HomeMy WebLinkAbout1997-01-28; City Council; 14018; Harmony fire local emergency declaration cont.1
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AB# 9 q! 6 I 8 TITLE: CONTINUATION OF THE DECLARATION OF A
STATE OF LOCAL EMERGENCY RESULTING FROM
CITY ATTY. MTG. I I28197 THE HARMONY FIRE
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DEPT. CA CITY MGR.<
RECOMMENDED ACTION:
Adopt Resolution No. 9 '? -35
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 (
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 err
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 timt
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 51
and 54956.5.
The Council adopted Resolution No. 96-373 at its meeting of Tuesday, Novemb(
adopted Resolution No. 96-397 at its meeting of Tuesday, November 19, 19:
Resolution No. 96-414 at its meeting of December 3, 1996, adopted Resolution Nc
its meeting of December 17, 1996, and adopted Resolution No. 97-1 1 at its meetin!
7, 1997 continuing the existence of a local emergency even though the actual fire hz
mitigation measures, erosion control measures and other measures to further prek
damage and to ensure the health and safety of the citizens of Carlsbad.
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
11,000 rock bags. This, along with the 50,600 rock bags purchased to date, means tt-
declaring a continuing state of local emer
October 21, 1996 at 6:25 p.m.. The fire continued its disastrous consequences a
controlled and ended but there is a continuing need for damage repairs, asses '
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Agenda Bill # I q; 0 18
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61,600 bags were installed by November 16, 1996. These bags have primarily bet
construct in excess of I00 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 measur(
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 Del
Forestry has contributed 6,256 hours, along with our crews and the CCC to timely
City’s erosion control measures.
The Governor‘s Office of Emergency Services (OES) has reported that the state’s re
upgrade the federal emergency declaration to a major disaster has been denied. Alt
fire victims receive the same temporary housing assistance under both an emergenc
declaration and a disaster declaration, other forms of assistance automatically trigge
disaster declaration, such as the Individual Family Grant Program and Small Busine:
Administration loans are not presently available to victims.
Although the state has indicated it could appeal that denial, OES has indicated that i
so. It reasons that an appeal will prolong the issue, while acceptance of the emerge
declaration by the state will open the door for the Small Business Administration to a
independently to fund loans to fire victims whose insurance coverage falls short.
The scope of federal assistance available to the City of Carlsbad has also narrowed
emergency declaration. It is limited to reimbursement of costs associated with emer
measures and debris removal. Under a major disaster declaration the scope likely w
included repair or replacement of permanent facilities. Although no City-owned builc
damaged, the City’s losses in trees and irrigation systems equipment is estimated at
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 Col
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 Reso
prevent or mitigate an emergency.
section 21 080(b)(4) and CEQA Guidelines section 15359 for specific actions n
FISCAL IMPACT: e m
The Harmony Grove fire has resulted in substantial public and private costs. Staff is
process of assembling the scope of these costs in order to seek the maximum availal
assistance from state, local and federal agencies. It is anticipated that the City’s expc
which currently total approximately $230,000, will approach $350,000. Under the pro
the declaration, the City may expect to recover $250,000 of those expenses. Carlsb:
Emergency Management Administration Team will submit all of these costs to FEMA
for reimbursement.
EXHIBITS:
1. Resolution No. q’? L 25 .
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RESOLUTION NO. 9 7 - 3 5
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
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
IN RESPONDING TO SUCH EMERGENCY
WHEREAS, on Tuesday, October 22, 1996, the City Council convei
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 as Exhibit A) declared by the City Manager on Mi
October 21, 1996 at 6:25 p.m.; and
WHEREAS, there is a need to continue the state of local erne
declared Tuesday, October 22, 1996, continued by the adoption of Resolution I
373 on November 5, 1996, continued by the adoption of Resolution No. 96-
November 19, 1996, continued by the adoption of Resolution No. 96-414 on Dei
3, 1996, continued by the adoption of Resolution No. 96-414 on December 17
and further continued by the adoption of Resolution No. 97-1 1 on January 7, 199
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need includes mitigation of property damage, coordination of disaster relief, place
of erosion control devices and construction and placement of other devices, incli
appropriate fire and building measures necessary to abate hazards created b'
Harmony fire; and
WHEREAS, said local emergency continues until the calamitous firc
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 Tuc
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 ne
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 thc
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 dl
repairs, assessments and mitigation measures, erosion control measures anc
measures in order to prevent further perilous damage and to ensure the heal
safety of the citizens of Carlsbad, and
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WHEREAS, the City of Carlsbad intends to file a notice of in
regarding applying for federal and state disaster assistance in conjunction wit
Presidential Emergency Declaration due to the October 21, 1996 Harmony fire.
WHEREAS, the Governor's Office of Emergency Services has reF
that the state's request to upgrade the federal emergency declaration to a major di:
was denied ; and
WHEREAS, there is a need to continue the state of the local emers
declared Tuesday, October 22, 1996, continued by the adoption of Resolution Nc
373 on November 5, 1996, continued by the adoption of Resolution No. 96-3:
November 19, 1996, continued by the adoption of Resolution No. 96-414 on Dece
3, 1996, continued by the adoption of Resolution No. 96-436 on December 17,
and further continued by the adoption of Resolution No. 97-1 1 on January 11,
which need includes mitigation of property damage, coordination of disaster
placement of erosion control devices and construction and placement of other del
including appropriate fire and building measures necessary to abate hazards creatt
the Harmony fire.
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NOW, THEREFORE, BE IT RESOLVED that
1. The above recitations are true and correct.
2. The need for this continuing declaration shall be reviewed withi
days in accordance with state law.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Council of the City of Carlsbad, California, on the 28th day of Januaw
1997, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAUTEN
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OF m OF A L
(8y Director of Gnergency ServtcePJ 1
WERIAS,IOM~~~~~G~ l#, 1152 of the Clty of Cirbbrd capowets Director of mrgcncy Sawices++. to pmtafa the cxlstinra or thml &stance of a local tlbt tnty when said City Is affected or i!ktIy i
WEEAS, the Director of €aergcney Senfees of the City of Cii
that condjtions of extrema ertl tq$ of Persons a.nd Pr
tom, epidemic, rt
affected by a public crlimt 's y and tho City Councjl 4s not in scsslan; and
hav~ artsari within tal$ City, cause B by
does hereby f hd; .. . .cc
earthqua&, or ot~mr, cause j
That the City tountf? of the City of Crrlsbad .It not in sesslr caanat bmdiately be called Into session):
Noy, THEREFOE, IT IS HEREBY PKOCLAIR# that a 'local merger exfrts throughout said Ctty; and
ST IS FURTHER PROCUIHEfI AN0 OkDEKED that during the cxlstence local ea#tgency the powers, functions and dutler of the emergency orgal
of this city she'll be thdsrt proscribed by state law, by (shatter) or( and resotutiofis of this Clty, and by the City of Catltbr brgtncy I approved by the City Council on
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. *Thfs form may be used when the dtrectot Is ruthorjred by ordinance such a proclamation. Code ptovfdes: It should be noted that Section 8630 of the Cc
a . Whenever a local elae ency is proslatmed by an off detlgnated by ordinance, the loct erne ency shall not nslrta in e
governing body . a e
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for a period tn excess of seven days 7'4 un ess tt has been ratjfied b
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**Use appraprf ate t i tl e, at es tab1 i shed by ordinance,
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