 5 6 7 8 9 lo 11 om l2 2 a A l3 uo8 14 l5 a: a: ‘2 o l6 ’ 7 18 19 20 21 22 23 24 25 26 27 28 &u~ i;;: u->o ZdZ E:$ $25 m> 2053 OolL ;i$g 0Z-l- UOJ 50 e 0 other devices, including appropriate fire and building measures necessary to i 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 nz 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 Gover 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, anc WHEREAS, even though the actual fire has now been controlle ended, there is still need for the state of local emergency to continue requiring d: 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 2 1 2 3 4 5 6 7 8 9 10 11 12 00) SU% 2~2 13 an8 owg YUU s o 5 4 14 Ed2 n->u J oOoB 84- 15 OZJO a: a: 9 n l6 aoJ z2; l7 G 18 19 20 21 22 23 24 25 26 27 28 S$$+! F:? a 0 Presidential Emergency Declaration due to the October 21, 1996 Harmony fire. WHEREAS, there is a need to continue the state of the local emerg declared Tuesday, October 22, 1996, continued by the adoption of Resolution Nc 373 on November 5, 1996, continued by the adoption of Resolution No. 96-31 November 19,1996, continued by the adoption of Resolution No. 96-414 on Dece 3, 1996, and further continued by the adoption of Resolution No. 96-436 on Dece 17, 1996, which need includes mitigation of property damage, coordination of dis relief, placement of erosion control devices and construction and placement of devices, including appropriate fire and building measures necessary to abate ha 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 7th day of Januarv 1997, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall NOES: None ABSENT: None ATTEST: ALETHA L. RAUTENKRANZ, City Clprk 3 e t (Sy OInttor of Gaergency Services-) WHERfAS,~Ordinanca HO. I152 of the Ctty of Caritbad ampouer ~irectot of hrgcncy Services*. to proetala the exlrtenct or ttrre existence of a ka1 emergency when said City is affected or llkely affected by a pubtfc calamity and the City Councll 1s not in scrtton: and W€RuIs, the Director of fmergency Services of the City of Ca That condltlans of extreme peri of persons afld Pt have ortscn wlthfn said Ctty, caused by tom, epidemic, r~ earthquake, or other. cause) ' That the Cfty Council of the City of Corlsbad t5 not in setsfa Cannot inmediately be called info sestfon); MU, THEREFORE, IT IS HEREBY PRUCLAIHED that a local eaergen exists throughout said City; and IT IS FURTHER PROCLAIHED AND OhERED that during the existence 1 local emergency the powers, functions and duttes of the emergency organ of thit City shall be those proscribed by state law, by (charter) ord and resolutions of this City, and by the City of Carlsbr Emergency P does hereby find: **. - approved by the City Council on \f) - x 1 g 19& CI-------u- .*Thls form may be used when the dltector is authorfted by ordinance t such a proclamation. It should be noted that Sectlon 8630 of the Got Code provides: .. . . Whenever a local emergency 1s proclaimed by an effh detigaated by ordinance, the local emergency shall not remain in efi for a period in excess of seven days unless it has been ratffied by governing body e a +*Use appropriate title, at established by ordinance. .. .- \cl-yy2 6 tl ! .& ...a .. Enclosure A-1-A, Page 4 L Ell